Kansas Statutes Annotated

K.S.A. § 60-401 (2026)

Definitions

✓ current as of May 2026

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60-401. Definitions. As used in this article unless the context otherwise requires:

(a) "Evidence" is the means from which inferences may be drawn as a basis of proof in duly constituted judicial or fact-finding tribunals, and includes testimony in the form of opinion, and hearsay.

(b) "Relevant evidence" means evidence having any tendency in reason to prove any material fact.

(c) "Proof" is all of the evidence before the trier of the fact relevant to a fact in issue which tends to prove the existence or non-existence of such fact.

(d) "Burden of proof" means the obligation of a party to meet the requirements of a rule of law that the fact be proven either by a preponderance of the evidence or by clear and convincing evidence or beyond a reasonable doubt, as the case may be. Burden of proof is synonymous with "burden of persuasion."

(e) "Burden of producing evidence" means the obligation of a party to introduce evidence when necessary to avoid the risk of a directed verdict or peremptory finding against him or her on a material issue of fact.

(f) "Conduct" includes all active and passive behavior, both verbal and nonverbal.

(g) "The hearing" unless some other is indicated by the context of the rule where the term is used, means the hearing at which the question under a rule is raised, and not some earlier or later hearing.

(h) "Finding of fact" means the determination from proof or judicial notice of the existence of a fact as a basis for a ruling on evidence. A ruling implies a supporting finding of fact.

(i) "Guardian" means guardian as defined by K.S.A. 77-201 (32nd) and also includes the person, committee, or other representative authorized by the law of any other jurisdiction to protect the person of any individual under disability imposed by law.

(j) "Judge" means member or members or representative or representatives of a court conducting a trial or hearing at which evidence is introduced.

(k) "Trier of fact" includes a jury, or a judge when he or she is trying an issue of fact other than one relating to the admissibility of evidence.

(l) "Verbal" includes both oral and written words.

(m) "Writing" means handwriting, typewriting, printing, photostating, photographing and every other means of recording upon any tangible thing any form or communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof.

(n) "Conservator" means conservator as defined by K.S.A. 77-201 (34th) and also includes the person, committee, or other representative authorized by the law of any other jurisdiction to protect the property or estate of any individual under disability imposed by law.

History: L. 1963, ch. 303, 60-401; L. 1965, ch. 354, § 6; January 1, 1966.

Notes of Decisions

Cited in 362 cases (47 in the last 5 years), 1926–2026 · leading case: State v. Reid, 186 P.3d 713 (Kan. 2008).

Sort: Relevance Newest Treatment

State v. Reid, 186 P.3d 713 (Kan. 2008). · cites it 10× “K.S.A. 60-401(b). To establish relevance, there must be some material or logical connection between the asserted facts and the inference or result they are intended to establish.”

State v. Gunby, 144 P.3d 647 (Kan. 2006). · cites it 4× “Generally, when considering a challenge to a district judge's admission of evidence, an appellate court must first consider relevance. Unless prohibited by statute, constitutional provision, or court decision, all relevant evidence is admissible.”

State v. Robinson, 363 P.3d 875 (Kan. 2015). · cites it 6× “' K.S.A. 60-401(b). Accordingly, relevant evidence must be both probative and material.”

State v. Miller, 163 P.3d 267 (Kan. 2007). · cites it 6× “" "`Relevant *278 evidence'" is defined by K.S.A. 60-401(b) as "evidence having any tendency in reason to prove any material fact.”

State v. Carr, 331 P.3d 544 (Kan. 2014). · cites it 4× “’ K.S.A. 60-401(b). To establish relevance, there must be some material or logical connection between the asserted facts and the inference or result they are designed to establish.”

State v. Marsh, 102 P.3d 445 (Kan. 2004). · cites it 4× “" K.S.A. 60-401(b). To establish relevance, there must be some material or logical connection between the asserted facts and the inference or result they are designed to establish.”

State v. Miller, 427 P.3d 907 (Kan. 2018). · cites it 2× “3d 391 (2015) (quoting K.S.A. 60-401[b]); see State v. Lowrance, 298 Kan.”

State v. Ballou, 448 P.3d 479 (Kan. 2019). · cites it 2× “See K.S.A. 60-401. Typically, every person is qualified to be a witness and provide testimony about relevant matters within their personal knowledge.”

