reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 3 - Process › 60-306 Process service agent.

60-306.
Process service agent.
(a) Generally. An individual, partnership, association or corporation may appoint a resident of this state as service agent and consent that process may be served on the service agent as the agent of the individual, partnership, association or corporation. An instrument appointing the service agent must be acknowledged, must be filed with the office of the secretary of state and must include:
(1) The name and address of the person or entity making the appointment;
(2) the name and residence or office address of the service agent; and
(3) if an entity makes the appointment, the state of its formation.
(b) Change of address. An appointment must be amended, in writing, and filed with the secretary of state whenever the name or address of the service agent changes.
(c) Period of appointment. An appointment remains in effect for a period of three years from the date of its filing unless it is revoked in a writing that is executed in the same manner as the appointment and is filed with the office of the secretary of state.
(d) Collection of fee. The fee for filing an appointment, amendment or revocation shall be $20. The secretary of state shall remit all fees received pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the information and services fee fund created in K.S.A. 75-438, and amendments thereto.
(e) Effect of service on agent. When an individual, partnership, association or corporation has appointed a service agent and the appointment remains unexpired and unrevoked, process issued in any action or proceeding against the individual, partnership, association or corporation in any court may be served on the service agent. Service by publication is of no force or effect when an appointment of service agent made and filed under this section remains in effect unless process showing on its face the name and address of the service agent has been duly issued to the proper officer of the county of the service agent's address and the officer files a return stating that the officer cannot find the service agent in the county.
History:
L. 1963, ch. 303, 60-306; L. 1976, ch. 196, § 3; L. 1992, ch. 67, § 2; L. 2001, ch. 5, § 207; L. 2010, ch. 135, § 151; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 3 - Process › 60-309 Relief from default judgment entered on service by publication.

60-309.
Relief from default judgment entered on service by publication.
(a) Procedure. A party against which a judgment has been entered on service by publication in a newspaper, may, at any time within two years after its entry, move for relief from the judgment and to be allowed to defend. Before such relief may be granted, the movant must serve the motion on the adverse party, file a full answer to the petition, pay all costs if the court requires them to be paid and satisfy the court by affidavit or a declaration pursuant to K.S.A. 53-601, and amendments thereto, that the movant had no actual notice of the action in time to appear. The adverse party may present counter-affidavits or counter-declarations.
(b) Sale for value after three months. If no motion is made under subsection (a) within three months after the date the judgment was entered, a sale of property made to a purchaser for value in reliance on the judgment is not affected by a later-filed motion.
(c) Judicial sales. If property is sold on order of sale under the judgment from which relief is sought, the sale is not affected by a motion under subsection (a). Unless the court finds from affidavits, declarations pursuant to K.S.A. 53-601, and amendments thereto, or other evidence that actual notice was given before judgment to the parties served only by publication, the court must impound the proceeds of the sale and not distribute them until: (1) Three months have elapsed after the date the judgment was entered; or (2) a motion under subsection (a), if brought within the three-month period, is disposed of and the right to the impounded proceeds determined.
(d) Bond in lieu of impounding proceeds. In lieu of impounding the proceeds of sale as provided in subsection (c), any party having an interest under the judgment may give a bond, to be approved by the court, for the payment of an amount not exceeding the amount of the proceeds of sale to other persons found to be entitled to the proceeds.
History:
L. 1963, ch. 303, 60-309; L. 2010, ch. 135, § 154; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 3 - Process › 60-310 Lack of service on all defendants; procedure.

60-310. Lack of service on all defendants; procedure.
(a) Generally. In an action against two or more defendants, when one or more, but not all have been served, the plaintiff may proceed as follows:
(1) If the action is against defendants jointly indebted on a contract, the plaintiff may proceed against the defendants served, unless the court orders otherwise; and if the plaintiff recovers judgment, it may be entered against all the defendants jointly indebted and may be enforced only against the joint property of all defendants, and the separate property of the defendants served;
(2) if the action is against defendants severally liable, the plaintiff may, without prejudice to the plaintiff's rights against those not served, proceed against the defendants served in the same manner as if they were the only defendants.
(b) Action against defendant not served. Nothing in this section makes a judgment against one or more defendants jointly or severally liable a bar to another action against those not served.
History:
L. 1963, ch. 303, 60-310; L. 2010, ch. 135, § 155; L. 2011, ch. 48, § 15; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 3 - Process › 60-311 Where process may be served.

