K.S.A. » Chapter 60
Kansas Statutes Annotated

K.S.A. § 60-402 (2026)

Scope of rules

✓ current as of May 2026
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60-402. Scope of rules. Except to the extent to which they may be relaxed by other procedural rule or statute applicable to the specific situation, the rules set forth in this article shall apply in every proceeding, both criminal and civil, conducted by or under the supervision of a court, in which evidence is produced.

History: L. 1963, ch. 303, 60-402; January 1, 1964.

Notes of Decisions
Cited in 25 cases (2 in the last 5 years), 1965–2026 · leading case: State v. Cremer, 676 P.2d 59 (Kan. 1984).
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State v. Cremer, 676 P.2d 59 (Kan. 1984). · cites it 12× “Except to the extent to which they may be relaxed by other procedural rule or statute applicable to the specific situation, the rules set forth in this article shall apply in every proceeding, both criminal and civil, conducted by or under the supervision of a court, in which…”
State v. Page, 363 P.3d 391 (Kan. 2015). · cites it 3× “*556 K.S.A. 60-402 states that the Kansas evidentiary rules apply “in every proceeding, both criminal and civil, conducted by or under the supervision of a court, in which evidence is produced,” “[e]xcept to tire extent to which they may be relaxed by other procedural rule or…”
City of Wichita v. Molitor, 341 P.3d 1275 (Kan. 2015). · cites it 2× “In a supplemental brief to this court, a subsequently appointed attorney for Molitor took the tack that it was procedural error for the district court to admit the HGN results, because K.S.A. 60-402 makes the same rules of evidence applicable to the pretrial suppression motion…”
State v. Edwards, 955 P.2d 1276 (Kan. 1998). · cites it 2× “' K.S.A. 60-402 states the scope of the rules as follows: `Except to the extent to which they may be relaxed by other procedural rule or statute applicable to the specific situation, the rules set forth in this article shall apply in every proceeding, both criminal and civil,…”
Hampton v. State, 2009 OK CR 4 (Okla. Crim. App. 2009). · cites it 2× “Kan. Stat. Ann. § 60-402 (2005) (declaring that the Kansas Rules of Evidence "apply in every [court] proceeding .”
State v. Gonzalez, 457 P.3d 938 (Kan. Ct. App. 2019). “See K.S.A. 60-402 (rules of evidence govern civil and criminal proceedings, unless specifically relaxed by rule or statute); K.”
Garetson Bros. v. Am. Warrior, Inc., 347 P.3d 687 (Kan. Ct. App. 2015). · cites it 2× “K.S.A. 60-402 recognizes that there are other statutory provisions that may control in specific situations rather than the standard rules of evidence.”
State v. Myatt, 697 P.2d 836 (Kan. 1985). “2d 59 (1984); K.S.A. 60-402. Also, K.S.A. 60-460(dd) specifically requires the judge to hold a hearing to determine both the disqualification of a child witness and the reliability of the hearsay statements prior to the admission of the statements.”
State v. Nott, 669 P.2d 660 (Kan. 1983). · cites it 2× “" The constitutional and statutory right of a person not to testify against himself, either as the accused or as a witness, is thus one of the privileges recognized in the Kansas Code of Civil Procedure which is also enforced in criminal cases (K.S.A. 60-402). Contrary to what…”
State v. Green, 867 P.2d 366 (Kan. 1994). “K.S.A. 60-402. Whether hearsay evidence should be admitted at a post-trial hearing is within the discretion of the trial court.”
State v. Cremer, 666 P.2d 1200 (Kan. Ct. App. 1983). · cites it 3× “Included within this enactment was K.S.A. 60-402 which provides that “[e]xcept to the extent to which they may be relaxed by other procedural rule or statute applicable to the specific situation, the rules set forth in this article shall apply in *702 every proceeding, both…”
City of Wichita v. Denton, 294 P.3d 207 (Kan. 2013). “See K.S.A. 60-402 (stating that “the rules set forth in this article shall apply in every proceeding, both criminal and civil, conducted by or under the supervision of a court, in which evidence is produced”); Garrett v.”
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