Ky. R. Civ. P. 98. — Procedures for video recorded court proceedings and appeals

(1) Scope of Rule. The provisions of this Rule shall apply to any court proceeding presided over by, or to any appeal from a judgment entered by, a trial judge upon his/her activation and use of video recording equipment to record the court proceeding.

(2) Record of Trial Court Proceedings. In addition to those provisions of the Kentucky Rules of Court relating to video recorded court proceedings the following procedures shall apply:

(a) Video Recordings. The official record of these court proceedings shall be constituted as follows:

1. two (2) videotape recordings, recorded simultaneously, of court proceedings utilizing video cassette equipment; or,

2. two (2) copies of the digital video recording when court proceedings are otherwise electronically recorded.

(i) Method of identification. For identification purposes, the clerk shall designate on each of the two video recordings, on one line, the judicial circuit or district number, the court division number (if any), the last two digits of the current year, the letters “VR”, the number of the video recording (counting all video records used since the start of the current calendar year), either the letter “A”, if the video recording is retained by the clerk, or the letter “B”, if the video recording is filed with the clerk, the number of the video recording used in the proceeding being identified, and the case file number of the proceeding being identified (for example: 22-3-06-VR-015-A-1, 06-CR-123). On the second line, the clerk shall designate the caption of the proceeding recorded on the video (for example: Smith v. Jones) or refer to the video recording log for the captions of the proceedings when multiple proceedings are recorded thereon. On the third line, the clerk shall designate the date on with which the video record was made (for example: 10/27/06).

(ii) Duplicate copies. The clerk shall arrange for the recording of duplicate copies of video recordings for use by counsel in preparing an appeal. The clerk shall charge the person requesting a duplicate video recording a reasonable fee, which shall be set by the Administrative Office of the Courts, for each duplicate video tape, disk or other media requested.

(b) Exhibit List: Trial Log. The trial judge or his/her designee shall make a written exhibit list, a written trial log, and a written log listing the date and time of where each witness' testimony begins and ends on the video recording. The trial judge shall keep one copy of each log and list as part of the record, and shall place a second copy of each log and list with the video recording, or portion thereof.

(c) Exhibits. By pretrial order, the trial judge may require that at the time an exhibit is introduced into evidence, a photograph or photographs of the exhibit be submitted and included as part of the record, in lieu of the exhibit itself being retained by the clerk as part of the record. The photograph(s) shall serve as part of the official record, and the exhibit itself may be returned for safekeeping to the custody of the party introducing the exhibit.

(d) Depositions. In a court proceeding in which video recording equipment is being used to record the proceeding, the official record of a deposition admitted into evidence may be, in the trial judge's discretion, either the transcript of the deposition or the video recording of the deposition.

(e) Court Reporters in Mechanically Recorded Proceedings. Any party to the case may have a stenographic reporter present as part of the public or at counsel table and the court shall, to the extent it can do so without unduly disrupting its proceeding, accommodate the reporter inside the bar.