Ky. Rev. Stat. » Chapter 422
Kentucky Revised Statutes

Ky. Rev. Stat. § 422.040 (2026)

Court records of other states and United States entitled to full faith and

✓ current as of May 2026
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credit. The records and judicial proceedings of any court of any state, attested by the clerk thereof in due form, with the seal of the court annexed if there be a seal, and certified by the judge, chief justice, or presiding magistrate of the court, shall have the same faith and credit given to them in this state as they would have at the place from which the records come. The record and judicial proceedings of any court of the United States attested by the clerk thereof, with the seal of the court annexed if there be a seal, shall have the same faith and credit given to them in this state as they would have in the courts of the United States. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1635.

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1944–2024 · leading case: Montgomery v. Commonwealth, 320 S.W.3d 28 (Ky. 2010).
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Montgomery v. Commonwealth, 320 S.W.3d 28 (Ky. 2010). · cites it 3× “Before the opening of the penalty phase, Montgomery moved, in essence, to have the PFO charge dismissed because the proof the Commonwealth had proffered of his prior convictions — records of Indiana felony judgments — had not been certified by an Indiana judge as required by KRS…”
Robinson v. Commonwealth, 926 S.W.2d 853 (Ky. 1996). · cites it 4× “While we are not yet ready to reverse course from that set by Hall, supra , in regard to the admissibility of Kentucky State Police printouts as introduced by a member of that organization, we will not expand that holding to embrace any compilation of data by any court or police…”
Stephen Marchese v. Allison Aebersold, 530 S.W.3d 441 (Ky. 2017). · cites it 2× “The trial court’s use of the Virginia; conviction fails to comply with the established procedures for properly proving an out-of-state conviction as set forth under KRS 422.040, KRE 901(b)(7), KRE 902, KRE 1005, and Merriweather v.”
Thomas v. Commonwealth, 153 S.W.3d 772 (Ky. 2004). · cites it 2× “The Court of Appeals affirmed his criminal abuse conviction but reversed the PFO verdict because the documentation of Appellant's prior felony convictions in Illinois did not contain the statutorily required judicial certification.”
Davis v. Commonwealth, 899 S.W.2d 487 (Ky. 1995). · cites it 4× “KRS 422.040 provides that The records and judicial proceedings of any court of any state, attested by the clerk thereof in due form, with the seal of the court annexed if there be a seal, and certified by the judge, chief justice, or presiding magistrate of the court, shall have…”
Merriweather v. Commonwealth, 99 S.W.3d 448 (Ky. 2003). · cites it 2× “In a somewhat nebulous three-part argument, the Commonwealth responds that: (1) we should disregard the Davis decision because our interpretation of KRS 422.040 therein is an impermissible infringement by the legislature on this Court’s rule-making authority; (2) KRS 422.”
Dillingham v. Commonwealth, 995 S.W.2d 377 (Ky. 1999). · cites it 2× “The NCIC printout was not certified as required by KRS 422.040. Nor did the Commonwealth lay the proper foundation to introduce the contents of the printout as a business record exception to the hearsay rule.”
Wager v. Commonwealth, 751 S.W.2d 28 (Ky. 1988). · cites it 2× “The same is true with the argument relating to the failure of the prosecutor to properly complete the strict authentication procedures of KRS 422.040. I join with the majority in admonishing prosecutors to follow the strict procedures required by the law.”
Hardin v. Commonwealth, 428 S.W.2d 224 (Ky. Ct. App. 1968). · cites it 4× “The West Virginia record offered in evidence was not authenticated in accordance with KRS 422.040 and CR 44.01. In Allen v. Commonwealth, 272 Ky.”
Callahan v. Callahan, 177 S.W.2d 565 (Ky. Ct. App. 1944). “He pleaded and offered in evidence a copy of the Indiana judgment, which was not properly authenticated (KRS 422.040), but there was no objection interposed thereto.”
Commonwealth v. Mixon, 827 S.W.2d 689 (Ky. 1992). “KRS 422.040 should govern this situation.”
Stewart v. Commonwealth, 479 S.W.2d 23 (Ky. Ct. App. 1972). “Appellant says that the prior conviction of Stewart was not proved as required by KRS 422.040, as the official records were not introduced into evidence.”
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