60-311.
Where process may be served.
All process issued in this state may be served anywhere in this state and, when authorized by law, may be served outside this state.
History:
L. 1963, ch. 303, 60-311; L. 1990, ch. 202, § 10; L. 2010, ch. 135, § 156; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 3 - Process › 60-312 Proof of service.

60-312. Proof of service.
Proof of service must be filed with the court and made as follows:
(a) Personal and residence service. (1) Every officer to whom summons or other process is delivered for service must make a statement subject to penalty of perjury as provided in K.S.A. 21-5903, and amendments thereto, as to the time, place and manner of service.
(2) If process is delivered to a person, other than an officer, for service, the person must make an affidavit or a declaration pursuant to K.S.A. 53-601, and amendments thereto, as to the time, place and manner of service.
(b) Service by return receipt delivery. Service by return receipt delivery must be proved in the manner provided by subsection (c) of K.S.A. 60-303, and amendments thereto.
(c) Publication service. Service by publication must be proved by an affidavit or a declaration pursuant to K.S.A. 53-601, and amendments thereto, showing the dates on which and the newspaper in which notice was published. A copy of the notice must be filed with the affidavit or declaration. When mailing of copies of the publication notice is required by subsection (e) of K.S.A. 60-307, and amendments thereto, the proof of mailing must be by affidavit or by declaration pursuant to K.S.A. 53-601, and amendments thereto, of the person who mailed the copies. If mailing was by certified mail, the return receipt must be filed with the affidavit or declaration.
(d) Time for return. An officer or other person receiving a summons or other process for service must file a return of service not later than 14 days after the service is effected. If the summons or other process cannot be served it must be returned to the court within 30 days after the date issued with a statement of the reason for the failure to serve it, except the court may extend the time for service up to 90 days after the date issued. Upon receipt of the return on any summons or other process, the clerk must serve a copy of the return on the attorney for the party requesting issuance of the summons or other process or, if the party has no attorney, on the requesting party.
History:
L. 1963, ch. 303, 60-312; L. 1969, ch. 283, § 1; L. 1970, ch. 235, § 2; amended by Supreme Court order dated July 28, 1976; L. 1986, ch. 215, § 17; L. 1990, ch. 202, § 11; L. 1998, ch. 100, § 1; L. 2000, ch. 175, § 5; L. 2010, ch. 135, § 157; L. 2011, ch. 30, § 214; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 3 - Process › 60-313 Process, return of proof of service; amendment.

60-313.
Process, return of proof of service; amendment.
The court may allow any process, return or proof of service to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.
History:
L. 1963, ch. 303, 60-313; L. 2010, ch. 135, § 158; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-401 Definitions.

60-401.
Definitions.
As used in this article unless the context otherwise requires:
(a) "Evidence" is the means from which inferences may be drawn as a basis of proof in duly constituted judicial or fact-finding tribunals, and includes testimony in the form of opinion, and hearsay.
(b) "Relevant evidence" means evidence having any tendency in reason to prove any material fact.
(c) "Proof" is all of the evidence before the trier of the fact relevant to a fact in issue which tends to prove the existence or non-existence of such fact.
(d) "Burden of proof" means the obligation of a party to meet the requirements of a rule of law that the fact be proven either by a preponderance of the evidence or by clear and convincing evidence or beyond a reasonable doubt, as the case may be. Burden of proof is synonymous with "burden of persuasion."
(e) "Burden of producing evidence" means the obligation of a party to introduce evidence when necessary to avoid the risk of a directed verdict or peremptory finding against him or her on a material issue of fact.
(f) "Conduct" includes all active and passive behavior, both verbal and nonverbal.
(g) "The hearing" unless some other is indicated by the context of the rule where the term is used, means the hearing at which the question under a rule is raised, and not some earlier or later hearing.
(h) "Finding of fact" means the determination from proof or judicial notice of the existence of a fact as a basis for a ruling on evidence. A ruling implies a supporting finding of fact.
(i) "Guardian" means guardian as defined by K.S.A. 77-201 (32nd) and also includes the person, committee, or other representative authorized by the law of any other jurisdiction to protect the person of any individual under disability imposed by law.
(j) "Judge" means member or members or representative or representatives of a court conducting a trial or hearing at which evidence is introduced.
(k) "Trier of fact" includes a jury, or a judge when he or she is trying an issue of fact other than one relating to the admissibility of evidence.
(l) "Verbal" includes both oral and written words.
(m) "Writing" means handwriting, typewriting, printing, photostating, photographing and every other means of recording upon any tangible thing any form or communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof.
(n) "Conservator" means conservator as defined by K.S.A. 77-201 (34th) and also includes the person, committee, or other representative authorized by the law of any other jurisdiction to protect the property or estate of any individual under disability imposed by law.
History:
L. 1963, ch. 303, 60-401; L. 1965, ch. 354, § 6; January 1, 1966.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-402 Scope of rules.

