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Kansas Statutes Annotated

K.S.A. § 60-417 (2026)

Disqualification of witness; interpreters

✓ current as of May 2026
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60-417. Disqualification of witness; interpreters. A person is disqualified to be a witness if the judge finds that (a) the proposed witness is incapable of expressing himself or herself concerning the matter so as to be understood by the judge and jury either directly or through interpretation by one who can understand him or her, or (b) the proposed witness is incapable of understanding the duty of a witness to tell the truth. An interpreter is subject to all the provisions of this article relating to witnesses.

History: L. 1963, ch. 303, 60-417; January 1, 1964.

Notes of Decisions
Cited in 31 cases (1 in the last 5 years), 1959–2024 · leading case: State v. Kuone, 757 P.2d 289 (Kan. 1988).
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State v. Kuone, 757 P.2d 289 (Kan. 1988). · cites it 6× “See K.S.A. 60-417. A child is considered to be unavailable for constitutional purposes if the trial court determines that the child is incompetent to testify.”
State v. Ballou, 448 P.3d 479 (Kan. 2019). “But see K.S.A. 60-417 (witness disqualified if unable to be understood by judge and jury or unable to understand duty to tell the truth).”
State v. Pham, 675 P.2d 848 (Kan. 1984). · cites it 3× “K.S.A. 60-417 provides an interpreter is subject to all the provisions of the Kansas Code of Civil Procedure relating to witnesses, 60-417 through -422.”
Jones v. Bordman, 759 P.2d 953 (Kan. 1988). · cites it 4× “A person is disqualified to be a witness if the judge finds that (a) the proposed witness is incapable of expressing himself or herself concerning the matter so as to be understood by the judge and jury either directly or through interpretation by one who can understand him or…”
State v. Stafford, 290 P.3d 562 (Kan. 2012). “was not able to distinguish between truth and falsehood and was, therefore, disqualified as a witness under K.S.A. 60-417. The district court denied Stafford’s request, finding that such an examination was unnecessary because the parties could perform a voir dire of S.”
State v. Smallwood, 574 P.2d 1361 (Kan. 1978). · cites it 3× “The appellant also moved to suppress Meeks’ testimony claiming Meeks was incapable of understanding his duty as a witness to tell the truth pursuant to K.S.A. 60-417(b) and he also claimed Meeks’ Fifth Amendment constitutional rights had been violated by the police after Meeks’…”
Bledsoe v. State, 150 P.3d 868 (Kan. 2007). “He asserts that Kurth was required to hire an expert child psychologist and challenge Cody’s competence under K.S.A. 60-417 because, had the *93 district court found Cody was “incapable of expressing himself’ or incapable of understanding his duty to tell the truth, “his highly…”
State v. Dern, 362 P.3d 566 (Kan. 2015). “did not testify because the parties stipulated the girls were disqualified under K.S.A. 60-417. When the State rested its case, Dern moved for acquittal of both charges involving C.”
State v. Henderson, 160 P.3d 776 (Kan. 2007). “She is unable to understand the importance of this proceeding, and particularly it’s apparent to me that she is unable to understand the application of the oath, the relevance of the oath or the requirement to tell the truth; and so I’m going to find that she is incapable of…”
State v. Warden, 891 P.2d 1074 (Kan. 1995). · cites it 2× “K.S.A. 60-417 provides for disqualification of witnesses as follows: “A person is disqualified to be a witness if the judge finds that (a) the proposed witness is incapable of expressing himself or herself concerning tire matter so as to be understood by the judge and jury…”
State v. Colwell, 790 P.2d 430 (Kan. 1990). · cites it 2× “” The disqualification of a witness is codified in K.S.A. 60-417, which provides: “A person is disqualified to be a witness if the judge finds that (a) the proposed witness is incapable of expressing himself or herself concerning the matter so as to be understood by the judge…”
State v. Gilliland, 276 P.3d 165 (Kan. 2012). “60-408 (granting trial court discretion in conducting proceedings to determine if witness is qualified); see also K.S.A. 60-417 (witness is disqualified “if the judge finds that [a] the proposed witness is incapable of expressing himself or herself concerning the matter so as to…”
Show all 31 citing cases →
— K.S.A. § 60-417(a) — 1 case
State v. Morris (Kan. Ct. App. 2024).
— K.S.A. § 60-417(b) — 2 cases
State v. Smallwood, 574 P.2d 1361 (Kan. 1978). “The appellant also moved to suppress Meeks’ testimony claiming Meeks was incapable of understanding his duty as a witness to tell the truth pursuant to K.S.A. 60-417(b) and he also claimed Meeks’ Fifth Amendment constitutional rights had been violated by the police after Meeks’…”
State v. Morris (Kan. Ct. App. 2024).
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