43.12 Evidence on motions

Here's a plain English summary:

If someone files a motion in a Kentucky civil case and the facts behind it aren't already part of the court record, the judge has some flexibility in how to handle it. The judge can decide to look at written statements, called affidavits, from both sides to figure out what happened.

But the judge isn't limited to just paperwork. If needed, the judge can also ask people to testify in person, in court. The judge could also use depositions, which are recorded statements taken outside of court under oath. The judge can even mix these methods, using some affidavits along with some live testimony or depositions.

In short, this rule gives judges the power to choose the best way to get the facts they need when deciding on a motion. It's about making sure the court has enough good information to make a fair decision, whether that comes from written statements, spoken testimony, or a combination of both.