60-402.
Scope of rules.
Except to the extent to which they may be relaxed by other procedural rule or statute applicable to the specific situation, the rules set forth in this article shall apply in every proceeding, both criminal and civil, conducted by or under the supervision of a court, in which evidence is produced.
History:
L. 1963, ch. 303, 60-402; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-403 Exclusionary rules not to apply to undisputed matter.

60-403.
Exclusionary rules not to apply to undisputed matter.
If upon the hearing there is no bona fide dispute between the parties as to a material fact, such fact may be proved by any relevant evidence, and exclusionary rules shall not apply, subject, however, to K.S.A. 60-445 and any valid claim of privilege.
History:
L. 1963, ch. 303, 60-403; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-404 Effect of erroneous admission of evidence.

60-404.
Effect of erroneous admission of evidence.
A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous admission of evidence unless there appears of record objection to the evidence timely interposed and so stated as to make clear the specific ground of objection.
History:
L. 1963, ch. 303, 60-404; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-405 Effect of erroneous exclusion of evidence.

60-405.
Effect of erroneous exclusion of evidence.
A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous exclusion of evidence unless it appears of record that the proponent of the evidence either made known the substance of the evidence in a form and by a method approved by the judge, or indicated the substance of the expected evidence by questions indicating the desired answers.
History:
L. 1963, ch. 303, 60-405; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-406 Limited admissibility.

60-406.
Limited admissibility.
When relevant evidence is admissible as to one party or for one purpose and is inadmissible as to other parties or for another purpose, the judge upon request shall restrict the evidence to its proper scope and instruct the jury accordingly.
History:
L. 1963, ch. 303, 60-406; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-407 General abolition of disqualifications and privileges of witnesses, and of exclusionary rules.

60-407.
General abolition of disqualifications and privileges of witnesses, and of exclusionary rules.
Except as otherwise provided by statute (a) every person is qualified to be a witness, and (b) no person has a privilege to refuse to be a witness, and (c) no person is disqualified to testify to any matter, and (d) no person has a privilege to refuse to disclose any matter or to produce any object or writing, and (e) no person has a privilege that another shall not be a witness or shall not disclose any matter or shall not produce any object or writing, and (f) all relevant evidence is admissible.
History:
L. 1963, ch. 303, 60-407; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-408 Preliminary inquiry by judge.

60-408.
Preliminary inquiry by judge.
When the qualification of a person to be a witness, or the admissibility of evidence, or the existence of a privilege is stated in this article to be subject to a condition, and the fulfillment of the condition is in issue, the issue is to be determined by the judge, and he or she shall indicate to the parties which one has the burden of producing evidence and the burden of proof on such issue as implied by the section under which the question arises. The judge may hear and determine such matters out of the presence or hearing of the jury, except that on the admissibility of a confession of the accused in a criminal case, the judge, if requested, shall hear and determine the question out of the presence and hearing of the jury. But this section shall not be construed to limit the right of a party to introduce before the jury evidence relevant to weight or credibility.
History:
L. 1963, ch. 303, 60-408; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-409 Facts which must or may be judicially noticed.

60-409.
Facts which must or may be judicially noticed.
(a) Judicial notice shall be taken without request by a party, of the common law, constitutions and public statutes in force in every state, territory and jurisdiction of the United States, and of such specific facts and propositions of generalized knowledge as are so universally known that they cannot reasonably be the subject of dispute.
(b) Judicial notice may be taken without request by a party, of (1) private acts and resolutions of the Congress of the United States and of the legislature of this state, and duly enacted ordinances and duly published regulations of governmental subdivisions or agencies of this state, and (2) the laws of foreign countries and (3) such facts as are so generally known or of such common notoriety within the territorial jurisdiction of the court that they cannot reasonably be the subject of dispute, and (4) specific facts and propositions of generalized knowledge which are capable of immediate and accurate determination by resort to easily accessible sources of indisputable accuracy.
(c) Judicial notice shall be taken of each matter specified in subsection (b) of this section if a party requests it and (1) furnishes the judge sufficient information to enable him or her properly to comply with the request and (2) has given each adverse party such notice as the judge may require to enable the adverse party to prepare to meet the request.
History:
L. 1963, ch. 303, 60-409; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-410 Determination as to propriety of judicial notice and tenor of matter noticed.

