Rule 98.Procedures for video recorded court proceedings and appeals.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceSets the procedures Kentucky trial courts follow when a proceeding is video recorded, covering how the recordings are made, labeled, and duplicated, how exhibits and depositions are logged and preserved, and how the record supports an appeal.

Full Text of Rule 98

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(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.

End

Amendment History

(Adopted July 12, 1989, effective August 28, 1989; amended August 6, 1990, effective September 15, 1990; amended July 8, 1992, effective August 1, 1992; amended September 7, 1994, effective October 1, 1994; amended December 3, 1998, effective January 1, 1999; amended November 27, 2000, effective February 1, 2001; amended October 1, 2002, effective January 1, 2003; amended November 13, 2006, effective January 1, 2007; amended October 25, 2022, effective January 1, 2023.)

Plain-English Summary

Rule 98 governs court proceedings recorded on video instead of taken down word-for-word by a court reporter. It applies to any proceeding a judge records on video, and to any appeal from a judgment entered in one. Because the video recording becomes the official record, the rule spells out exactly how that record has to be made, marked, copied, and supplemented so it holds up on appeal.

Every proceeding gets recorded twice at the same time, either on two videotapes or as two copies of a digital recording, so there's a backup if one copy is lost or damaged. The clerk labels each recording with a code that identifies the court, the year, a sequential recording number, whether the clerk is keeping the original or has filed a duplicate, and the case number and party names, plus the date. Anyone who needs a copy for an appeal can get one from the clerk for a fee set by the Administrative Office of the Courts.

Because a video recording doesn't come with a transcript's page-and-line index, the rule requires paper trails alongside it. The trial judge keeps a written exhibit list, a trial log, and a log showing where each witness's testimony starts and stops on the recording, with a copy filed alongside the video. A judge may also order that exhibits be photographed for the record instead of held by the clerk, letting the original go back to the party who introduced it. Depositions played into evidence become part of the record either as a transcript or as the video itself, at the judge's discretion.

The rule also protects a party's right to have a stenographic reporter present even in a video-recorded proceeding. The court has to accommodate that reporter, including a seat inside the bar, so long as doing so doesn't disrupt the proceeding.

Frequently Asked Questions

How do video-recorded court proceedings work in Kentucky?

Under CR 98, the court records the proceeding twice at once, either on two videotapes or as two copies of a digital recording. The clerk labels each copy with a code identifying the court, year, recording number, and case, and keeps a written exhibit list, trial log, and witness-testimony log alongside the recording.

Can I get a copy of a video-recorded hearing for an appeal?

Yes. The clerk arranges duplicate copies of the video recording for use in preparing an appeal, for a reasonable fee set by the Administrative Office of the Courts.

Does a video recording replace a court reporter?

Not necessarily. A party may still have a stenographic reporter present in a video-recorded proceeding, and the court must accommodate that reporter, including inside the bar, so long as it doesn't unduly disrupt the proceeding.

How is a deposition handled in a video-recorded proceeding?

When a deposition is admitted into evidence in a proceeding using video recording equipment, the trial judge decides whether the official record consists of the deposition transcript or the video recording of the deposition itself.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 98). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

Also known as: Kentucky CR 98video recorded court proceedings Kentuckyhow to get a copy of a court video recording Kentuckyvideo record appeal Kentuckyexhibit list trial log Kentucky video recording