City of New York Ins. v. Tice, 152 P.2d 836 (Kan. 1944). · cites it 12× “Why, then, under section 60-401, supra, should not the insurance company bring the action as the “real party in interest”? Appellee answers that an action in its own name by the insurance company involves assignment of a right of action in tort, and that such assignment cannot…”

– State v. Jenkins –, 455 P.3d 779 (Kan. 2020). · cites it 4× “The burden of authentication is minimal or slight, and there is no precise formula for district judges to determine authenticity.”

State v. Longoria, 343 P.3d 1128 (Kan. 2015). · cites it 4× “Thus, Longoria presents a two-prong attack, arguing the trial court erred in ruling that (1) the photograph was relevant and (2) its probative value outweighed its prejudicial nature.”

State v. Scheetz, 541 P.3d 79 (Kan. 2024). · cites it 4× “Nevertheless, given our standard of review and the low threshold suggested by the 'any tendency' standard for relevance found in K.S.A. 60-401[b], we conclude that the district court did not err in finding that evidence of the wire warning was relevant.”

Show all 362 citing cases →

— K.S.A. § 60-401(a) — 10 cases

State v. Meggerson, 474 P.3d 761 (Kan. 2020).

State v. Ballou, 448 P.3d 479 (Kan. 2019). “See K.S.A. 60-401. Typically, every person is qualified to be a witness and provide testimony about relevant matters within their personal knowledge.”

State v. Clark, 931 P.2d 664 (Kan. 1997).

State v. Kleypas, 147 P.3d 1058 (Kan. 2006).

State v. Sherrer, 912 P.2d 747 (Kan. 1996).

— K.S.A. § 60-401(b) — 284 cases

State v. Reid, 186 P.3d 713 (Kan. 2008). “K.S.A. 60-401(b). To establish relevance, there must be some material or logical connection between the asserted facts and the inference or result they are intended to establish.”

State v. Gunby, 144 P.3d 647 (Kan. 2006). “Generally, when considering a challenge to a district judge's admission of evidence, an appellate court must first consider relevance. Unless prohibited by statute, constitutional provision, or court decision, all relevant evidence is admissible.”

State v. Miller, 163 P.3d 267 (Kan. 2007). “" "`Relevant *278 evidence'" is defined by K.S.A. 60-401(b) as "evidence having any tendency in reason to prove any material fact.”

State v. Carr, 331 P.3d 544 (Kan. 2014). “’ K.S.A. 60-401(b). To establish relevance, there must be some material or logical connection between the asserted facts and the inference or result they are designed to establish.”

State v. Marsh, 102 P.3d 445 (Kan. 2004). “" K.S.A. 60-401(b). To establish relevance, there must be some material or logical connection between the asserted facts and the inference or result they are designed to establish.”

— K.S.A. § 60-401(c) — 1 case

Hazelton v. Safeway Stores, Inc., 345 P.2d 309 (Kan. Ct. App. 1987).

— K.S.A. § 60-401(d) — 4 cases

In re Est. of Moore – Gardner – Affirmed – Cowley, 390 P.3d 551 (Kan. Ct. App. 2017).

In re J.D.J., 967 P.2d 751 (Kan. 1998).

In Re Jdj, 967 P.2d 751 (Kan. 1998).

State v. Anderson (Kan. 2026).

— K.S.A. § 60-401(fi) — 1 case

State Ex Rel. Hausner v. Blackman, 648 P.2d 249 (Kan. Ct. App. 1982).

— K.S.A. § 60-401(h) — 3 cases

State Ex Rel. Murray v. Palmgren, 646 P.2d 1091 (Kan. 1982).

State v. Taylor, 583 P.2d 1033 (Kan. Ct. App. 1978).

Governmental Ethics Comm'n v. Cahill, 594 P.2d 1103 (Kan. 1979).

— K.S.A. § 60-401(k) — 1 case

State v. Spencer (Kan. Ct. App. 2020).

— K.S.A. § 60-401(m) — 8 cases

State v. Robinson, 363 P.3d 875 (Kan. 2015). “' K.S.A. 60-401(b). Accordingly, relevant evidence must be both probative and material.”

– State v. Jenkins –, 455 P.3d 779 (Kan. 2020). “The burden of authentication is minimal or slight, and there is no precise formula for district judges to determine authenticity.”

State v. Dale, 267 P.3d 743 (Kan. 2011).

State v. Schuette, 44 P.3d 459 (Kan. 2002).

State v. Gauger, 366 P.3d 238 (Kan. Ct. App. 2016).

— K.S.A. § 60-401(ra) — 1 case

State v. Lovelace, 607 P.2d 49 (Kan. 1980).

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