(1) Motion. A motion to suppress evidence shall be filed by the deadline set by the court pursuant to Rule 8.20 for the filing of such motion. If the court has set no deadline under Rule 8.20, the motion shall be filed within a reasonable time before trial. (2) Hearing. The court shall conduct a hearing on the record and before trial on issues raised by a motion to suppress evidence. No jury and no prospective juror shall be present at any such hearing. (3) Witness’s statements. (a) Production of witness’s statements. Except for good cause shown, not later than forty-eight (48) hours before a suppression hearing, a party who reasonably anticipates calling a person to testify as a witness at the suppression hearing shall furnish every other party with a copy of all statements of such person (other than the defendant) that relate to the subject matter of that person’s anticipated testimony at the suppression hearing.(b) Producing the Entire Statement. If the entire statement relates to the subject matter of such person’s anticipated testimony as a witness at the suppression hearing, the court must order that the statement be delivered to the moving party.(c) Producing a Redacted Statement. If the party who called or anticipates calling such person as a witness at the suppression hearing claims that the statement contains information that is privileged or does not relate to the subject matter of the witness’s testimony or anticipated testimony at the suppression hearing, the court must inspect the statement in camera. After excising any privileged or unrelated portions, the court must order delivery of the redacted statement to the other party. If a party objects to an excision, the court must preserve the entire statement with the excised portion indicated, under seal, as part of the record. (d) Recess to Examine a Statement. The court may recess the proceedings to allow time for a party to examine the statement and prepare for its use.(e) Sanction for Failure to Produce or Deliver a Statement. If the party who called the witness willfully disobeys an order to produce or deliver a statement, the court must strike the witness’s testimony from the record. (f) “Statement” Defined. As used in this rule, a witness’s “statement” means:
(1) a written statement that the witness makes and signs, or otherwise adopts or approves;(2) a substantially verbatim, contemporaneously recorded recital of the witness’s oral statement that is contained in any recording or any transcription of a recording; or (3) the witness’s statement to a grand jury, however taken or recorded, or a transcription of such a statement.(4) Briefing. The court shall allow a party to file a brief in support of or in opposition to any such motion or objection, either in advance of the hearing, upon its final adjournment, or both. (5) Applicability of other rules. Rules 8.14, 8.18 and 8.20 apply to the suppression of evidence of alleged confessions, of the fact or the alleged fruits of a search or seizure and of a purported identification made by an alleged witness.
Ky. R. Crim. P. RCr 8.27
Adopted by Order 2014-22, eff. 1-1-15.
Comment: New RCr 8.27 is a new version of existing RCr 9.78.