60-410.
Determination as to propriety of judicial notice and tenor of matter noticed.
(a) The judge shall afford each party reasonable opportunity to present to him or her information relevant to the propriety of taking judicial notice of a matter or to the tenor of the matter to be noticed.
(b) In determining the propriety of taking judicial notice of a matter or the tenor thereof, (1) the judge may consult and use any source of pertinent information, whether or not furnished by a party; and (2) no exclusionary rule except a valid claim of privilege shall apply.
(c) If the information possessed by or readily available to the judge, whether or not furnished by the parties, fails to convince the judge that a matter falls clearly within K.S.A. 60-409, or if it is insufficient to enable him or her to notice the matter judicially, he or she shall decline to take judicial notice thereof.
(d) In any event the determination either by judicial notice or from evidence of the applicability and the tenor of any matter of common law, constitutional law, or of any statute, private act, resolution, ordinance or regulation falling within K.S.A. 60-409, shall be a matter for the judge and not for the jury.
History:
L. 1963, ch. 303, 60-410; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-411 Instructing the trier of fact as to matter judicially noticed.

60-411.
Instructing the trier of fact as to matter judicially noticed.
If a matter judicially noticed is other than the common law or constitution or public statutes of this state, the judge shall indicate for the record the matter which is judicially noticed and if the matter would otherwise have been for determination by a trier of fact other than the judge, he or she shall instruct the trier of the fact to accept as a fact the matter so noticed.
History:
L. 1963, ch. 303, 60-411; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-412 Judicial notice in proceedings subsequent to trial.

60-412.
Judicial notice in proceedings subsequent to trial.
(a) The failure or refusal of the judge to take judicial notice of a matter, or to instruct the trier of fact with respect to the matter, shall not preclude the judge from taking judicial notice of the matter in subsequent proceedings in the action.
(b) The rulings of the judge under K.S.A. 60-409, 60-410 and 60-411 are subject to review as are other rulings under the provisions of this article.
(c) The reviewing court in its discretion may take judicial notice of any matter specified in K.S.A. 60-409 whether or not judicially noticed by the judge.
(d) A judge or a reviewing court taking judicial notice under subsection (a) or (c) of this section of matter not theretofore so noticed in the action shall afford the parties reasonable opportunity to present information relevant to the propriety of taking such judicial notice and to the tenor of the matter to be noticed.
History:
L. 1963, ch. 303, 60-412; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-413 Definition.

60-413.
Definition.
A presumption is an assumption of fact resulting from a rule of law which requires such fact to be assumed from another fact or group of facts found or otherwise established in the action.
History:
L. 1963, ch. 303, 60-413; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-414 Effect of presumptions.

60-414.
Effect of presumptions.
Subject to K.S.A. 60-416, and except for presumptions which are conclusive or irrefutable under the rules of law from which they arise, (a) if the facts from which the presumption is derived have any probative value as evidence of the existence of the presumed fact, the presumption continues to exist and the burden of establishing the nonexistence of the presumed fact is upon the party against whom the presumption operates; (b) if the facts from which the presumption arises have no probative value as evidence of the presumed fact, the presumption does not exist when evidence is introduced which would support a finding of the nonexistence of the presumed fact, and the fact which would otherwise be presumed shall be determined from the evidence exactly as if no presumption was or had ever been involved.
History:
L. 1963, ch. 303, 60-414; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-415 Inconsistent presumptions.

60-415.
Inconsistent presumptions.
If two presumptions arise which are conflicting with each other the judge shall apply the presumption which is founded on the weightier consideration of policy and logic. If there is no such preponderance both presumptions shall be disregarded.
History:
L. 1963, ch. 303, 60-415; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-416 Burden of proof not relaxed as to some presumptions.

60-416.
Burden of proof not relaxed as to some presumptions.
A presumption, which by a rule of law may be overcome only by proof beyond a reasonable doubt, or by clear and convincing evidence, shall not be affected by K.S.A. 60-414 or 60-415 and the burden of proof to overcome it continues on the party against whom the presumption operates.
History:
L. 1963, ch. 303, 60-416; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-417 Disqualification of witness; interpreters.

