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Kansas Statutes Annotated

K.S.A. § 60-412 (2026)

Judicial notice in proceedings subsequent to trial

✓ current as of May 2026
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60-412. Judicial notice in proceedings subsequent to trial. (a) The failure or refusal of the judge to take judicial notice of a matter, or to instruct the trier of fact with respect to the matter, shall not preclude the judge from taking judicial notice of the matter in subsequent proceedings in the action.

(b) The rulings of the judge under K.S.A. 60-409, 60-410 and 60-411 are subject to review as are other rulings under the provisions of this article.

(c) The reviewing court in its discretion may take judicial notice of any matter specified in K.S.A. 60-409 whether or not judicially noticed by the judge.

(d) A judge or a reviewing court taking judicial notice under subsection (a) or (c) of this section of matter not theretofore so noticed in the action shall afford the parties reasonable opportunity to present information relevant to the propriety of taking such judicial notice and to the tenor of the matter to be noticed.

History: L. 1963, ch. 303, 60-412; January 1, 1964.

Notes of Decisions
Cited in 24 cases (10 in the last 5 years), 1988–2026 · leading case: Sierra Club v. Moser, 310 P.3d 360 (Kan. 2013).
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Sierra Club v. Moser, 310 P.3d 360 (Kan. 2013). “The Intervenors request us to taire “judicial notice pursuant to K.S.A. 60-412 .... The authenticity and content of the addenda are specific facts immediately verifiable through EPA as provided in K.”
State v. Schad, 206 P.3d 22 (Kan. Ct. App. 2009). · cites it 2× “In taking judicial notice of this fact under K.S.A. 60-412(c), we have afforded both Schad and the State reasonable opportunity to respond to the taking of such judicial notice in compliance with K.”
State v. Rankin, 489 P.3d 471 (Kan. Ct. App. 2021). · cites it 4× “" Thus, this court can take judicial notice of a matter not noticed below.”
Kloster v. Hancock (In Re Rockhill Pain Specialists, P.A.), 412 P.3d 1008 (Kan. Ct. App. 2017). “60-409(b)(4) (judicial notice may be taken of specific facts capable of immediate and accurate determination by resort to easily accessible sources of indisputable accuracy); K.S.A. 60-412(c) (reviewing court in its discretion may take judicial notice of any matter specified in…”
State v. Smith, 423 P.3d 530 (Kan. 2018). “K.S.A. 60-412(d) provides that the judge "shall afford the parties reasonable opportunity to present information relevant to the propriety of taking such judicial notice and to the tenor of the matter to be noticed.”
In Re the Adoption of B.J.M., 209 P.3d 200 (Kan. Ct. App. 2009). “60-409(b)(4) (stating that judicial notice may be taken of specific facts capable of immediate and accurate determination by resort to easily accessible sources of indisputable accuracy); K.S.A. 60-412(c) (stating that reviewing court in its discretion may take judicial notice…”
State v. Marino, 929 P.2d 173 (Kan. Ct. App. 1996). · cites it 3× “Defendant acknowledges, however, that this court on appeal is allowed to take judicial notice of unproven elements of the State’s complaint, pursuant to K.S.A. 60-412(c). He asks us not to do so.”
Goodwin v. City of Kansas City, 766 P.2d 177 (Kan. 1988). “” *31 and K.S.A. 60-412(c) and (d): “(c) The reviewing court in its discretion may take judicial notice of any matter specified in K.”
State v. Graham, 61 P.3d 662 (Kan. 2003). “First, K.S.A. 60-412(c) provides that an appellate court may take judicial notice of any matter specified in K.”
Leffel v. Kansas Dep't of Revenue, 138 P.3d 784 (Kan. Ct. App. 2006). “K.S.A. 60-412(c) allows this court to take judicial notice of any matter specified in K.”
State v. Contreras, 467 P.3d 522 (Kan. Ct. App. 2020). “The three documents we have judicially noticed on appeal are all from Father's Clark County case 13 CR 25: the complaint, a journal entry of arraignment, and the same journal entry of judgment that the district court reviewed.”
Scribner v. Bd. of Educ. of U.S.D. No. 492, 419 P.3d 1149 (Kan. 2018). “See K.S.A. 60-412 ; K.S.A. 60-409 ; see also Gannon v.”
Show all 24 citing cases →
— K.S.A. § 60-412(a) — 1 case
State v. Thomas (Kan. Ct. App. 2021).
— K.S.A. § 60-412(c) — 16 cases
Kloster v. Hancock (In Re Rockhill Pain Specialists, P.A.), 412 P.3d 1008 (Kan. Ct. App. 2017). “60-409(b)(4) (judicial notice may be taken of specific facts capable of immediate and accurate determination by resort to easily accessible sources of indisputable accuracy); K.S.A. 60-412(c) (reviewing court in its discretion may take judicial notice of any matter specified in…”
In Re the Adoption of B.J.M., 209 P.3d 200 (Kan. Ct. App. 2009). “60-409(b)(4) (stating that judicial notice may be taken of specific facts capable of immediate and accurate determination by resort to easily accessible sources of indisputable accuracy); K.S.A. 60-412(c) (stating that reviewing court in its discretion may take judicial notice…”
State v. Marino, 929 P.2d 173 (Kan. Ct. App. 1996). “Defendant acknowledges, however, that this court on appeal is allowed to take judicial notice of unproven elements of the State’s complaint, pursuant to K.S.A. 60-412(c). He asks us not to do so.”
State v. Schad, 206 P.3d 22 (Kan. Ct. App. 2009). “In taking judicial notice of this fact under K.S.A. 60-412(c), we have afforded both Schad and the State reasonable opportunity to respond to the taking of such judicial notice in compliance with K.”
Goodwin v. City of Kansas City, 766 P.2d 177 (Kan. 1988). “” *31 and K.S.A. 60-412(c) and (d): “(c) The reviewing court in its discretion may take judicial notice of any matter specified in K.”
— K.S.A. § 60-412(d) — 6 cases
State v. Smith, 423 P.3d 530 (Kan. 2018). “K.S.A. 60-412(d) provides that the judge "shall afford the parties reasonable opportunity to present information relevant to the propriety of taking such judicial notice and to the tenor of the matter to be noticed.”
State v. Rankin, 489 P.3d 471 (Kan. Ct. App. 2021). “" Thus, this court can take judicial notice of a matter not noticed below.”
State v. Schad, 206 P.3d 22 (Kan. Ct. App. 2009). “In taking judicial notice of this fact under K.S.A. 60-412(c), we have afforded both Schad and the State reasonable opportunity to respond to the taking of such judicial notice in compliance with K.”
Gannon v. State (Kan. 2017).
In re Winterberg, 500 P.3d 535 (Kan. 2021).
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