60-459 Definitions.
60-459. Definitions. As used in K.S.A. 60-460, its exceptions and in this section: (a) “Statement” means not only an oral or written expression but also nonverbal conduct of a person intended by him or her as a substitute for words in expressing the matter stated. (b) “Declarant” is a person who makes a statement. (c) […]
60-481 Journalist privilege.
60-481. Journalist privilege. Except as provided in K.S.A. 2021 Supp. 60-482, and amendments thereto, a journalist cannot be adjudged in contempt by a judicial, legislative, administrative body or any other body having the power to issue subpoenas, for refusing to disclose, in any state or local proceeding, any information or the source of any such […]
60-460 Hearsay evidence excluded; exceptions.
60-460. Hearsay evidence excluded; exceptions. Evidence of a statement which is made other than by a witness while testifying at the hearing, offered to prove the truth of the matter stated, is hearsay evidence and inadmissible except: (a) Previous statements of persons present. A statement previously made by a person who is present at the […]
60-482 Same; compelled disclosure.
60-482. Same; compelled disclosure. (a) A journalist may not be compelled to disclose any previously undisclosed information or the source of any such information procured while acting as a journalist until the party seeking to compel the disclosure establishes by a preponderance of the evidence in district court that the disclosure sought: (1) Is material […]
60-461 Discretion of judge under exception to exclude evidence.
60-461. Discretion of judge under exception to exclude evidence. Any writing admissible under exceptions (o), (p), (q) and (ee) of K.S.A. 60-460, and amendments thereto, shall be received only if the party offering such writing has delivered a copy of it or so much as may relate to the controversy, to each adverse party a […]
60-483 Same; hearing; disclosure.
60-483. Same; hearing; disclosure. The party claiming the privilege and the party seeking to compel disclosure shall be entitled to a hearing. After such hearing, the court may conduct an in camera inspection to determine if such disclosure is admissible. If the court then specifically finds that such disclosure is admissible and that its probative […]
60-462 Credibility of declarant.
60-462. Credibility of declarant. Evidence of a statement or other conduct by a declarant inconsistent with a statement received in evidence under an exception to K.S.A. 60-460, is admissible for the purpose of discrediting the declarant, though he or she had no opportunity to deny or explain such inconsistent statement. Any other evidence tending to […]
60-484 Same; costs and attorney fees.
60-484. Same; costs and attorney fees. If the court finds that the party seeking to compel disclosure had no reasonable basis to request such disclosure, the court may assess costs and attorney fees against the party seeking to compel disclosure. If the court finds that the party claiming the privilege had no reasonable basis to […]
60-463 Multiple hearsay.
60-463. Multiple hearsay. A statement within the scope of an exception to K.S.A. 60-460 shall not be inadmissible on the ground that it includes a statement made by another declarant and is offered to prove the truth of the included statement if such included statement itself meets the requirements of an exception. History: L. 1963, […]
60-464 Authentication or identification of evidence; examples.
60-464. Authentication or identification of evidence; examples. (a) In general. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is. (b) Examples. The following are examples only, not a complete list, of evidence […]