60-417.
Disqualification of witness; interpreters.
A person is disqualified to be a witness if the judge finds that (a) the proposed witness is incapable of expressing himself or herself concerning the matter so as to be understood by the judge and jury either directly or through interpretation by one who can understand him or her, or (b) the proposed witness is incapable of understanding the duty of a witness to tell the truth. An interpreter is subject to all the provisions of this article relating to witnesses.
History:
L. 1963, ch. 303, 60-417; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-418 Oath.

60-418.
Oath.
Every witness before testifying shall be required to express his or her purpose to testify by the oath or affirmation required by law.
History:
L. 1963, ch. 303, 60-418; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-419 Prerequisites of knowledge and experience.

60-419.
Prerequisites of knowledge and experience.
As a prerequisite for the testimony of a witness on a relevant or material matter, there must be evidence that he or she has personal knowledge thereof, or experience, training or education if such be required. Such evidence may be by the testimony of the witness himself or herself. The judge may reject the testimony of a witness that the witness perceived a matter if the judge finds that no trier of fact could reasonably believe that the witness did perceive the matter. The judge may receive conditionally the testimony of the witness as to a relevant or material matter, subject to the evidence of knowledge, experience, training or education being later supplied in the course of the trial.
History:
L. 1963, ch. 303, 60-419; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-420 Evidence generally affecting credibility.

60-420.
Evidence generally affecting credibility.
Subject to K.S.A. 60-421 and 60-422, for the purpose of impairing or supporting the credibility of a witness, any party including the party calling the witness may examine the witness and introduce extrinsic evidence concerning any conduct by him or her and any other matter relevant upon the issues of credibility.
History:
L. 1963, ch. 303, 60-420; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-421 Limitations on evidence of conviction of crime as affecting credibility.

60-421.
Limitations on evidence of conviction of crime as affecting credibility.
Evidence of the conviction of a witness for a crime not involving dishonesty or false statement shall be inadmissible for the purpose of impairing his or her credibility. If the witness be the accused in a criminal proceeding, no evidence of his or her conviction of a crime shall be admissible for the sole purpose of impairing his or her credibility unless the witness has first introduced evidence admissible solely for the purpose of supporting his or her credibility.
History:
L. 1963, ch. 303, 60-421; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-422 Further limitations on admissibility of evidence affecting credibility.

60-422.
Further limitations on admissibility of evidence affecting credibility.
As affecting the credibility of a witness (a) in examining the witness as to a statement made by him or her in writing inconsistent with any part of his or her testimony it shall not be necessary to show or read to the witness any part of the writing provided that if the judge deems it feasible the time and place of the writing and the name of the person addressed, if any, shall be indicated to the witness; (b) extrinsic evidence of prior contradictory statements, whether oral or written, made by the witness, may in the discretion of the judge be excluded unless the witness was so examined while testifying as to give him or her an opportunity to identify, explain or deny the statement; (c) evidence of traits of his or her character other than honesty or veracity or their opposites, shall be inadmissible; (d) evidence of specific instances of his or her conduct relevant only as tending to prove a trait of his or her character, shall be inadmissible.
History:
L. 1963, ch. 303, 60-422; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-423 Privilege of accused.

60-423.
Privilege of accused.
(a) Every person has in any criminal action in which he or she is an accused a privilege not to be called as a witness and not to testify.
(b) An accused in a criminal action has a privilege to prevent his or her spouse from testifying in such action with respect to any confidential communication had or made between them while they were husband and wife, excepting only (1) in an action in which the accused is charged with (i) a crime involving the marriage relation, or (ii) a crime against the person or property of the other spouse or the child of either spouse, or (iii) a desertion of the other spouse or a child of either spouse, or (2) as to the communication, in an action in which the accused offers evidence of a communication between himself or herself and his or her spouse.
(c) An accused in a criminal action has no privilege to refuse, when ordered by the judge, to present his or her person for identification or do any act in the presence of the judge or the trier of the facts, except to refuse to be a witness against himself or herself.
History:
L. 1963, ch. 303, 60-423; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-424 Definition of incrimination.

