K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-3413 (2026)

Juror's knowledge of material fact

✓ current as of May 2026
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22-3413. Juror's knowledge of material fact. If a juror has personal knowledge of any fact material to the case, he must inform the court and shall not speak of such fact to other jurors out of court. If a juror has personal knowledge of a fact material to the case, gained from sources other than evidence presented at trial and shall speak of such fact to other jurors without the knowledge of the court or the defendant, he may be adjudged in contempt and punished accordingly.

History: L. 1970, ch. 129, § 22-3413; July 1.

Notes of Decisions
Cited in 11 cases, 1992–2020 · leading case: State v. Waller, 328 P.3d 1111 (Kan. 2014).
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State v. Waller, 328 P.3d 1111 (Kan. 2014). · cites it 3× “It provides, in part, that no party may assign as error a district court’s giving or failure to give a particular jury instruction, including a lesser included offense instruction, unless the giving or failure to give the instruction is clearly erroneous.”
State v. Potts, 374 P.3d 639 (Kan. 2016). “It provides, in part, that no party may assign as error a district court’s giving or failure to give a particular jury instruction, including a lesser included crime instruction, unless the giving or failure to give the instruction is clearly erroneous.”
Saucedo v. Winger, 850 P.2d 908 (Kan. 1993). · cites it 2× “On appeal, the Arney court noted it was not disputed that such conduct on the part of the juror was wrongful and in violation of K.S.A. 22-3413, thereby subjecting the errant juror to the possibility of contempt proceedings.”
State v. Martinez, 236 P.3d 481 (Kan. 2010). “The Jury Instruction for Attempted Rape Having determined there was sufficient evidence to establish the elements of intent to commit rape and the failure to complete the rape, we necessarily dispose of defendant's related argument that the district court erred by giving the…”
State v. Phillips, 287 P.3d 245 (Kan. 2012). “The burden to show clear error under K.S.A. 22-3413(3) remains on defendant. Williams, 295 Kan.”
State v. Cheffen, 303 P.3d 1261 (Kan. 2013). “It provides, in part, that no party may assign as error a district court’s failure to give a particular jury instruction, including a lesser included crime instruction, unless tire failure to give that instruction is clearly erroneous.”
State v. Turley, 840 P.2d 529 (Kan. Ct. App. 1992). · cites it 2× “Turley argues that Ford knew him and Rummel was a material fact under K.S.A. 22-3413, cast a doubt on whether Ford could act impartially, and under K.”
State v. Brammer, 343 P.3d 75 (Kan. 2015). “See K.S.A. 22-3413(3). To reverse for clear error, the court must be firmly convinced the jury would have reached a different verdict had the instruction error not occurred.”
State v. Potts (Kan. 2016). “It provides, in part, that no party may assign as error a 18 district court's giving or failure to give a particular jury instruction, including a lesser included crime instruction, unless the giving or failure to give the instruction is clearly erroneous.”
State v. Martinez (Kan. Ct. App. 2020). “Under K.S.A. 2019 Supp. 22-3413(a), the clearly erroneous standard is a basis for determining whether an error requires reversal.”
State v. Davison, 199 P.3d 1278 (Kan. Ct. App. 2009). “Alternatively, the State argues that even if it was an incorrect statement of the law, it was not clearly erroneous and does not warrant a reversal.”
— K.S.A. § 22-3413(3) — 8 cases
State v. Waller, 328 P.3d 1111 (Kan. 2014). “It provides, in part, that no party may assign as error a district court’s giving or failure to give a particular jury instruction, including a lesser included offense instruction, unless the giving or failure to give the instruction is clearly erroneous.”
State v. Potts, 374 P.3d 639 (Kan. 2016). “It provides, in part, that no party may assign as error a district court’s giving or failure to give a particular jury instruction, including a lesser included crime instruction, unless the giving or failure to give the instruction is clearly erroneous.”
State v. Martinez, 236 P.3d 481 (Kan. 2010). “The Jury Instruction for Attempted Rape Having determined there was sufficient evidence to establish the elements of intent to commit rape and the failure to complete the rape, we necessarily dispose of defendant's related argument that the district court erred by giving the…”
State v. Phillips, 287 P.3d 245 (Kan. 2012). “The burden to show clear error under K.S.A. 22-3413(3) remains on defendant. Williams, 295 Kan.”
State v. Cheffen, 303 P.3d 1261 (Kan. 2013). “It provides, in part, that no party may assign as error a district court’s failure to give a particular jury instruction, including a lesser included crime instruction, unless tire failure to give that instruction is clearly erroneous.”
— K.S.A. § 22-3413(a) — 1 case
State v. Martinez (Kan. Ct. App. 2020). “Under K.S.A. 2019 Supp. 22-3413(a), the clearly erroneous standard is a basis for determining whether an error requires reversal.”
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