The record of what is proved or deposed in court by witnesses on the motion to admit a will to record, and any deposition lawfully taken out of court on such motion, of witnesses who cannot be produced at a trial in the Circuit Court before a jury, may, on such trial, be admitted as evidence, to have such weight as the jury thinks they deserve.
Effective: October 1, 1942

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Terms Used In Kentucky Statutes 394.270

  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 4863.