60-424.
Definition of incrimination.
A matter will incriminate a person within the meaning of this article if it constitutes, or forms an essential part of, or, taken in connection with other matters disclosed, is a basis for a reasonable inference of such a violation of the laws of this state as to subject the person to liability to punishment therefor, unless he or she has become for any reason permanently immune from punishment for such violation.
History:
L. 1963, ch. 303, 60-424; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-425 Self-incrimination.

60-425.
Self-incrimination.
Subject to K.S.A. 60-423 and 60-437, every natural person has a privilege, which he or she may claim, to refuse to disclose in an action or to a public official of this state or the United States or any other state or any governmental agency or division thereof any matter that will incriminate such person.
History:
L. 1963, ch. 303, 60-425; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-426a Attorney-client privilege and work product; limitations on waiver.

60-426a. Attorney-client privilege and work product; limitations on waiver.
The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the attorney-client privilege or work-product protection.
(a) Disclosure made in a court or agency proceeding; scope of waiver. When the disclosure is made in a court or agency proceeding and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in any proceeding only if:
(1) The waiver is intentional;
(2) the disclosed and undisclosed communications or information concern the same subject matter; and
(3) they ought in fairness be considered together.
(b) Inadvertent disclosure. When made in a court or agency proceeding, the disclosure does not operate as a waiver in any proceeding if:
(1) The disclosure is inadvertent;
(2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and
(3) the holder promptly took reasonable steps to rectify the error, including, if applicable, following subsection (b)(7)(B) of K.S.A. 60-226, and amendments thereto.
(c) Disclosure made in a non-Kansas proceeding. When the disclosure is made in a non-Kansas proceeding and is not the subject of a court order concerning waiver, the disclosure does not operate as a waiver in a Kansas proceeding if the disclosure:
(1) Would not be a waiver under this section if it had been made in a Kansas proceeding; or
(2) is not a waiver under the law of the jurisdiction where the disclosure occurred.
(d) Controlling effect of a court order. A court may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court, in which event the disclosure is also not a waiver in any other proceeding.
(e) Controlling effect of a party agreement. An agreement on the effect of disclosure in a proceeding is binding only on the parties to the agreement, unless it is incorporated into a court order.
(f) Definitions. As used in this section:
(1) "Attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications.
(2) "Work-product protection" means the protection that applicable law provides for tangible material, or its intangible equivalent, prepared in anticipation of litigation or for trial.
History:
L. 2011, ch. 96, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-428 Marital privilege, confidential communications.

60-428.
Marital privilege, confidential communications.
(a) General rule. Subject to K.S.A. 60-437 and except as otherwise provided in subsections (b) and (c) of this section, a spouse who transmitted to the other the information which constitutes the communication, has a privilege during the marital relationship which he or she may claim whether or not a party to the action, to refuse to disclose and to prevent the other from disclosing communications found by the judge to have been had or made in confidence between them while husband and wife. The other spouse or either his or her guardian or conservator may claim the privilege on behalf of the spouse having the privilege.
(b) Exceptions. Neither spouse may claim such privilege (1) in an action by one spouse against the other spouse, or (2) in an action for damages for the alienation of the affections of the other, or for criminal conversation with the other, or (3) in a criminal action in which one of them is charged with a crime against the person or property of the other or of a child of either, or a crime against the person or property of a third person committed in the course of committing a crime against the other, or bigamy or adultery, or desertion of the other or of a child of either, or (4) in a criminal action in which the accused offers evidence of a communication between him or her and his or her spouse, or (5) if the judge finds that sufficient evidence, aside from the communication, has been introduced to warrant a finding that the communication was made, in whole or in part, to enable or aid anyone to commit or to plan to commit a crime or a tort.
(c) Termination. A spouse who would otherwise have a privilege under this section has no such privilege if the judge finds that such spouse while the holder of the privilege testified or caused another to testify in any action to any communication between the spouses upon the same subject matter.
History:
L. 1963, ch. 303, 60-428; L. 1965, ch. 354, § 9; January 1, 1966.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-429 Penitential communication privilege.

