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Can they use heresay when children under the age of 12 in kentucky? |
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the concern is likely whether a child will be considered a competent witness in court, depending on age, rather than whether hearsay will be allowed. Generically, hearsay is not allowed unless there is some exception to the rule disallowing it, or an exemption. there are no exceptions or exemptions due to the declarant's age. My suspicion, though I do not practice in Kentucky, that if the child is older than 3, and they are the victim or a witness of a serious crime, they may very well be called as a witness. The appropriate hearsay objection would be when the child witness is asked what someone else said.
First answer by Sbcrimlawyer. Last edit by Sbcrimlawyer. Contributor trust: 54 [recommend contributor]. Question popularity: 8 [recommend question]
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