60-408.
Preliminary inquiry by judge.
When the qualification of a person to be a witness, or the admissibility of evidence, or the existence of a privilege is stated in this article to be subject to a condition, and the fulfillment of the condition is in issue, the issue is to be determined by the judge, and he or she shall indicate to the parties which one has the burden of producing evidence and the burden of proof on such issue as implied by the section under which the question arises. The judge may hear and determine such matters out of the presence or hearing of the jury, except that on the admissibility of a confession of the accused in a criminal case, the judge, if requested, shall hear and determine the question out of the presence and hearing of the jury. But this section shall not be construed to limit the right of a party to introduce before the jury evidence relevant to weight or credibility.
History:
L. 1963, ch. 303, 60-408; January 1, 1964.
Notes of Decisions
Cited in
13
cases (
2 in the last 5 years), 1927–2026 · leading case:
State v. Page, 363 P.3d 391 (Kan. 2015).
State v. Page, 363 P.3d 391 (Kan. 2015).
· cites it 2× “K.S.A. 60-408 is a more specific statute, and it applies in this situation.”
State v. Warden, 891 P.2d 1074 (Kan. 1995).
· cites it 2× “” K.S.A. 60-408 sets forth the rules under which the qualification of a witness is to be decided: ‘When the qualification of a person to be a witness .”
State v. Gilliland, 276 P.3d 165 (Kan. 2012).
“See K.S.A. 60-408 (granting trial court discretion in conducting proceedings to determine if witness is qualified); see also K.”
State v. Miles, 662 P.2d 1227 (Kan. 1983).
· cites it 2× “(K.S.A. 60-408.) “To the extentthat Syllabus ¶ 1 and the corresponding portion of the opinion in State v.”
Henry v. Edde, 79 P.2d 888 (Kan. 1938).
· cites it 2× “Section 60-408 authorizes suit to be brought against an insane or incompetent person, and in certain cases provides that a guardian ad litem shall be appointed by the court.”
State v. Rollins, 957 P.2d 438 (Kan. 1998).
“60-402 states: “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…”
State v. Milow, 433 P.2d 538 (Kan. 1967).
“(See, K.S.A. 60-408.) We turn now to a consideration of the disposition of this case.”
State v. Poulos, 411 P.2d 694 (Kan. 1966).
“The defendant contends the district court had a duty under K.S.A. 60-408 to make inquiry concerning the extent of Flournoy's illness and determine the type of insanity he was adjudged to have had, and if it was the type which created a delusion, that is, "that he could be…”
Poorman v. Carlton, 253 P. 424 (Kan. 1927).
· cites it 2× “Section 60-408 of the Revised Statutes, in part, reads: “In any proper case service may be made on minors, insane and other incompetent persons by a summons personally served or by publication notice as provided in this code, the same as upon other persons defendants in action.”
State v. Simpson, 327 P.3d 460 (Kan. 2014).
· cites it 2× “In support, Simpson cited K.S.A. 60-408, which gives the district court discretion to determine a witness’ qualifications to testify, and briefly mentioned a case discussing the Confrontation Clause.”
Copeland v. State (Kan. Ct. App. 2025).
“See K.S.A. 60-408 (district court to make determinations bearing on conditions governing admission of proposed evidence).”
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treatment. Dots show Syfertize treatment of the citing case itself.