Kentucky Revised Statutes
Ky. Rev. Stat. § 28.430 (2026)
Repealed, 1978
✓ current as of May 2026
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Catchline at repeal: Report of proceedings -- Transcript. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 62, sec. 41. -- Amended 1968 Ky. Acts ch. 152, sec. 15. -- Amended 1952 Ky. Acts ch. 84, sec. 48. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1019a-3, 1019a-5, 4639, 4640, 4645a-3.
Notes of Decisions
Cited in 16
cases, 1943–1974 · leading case: Courier-Journal & Louisville Times Co. v. Curtis, 335 S.W.2d 934 (Ky. Ct. App. 1959).
Courier-Journal & Louisville Times Co. v. Curtis, 335 S.W.2d 934 (Ky. Ct. App. 1959). “Under KRS 28.430, if the presiding judge is of the opinion that the testimony in any proceeding should be preserved, he shall direct the reporter to take full notes of the proceeding; and in all criminal proceedings, upon motion of either party, the court shall order the…”
Rice v. Davis, 366 S.W.2d 153 (Ky. Ct. App. 1963). “*156 KRS 28.430 provides, in part: “(1) (a) Upon any trial or proceeding if either party requests the services of the reporter, * * * the presiding judge shall direct the reporter to, and the reporter shall, take full stenographic notes of the proceedings.”
Woods v. Commonwealth, 305 S.W.2d 935 (Ky. Ct. App. 1957). “KRS 28.430, in part, provides: “(l)(a) Upon any trial or proceeding if either party requests the services of the reporter, * * * the presiding judge shall direct the reporter to, and the reporter shall, take full stenographic notes of the proceedings.”
Louisville & N. R. v. Paul's Adm'r, 235 S.W.2d 787 (Ky. Ct. App. 1950). “KRS 28.430, 28.470. The Civil Code of Practice, Section 337, declares that no particular form of bill of exceptions is required, but it seems to be contemplated that the attorney for the litigant shall prepare the bill of which the stenographer’s transcript will be made a part.”
Nat'l Dairy Prods. Corp. v. Rittle, 487 S.W.2d 894 (Ky. Ct. App. 1972). “2d 935 (1957), a criminal case, the provisions of KRS 28.430 were held mandatory. In Crowder v.”
Louisville Taxicab & Transfer Co. v. Johnson, 224 S.W.2d 639 (Ky. Ct. App. 1949). “court being somewhere in the state of West Virginia but the exact location could not be learned; that Doctor Crawford was out of the jurisdiction of the court having located somewhere in the state of Indiana bi}t the exact place was unknown and could not be learned; that it was…”
Rybolt v. Futrell, 176 S.W.2d 269 (Ky. Ct. App. 1943). “Evidently, the Legislature meant to protect our eyes in that we be not required to read a carbon copy but are entitled to a clear and distinct transcript. Circuit court clerks and attorneys must exercise care and follow this statute.”
Commonwealth v. Bugg, 514 S.W.2d 119 (Ky. Ct. App. 1974). “Testimony of the witness was crucial to the Commonwealth’s side of the case, but the trial court ruled that the testimony could not be used as evidence-in-chief in behalf of the Commonwealth, and cited KRS 422.150 and RCr 7.”
Louisville & N. R. v. Paul's Adm'r, 235 S.W.2d 787 (Ky. Ct. App. 1951). “KRS 28.430, 28.470. The Civil Code of Practice, Section 337, declares that no particular form of bill of exceptions is required, but it seems to be contemplated that the attorney for the litigant shall prepare the bill of which the stenographer’s transcript will be made a part.”
Callihan v. Luster, 305 S.W.2d 530 (Ky. Ct. App. 1957). “This statute reads: “The testimony of any witness taken by a stenographic reporter pursuant to KRS 28.430 may, in the discretion of the court in which it is taken, be used as evidence in any subsequent trial of the same issue between the same parties, where the testimony of such…”
Caldwell v. Jarvis, 185 S.W.2d 552 (Ky. Ct. App. 1945). “Appellee’s motion to strike the Bill of Exceptions because the official stenographer failed to prepare and file with the Clerk of the Court a carbon copy of the Transcript of Evidence as required by KRS 28.430 is overruled. The original transcript was certified and filed within…”
Hamilton v. Commonwealth, 188 S.W.2d 435 (Ky. Ct. App. 1945). “KRS 28.430 provides that upon any trial if either party requests the services of the official stenographic reporter, or if, in the opinion of the presiding judge, the testimony should be preserved, the presiding judge shall direct the reporter to take full stenographic notes of…”
— Ky. Rev. Stat. § 28.430(1)(a) — 1 case
Nat'l Dairy Prods. Corp. v. Rittle, 487 S.W.2d 894 (Ky. Ct. App. 1972). “2d 935 (1957), a criminal case, the provisions of KRS 28.430 were held mandatory. In Crowder v.”
— Ky. Rev. Stat. § 28.430(2) — 1 case
Meredith v. Commonwealth, 296 S.W.2d 705 (Ky. Ct. App. 1956).
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