60-410.
Determination as to propriety of judicial notice and tenor of matter noticed.
(a) The judge shall afford each party reasonable opportunity to present to him or her information relevant to the propriety of taking judicial notice of a matter or to the tenor of the matter to be noticed.
(b) In determining the propriety of taking judicial notice of a matter or the tenor thereof, (1) the judge may consult and use any source of pertinent information, whether or not furnished by a party; and (2) no exclusionary rule except a valid claim of privilege shall apply.
(c) If the information possessed by or readily available to the judge, whether or not furnished by the parties, fails to convince the judge that a matter falls clearly within K.S.A. 60-409, or if it is insufficient to enable him or her to notice the matter judicially, he or she shall decline to take judicial notice thereof.
(d) In any event the determination either by judicial notice or from evidence of the applicability and the tenor of any matter of common law, constitutional law, or of any statute, private act, resolution, ordinance or regulation falling within K.S.A. 60-409, shall be a matter for the judge and not for the jury.
History:
L. 1963, ch. 303, 60-410; January 1, 1964.
Notes of Decisions
Cent. Nat. Resources, Inc. v. Davis Operating Co., 201 P.3d 680 (Kan. 2009).
· cites it 2× “The final issue briefed by Central is “[wjhether the District Court erred by failing to grant ‘Plaintiff s Motion for Judicial Notice of Specific Facts.’ ” Central complains of the district court’s finding that not all of the facts contained within the voluminous data it…”
State v. Smith, 423 P.3d 530 (Kan. 2018).
“" See also K.S.A. 60-410(a). And as with his music, Smith's tattoos and brands are irrelevant to the credibility determination with which the district court acknowledged it was ordered by this court to perform.”
Doe v. Thompson, 373 P.3d 750 (Kan. 2016).
· cites it 2× “60- 409(b)(4); see also K.S.A. 60-410 (provisions relating to determination as to propriety of taking judicial notice).”
King v. Am. Rock Crusher, 240 P. 394 (Kan. 1925).
“The pertinent statutes aré sections 60-410 and 60-413 of the Revised Statutes, which read as follows: “All persons having an interest in the subject of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except as otherwise provided in this article.”
Hernandez v. Pistotnik (Kan. Ct. App. 2024).
· cites it 4× “of the United States and of the legislature of this state, and duly enacted ordinances and duly published regulations of governmental subdivisions or agencies of this state, and (2) the laws of foreign countries and (3) such facts as are so generally known or of such common…”
— K.S.A. § 60-410(a) — 2 cases
State v. Smith, 423 P.3d 530 (Kan. 2018).
“" See also K.S.A. 60-410(a). And as with his music, Smith's tattoos and brands are irrelevant to the credibility determination with which the district court acknowledged it was ordered by this court to perform.”
Hernandez v. Pistotnik (Kan. Ct. App. 2024).
“of the United States and of the legislature of this state, and duly enacted ordinances and duly published regulations of governmental subdivisions or agencies of this state, and (2) the laws of foreign countries and (3) such facts as are so generally known or of such common…”
— K.S.A. § 60-410(b)(2) — 1 case
Cent. Nat. Resources, Inc. v. Davis Operating Co., 201 P.3d 680 (Kan. 2009).
“The final issue briefed by Central is “[wjhether the District Court erred by failing to grant ‘Plaintiff s Motion for Judicial Notice of Specific Facts.’ ” Central complains of the district court’s finding that not all of the facts contained within the voluminous data it…”
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