60-429.
Penitential communication privilege.
(a) Definitions. As used in this section, (1) the term "duly ordained minister of religion" means a person who has been ordained, in accordance with the ceremonial ritual, or discipline of a church, religious sect, or organization established on the basis of a community of faith and belief, doctrines and practices of a religious character, to preach and to teach the doctrines of such church, sect, or organization and to administer the rites and ceremonies thereof in public worship, and who as his or her regular and customary vocation preaches and teaches the principles of religion and administers the ordinances of public worship as embodied in the creed or principles of such church, sect, or organization; (2) the term "regular minister of religion" means one who as his or her customary vocation preaches and teaches the principles of religion of a church, a religious sect, or organization of which he or she is a member, without having been formally ordained as a minister of religion, and who is recognized by such church, sect, or organization as a regular minister; (3) the term "regular or duly ordained minister of religion" does not include a person who irregularly or incidentally preaches and teaches the principles of religion of a church, religious sect, or organization and does not include any person who may have been duly ordained a minister in accordance with the ceremonial, rite, or discipline of a church, religious sect or organization, but who does not regularly, as a vocation, teach and preach the principles of religion and administer the ordinances of public worship as embodied in the creed or principles of his or her church, sect, or organization; (4) "penitent" means a person who recognizes the existence and the authority of God and who seeks or receives from a regular or duly ordained minister of religion advice or assistance in determining or discharging his or her moral obligations, or in obtaining God's mercy or forgiveness for past culpable conduct; (5) "penitential communication" means any communication between a penitent and a regular or duly ordained minister of religion which the penitent intends shall be kept secret and confidential and which pertains to advice or assistance in determining or discharging the penitent's moral obligations, or to obtaining God's mercy or forgiveness for past culpable conduct.
(b) Privilege. A person, whether or not a party, has a privilege to refuse to disclose, and to prevent a witness from disclosing a communication if he or she claims the privilege and the judge finds that (1) the communication was a penitential communication and (2) the witness is the penitent or the minister, and (3) the claimant is the penitent, or the minister making the claim on behalf of an absent penitent.
History:
L. 1963, ch. 303, 60-429; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-430 Religious belief.

60-430.
Religious belief.
Every person has a privilege to refuse to disclose his or her theological opinion or religious belief unless his or her adherence or nonadherence to such an opinion or belief is material to an issue in the action other than that of his or her credibility as a witness.
History:
L. 1963, ch. 303, 60-430; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-431 Political vote.

60-431.
Political vote.
Every person has a privilege to refuse to disclose the tenor of his or her vote at a political election unless the judge finds that the vote was cast illegally.
History:
L. 1963, ch. 303, 60-431; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-432 Trade secret.

60-432.
Trade secret.
The owner of a trade secret has a privilege, which may be claimed by the owner or his or her agent or employee, to refuse to disclose the secret and to prevent other persons from disclosing it if the judge finds that the allowance of the privilege will not tend to conceal fraud or otherwise work injustice.
History:
L. 1963, ch. 303, 60-432; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-433 Secret of state.

60-433.
Secret of state.
(a) As used in this section, "secret of state" means information not open or theretofore officially disclosed to the public involving the public security or concerning the military or naval organization or plans of the United States, or a state or territory, or concerning international relations.
(b) A witness has a privilege to refuse to disclose a matter on the ground that it is a secret of state, and evidence of the matter is inadmissible, (1) if the judge finds that the matter is a secret of state, or (2) unless the chief officer of the department of government administering the subject matter which the secret concerns has consented that it be disclosed in the action.
History:
L. 1963, ch. 303, 60-433; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-434 Official information.

60-434.
Official information.
(a) As used in this section, "official information" means information not open or theretofore officially disclosed to the public relating to internal security of this state or of the United States acquired by a public official of this state or the United States in the course of his or her duty, or transmitted from one such official to another in the course of duty.
(b) A witness has the privilege to refuse to disclose a matter on the ground that it is official information, and evidence of the matter is inadmissible, if the judge finds that the matter is official information, and (1) disclosure is forbidden by an act of the congress of the United States or a statute of this state, or (2) disclosure of the information in the action will be harmful to the security of the government of which the witness is an officer in a governmental capacity.
History:
L. 1963, ch. 303, 60-434; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-435 Communication to grand jury.

60-435.
Communication to grand jury.
A witness has a privilege to refuse to disclose a communication made to a grand jury by a complainant or witness, and evidence thereof is inadmissible, unless the judge finds (a) the matter which the communication concerned was not within the function of the grand jury to investigate, or (b) the grand jury has finished its investigation, if any, of the matter, and its finding, if any, has lawfully been made public by filing it in court or otherwise, or (c) disclosure should be made in the interests of justice.
History:
L. 1963, ch. 303, 60-435; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-436 Identity of informer.

