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120.065 Evidence in primary contest -- Trial -- Judgment.

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120.065 Evidence in primary contest -- Trial -- Judgment. Each party to a contest instituted under KRS 120.055 shall be entitled, in the production <br>of evidence to be used on the trial thereof, to all the remedies allowed in cases at law and <br>in equity. In trying the contest the court shall hear and determine all questions of law and <br>fact without the intervention of a jury, and may examine the witnesses orally or require or <br>permit the parties to take the evidence by depositions. If the evidence is taken orally <br>either party may require it to be taken by the official reporter for the court, to be taken and <br>transcribed and paid for as evidence in other civil actions. The court may require the <br>contestant, or the person who has the burden of proof under the issue joined, to complete <br>his proof in not less than fifteen (15) days after service of summons, and the contestee, or <br>the person not having the burden, to complete his proof in not less than ten (10) days after <br>filing an answer. Each party may be given one (1) day additional for producing evidence <br>in rebuttal and no greater time shall be extended, unless the court is satisfied that the ends <br>of justice demand it. The court shall, immediately after the evidence is concluded, <br>consider the contest and determine it. If it appears from an inspection of the whole record <br>that there has been such fraud, intimidation, bribery or violence in the conduct of the <br>election that neither contestant nor contestee can be adjudged to have been fairly <br>nominated, the court may adjudge that there has been no election, in which event the <br>nomination shall be deemed vacant. The judgment of the court shall be filed in the office <br>of the Circuit Court clerk. History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 133. -- Created 1974 Ky. Acts ch. 130, sec. 159.