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

K.S.A. § 22-3802 (2026)

When costs taxed to complaining witness

✓ current as of May 2026
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22-3802. When costs taxed to complaining witness. If it appears to the court that the prosecution was instituted without probable cause and from malicious motives, the court may require the complaining witness or other person instituting the prosecution to appear and answer concerning his motives for instituting the prosecution. If, upon hearing, the court determines that the prosecution was instituted without probable cause and from malicious motives all costs in the case shall be taxed against the complaining witness or other person initiating the prosecution.

History: L. 1970, ch. 129, § 22-3802; July 1.

Notes of Decisions
Cited in 1 case, 1984–1984 · leading case: State Ex Rel. Rome v. Fountain, 678 P.2d 146 (Kan. 1984).
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State Ex Rel. Rome v. Fountain, 678 P.2d 146 (Kan. 1984). “In passing, we note K.S.A. 22-3802, which permits the district court to tax all costs of the prosecution against the complaining witness if, upon hearing, the court *949 determines that the prosecution was instituted without probable cause and from malicious motives.”
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