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) "Perceive" means acquire knowledge through one's own senses.
(d) "Public official" of a state or territory of the United States includes an official of a political subdivision of such state or territory and of a municipality.
(e) "State" includes the District of Columbia.
(f) "A business" as used in exception K.S.A. 60-460 (m) shall include every kind of business, profession, occupation, calling or operation of institutions, whether carried on for profit or not.
(g) "Unavailable as a witness" includes situations where the witness is (1) exempted on the ground of privilege from testifying concerning the matter to which his or her statement is relevant, or (2) disqualified from testifying to the matter, or (3) unable to be present or to testify at the hearing because of death or then existing physical or mental illness, or (4) absent beyond the jurisdiction of the court to compel appearance by its process, or (5) absent from the place of hearing because the proponent of his or her statement does not know and with diligence has been unable to ascertain his or her whereabouts.
But a witness is not unavailable (1) if the judge finds that his or her exemption, disqualification, inability or absence is due to procurement or wrongdoing of the proponent of his or her statement for the purpose of preventing the witness from attending or testifying, or to the culpable neglect of such party, or (2) if unavailability is claimed under clause (4) of the preceding paragraph and the judge finds that the deposition of the declarant could have been taken by the exercise of reasonable diligence and without undue hardship, and that the probable importance of the testimony is such as to justify the expense of taking such deposition.
History: L. 1963, ch. 303, 60-459; Jan. 1, 1964.
Structure Kansas Statutes
60-403 Exclusionary rules not to apply to undisputed matter.
60-404 Effect of erroneous admission of evidence.
60-405 Effect of erroneous exclusion of evidence.
60-408 Preliminary inquiry by judge.
60-409 Facts which must or may be judicially noticed.
60-410 Determination as to propriety of judicial notice and tenor of matter noticed.
60-411 Instructing the trier of fact as to matter judicially noticed.
60-412 Judicial notice in proceedings subsequent to trial.
60-414 Effect of presumptions.
60-415 Inconsistent presumptions.
60-416 Burden of proof not relaxed as to some presumptions.
60-417 Disqualification of witness; interpreters.
60-419 Prerequisites of knowledge and experience.
60-420 Evidence generally affecting credibility.
60-421 Limitations on evidence of conviction of crime as affecting credibility.
60-422 Further limitations on admissibility of evidence affecting credibility.
60-424 Definition of incrimination.
60-426 Attorney-client privilege.
60-426a Attorney-client privilege and work product; limitations on waiver.
60-427 Physician-patient privilege.
60-428 Marital privilege, confidential communications.
60-429 Penitential communication privilege.
60-435 Communication to grand jury.
60-437 Waiver of privilege by contract or previous disclosure.
60-438 Admissibility of disclosure wrongfully compelled.
60-439 Reference to exercise of privilege; presumption and adverse inference not permitted.
60-440 Effect of error in overruling claim of privilege.
60-441 Evidence to test a verdict or indictment.
60-442 Testimony by the judge.
60-444 Testimony of jurors not limited except by this article.
60-445 Discretion of judge to exclude admissible evidence.
60-446 Character — manner of proof.
60-447 Character trait as proof of conduct.
60-448 Character trait for care or skill.
60-449 Habit or custom to prove specific behavior.
60-450 Opinion and specific instances of behavior to prove habit or custom.
60-451 Subsequent remedial conduct.
60-452 Offer to compromise and the like, not evidence of liability.
60-452a Dispute resolution; confidentiality.
60-453 Offer to discount claim, not evidence of invalidity.
60-455 Other crimes or civil wrongs.
60-456 Testimony in form of opinion or inferences.
60-457 Preliminary examination for non-expert witness; pre-trial hearing for expert witness.
60-458 Expert opinion or inference; facts or data relied upon, admissibility.
60-460 Hearsay evidence excluded; exceptions.
60-461 Discretion of judge under exception to exclude evidence.
60-462 Credibility of declarant.
60-464 Authentication or identification of evidence; examples.
60-465 Authentication of public documents; self-authenticating evidence.
60-466 Certificate of lack of record.
60-467 Original document required as evidence; exceptions.
60-468 Proof of attested writings.
60-469 Proving content of business and public records.
60-472 Photographs of property wrongfully taken.
60-480 Journalist privilege; definitions.
60-482 Same; compelled disclosure.
60-483 Same; hearing; disclosure.