60-436.
Identity of informer.
A witness has a privilege to refuse to disclose the identity of a person who has furnished information purporting to disclose a violation of a provision of the laws of this state or of the United States to a representative of the state or the United States or a governmental division thereof, charged with the duty of enforcing that provision, or to a member of a crime stoppers chapter recognized by the Kansas state crime stoppers organization, and evidence thereof is inadmissible, unless the judge finds that: (a) the identity of the person furnishing the information has already been otherwise disclosed; or (b) disclosure of such person's identity is essential to assure a fair determination of the issues. The privilege extends to documenting records as well as testimony.
History:
L. 1963, ch. 303, 60-436; L. 1994, ch. 326, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-437 Waiver of privilege by contract or previous disclosure.

60-437.
Waiver of privilege by contract or previous disclosure.
A person who would otherwise have a privilege to refuse to disclose or to prevent another from disclosing a specified matter has no such privilege with respect to that matter if the judge finds that such person or any other person while the holder of the privilege has (a) contracted with a party against whom the privilege is claimed that he or she would not claim the privilege or, (b) without coercion, or without any trickery, deception, or fraud practiced against him or her, and with knowledge of the privilege, made disclosure of any part of the matter or consented to such a disclosure made by anyone.
History:
L. 1963, ch. 303, 60-437; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-438 Admissibility of disclosure wrongfully compelled.

60-438.
Admissibility of disclosure wrongfully compelled.
Evidence of a statement or other disclosure is inadmissible against the holder of the privilege if the judge finds that he or she had and claimed a privilege to refuse to make the disclosure but was nevertheless required to make it.
History:
L. 1963, ch. 303, 60-438; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-439 Reference to exercise of privilege; presumption and adverse inference not permitted.

60-439.
Reference to exercise of privilege; presumption and adverse inference not permitted.
If a privilege is exercised not to testify or to prevent another from testifying, either in the action or with respect to particular matters, or to refuse to disclose or to prevent another from disclosing any matter, the judge and counsel may not comment thereon, no presumption shall arise with respect to the exercise of the privilege, and the trier of fact may not draw any adverse inference therefrom. In those jury cases wherein the right to exercise a privilege, as herein provided, may be misunderstood and unfavorable inferences drawn by the trier of the fact, or may be impaired in the particular case, the court, at the request of the party exercising the privilege, may instruct the jury in support of such privilege.
History:
L. 1963, ch. 303, 60-439; L. 1967, ch. 323, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-440 Effect of error in overruling claim of privilege.

60-440.
Effect of error in overruling claim of privilege.
A party may predicate error on a ruling disallowing a claim of privilege only if such party is the holder of the privilege.
History:
L. 1963, ch. 303, 60-440; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-441 Evidence to test a verdict or indictment.

60-441.
Evidence to test a verdict or indictment.
Upon an inquiry as to the validity of a verdict or an indictment no evidence shall be received to show the effect of any statement, conduct, event or condition upon the mind of a juror as influencing him or her to assent to or dissent from the verdict or indictment or concerning the mental processes by which it was determined.
History:
L. 1963, ch. 303, 60-441; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-442 Testimony by the judge.

60-442.
Testimony by the judge.
Against the objection of a party, the judge presiding at the trial may not testify in that trial as a witness.
History:
L. 1963, ch. 303, 60-442; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-443 Testimony by a juror.

60-443.
Testimony by a juror.
A member of a jury sworn and empanelled in the trial of an action, may not testify in that trial as a witness.
History:
L. 1963, ch. 303, 60-443; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-444 Testimony of jurors not limited except by this article.

60-444.
Testimony of jurors not limited except by this article.
This article shall not be construed to (a) exempt a juror from testifying as a witness to conditions or occurrences either within or outside of the jury room having a material bearing on the validity of the verdict or the indictment, except as expressly limited by K.S.A. 60-441; (b) exempt a grand juror from testifying to testimony or statements of a person appearing before the grand jury, where such testimony or statements are the subject of lawful inquiry in the action in which the juror is called to testify.
History:
L. 1963, ch. 303, 60-444; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 4 - Rules Of Evidence › 60-445 Discretion of judge to exclude admissible evidence.

60-445.
Discretion of judge to exclude admissible evidence.
Except as in this article otherwise provided, the judge may in his or her discretion exclude evidence if he or she finds that its probative value is substantially outweighed by the risk that its admission will unfairly and harmfully surprise a party who has not had reasonable opportunity to anticipate that such evidence would be offered.
History:
L. 1963, ch. 303, 60-445; January 1, 1964.