60-467. Original document required as evidence; exceptions. (a) An original writing, recording or photograph is required in order to prove its content unless these rules or a statute provide otherwise.
(b) A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original's authenticity or the circumstances make it unfair to admit the duplicate.
(c) If a writing is a telefacsimile communication and is used by the proponent or opponent as the writing itself, such telefacsimile communication shall be considered as an original.
(d) An original is not required and other evidence of the content of a writing, recording or photograph is admissible if:
(1) The writing, recording or photograph is lost or has been destroyed without fraudulent intent on the part of the proponent;
(2) the writing, recording or photograph is outside the reach of the court's process and not procurable by the proponent;
(3) the opponent, at a time when the writing, recording or photograph was under the opponent's control, has been notified, expressly or by implication from the pleadings, that it would be needed at the hearing, and on request at the hearing has failed to produce it;
(4) the writing, recording or photograph is not closely related to the controlling issues and it would be inexpedient to require its production;
(5) the writing is an official record, or is a writing affecting property authorized to be recorded and actually recorded in the public records as described in K.S.A. 60-460(s), and amendments thereto; or
(6) calculations or summaries of content are called for as a result of an examination by a qualified witness of multiple or voluminous writings, and such writings cannot be conveniently examined in court, but the adverse party shall have had a reasonable opportunity to examine such records before trial, and such writings are present in court for use in cross-examination, or the adverse party has waived their production, or the judge finds that their production is unnecessary.
(e) The proponent may prove the content of a writing, recording or photograph by the testimony, deposition or written statement of the party against whom the evidence is offered. The proponent need not account for the original.
(f) Ordinarily, the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing, recording or photograph under subsection (d). But in a jury trial, the jury determines any issue about whether:
(1) An asserted writing, recording or photograph ever existed;
(2) another one produced at the trial or hearing is the original; or
(3) other evidence of content accurately reflects the content.
(g) If the procedure specified by K.S.A. 60-245a(b), and amendments thereto, for providing business records has been complied with and no party has required the personal attendance of a custodian of the records or the production of the original records, the copy of the records produced shall not be excluded under subsection (a).
(h) The following definitions apply to this section:
(1) "Telefacsimile communication" means the use of electronic equipment to send or transfer a copy of an original document via telephone lines.
(2) "Photograph" means a photographic image or its equivalent stored in any form.
(3) "Original" of a writing or recording means the writing or recording itself or any counterpart intended to have the same effect by the person who executed or issued it. For electronically stored information, "original" means any printout, or other output readable by sight, if it accurately reflects the information. An "original" of a photograph includes the negative or a print from it.
(4) "Duplicate" means a counterpart produced by a mechanical, photographic, chemical, electronic or other equivalent process or technique that accurately reproduces the original.
History: L. 1963, ch. 303, 60-467; L. 1985, ch. 196, § 4; L. 1989, ch. 177, § 1; L. 2021, ch. 65, § 4; July 1.
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.