60-419.
Prerequisites of knowledge and experience.
As a prerequisite for the testimony of a witness on a relevant or material matter, there must be evidence that he or she has personal knowledge thereof, or experience, training or education if such be required. Such evidence may be by the testimony of the witness himself or herself. The judge may reject the testimony of a witness that the witness perceived a matter if the judge finds that no trier of fact could reasonably believe that the witness did perceive the matter. The judge may receive conditionally the testimony of the witness as to a relevant or material matter, subject to the evidence of knowledge, experience, training or education being later supplied in the course of the trial.
History:
L. 1963, ch. 303, 60-419; January 1, 1964.
Notes of Decisions
Cited in
36
cases (
7 in the last 5 years), 1971–2024 · leading case:
State v. Hubbard, 430 P.3d 956 (Kan. 2018).
State v. Hubbard, 430 P.3d 956 (Kan. 2018).
· cites it 2× “The panel concluded Nicholson's testimony was governed by K.S.A. 60-419 : "Under that statute, a witness may testify on a relevant or material matter as long as there is evidence that he or she 'has personal knowledge thereof, or experience, training or education if such be…”
State v. Robinson, 363 P.3d 875 (Kan. 2015).
· cites it 2× “Defense counsel's voir dire did not otherwise challenge these qualifications.”
State v. Ballou, 448 P.3d 479 (Kan. 2019).
“60-407; K.S.A. 60-419. 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).”
Wiles v. Am. Fam. Life Assurance Co., 350 P.3d 1071 (Kan. 2015).
“First, the panel’s holding conflicts with K.S.A. 60-419, which provides, in relevant part: “As a prerequisite for the testimony of a witness on a relevant or material matter, there must be evidence that he or she has personal knowledge thereof.”
Pullen v. West, 92 P.3d 584 (Kan. 2004).
“” K.S.A. 60-419 sets out the standard regarding the competency of either an expert or lay witness to testify: “As a prerequisite for the testimony of a witness on a relevant or material matter, there must be evidence that he or she has personal knowledge thereof, or experience,…”
Tompkins v. Bise, 910 P.2d 185 (Kan. 1996).
· cites it 2× “, the prerequisites for expert testimony in a medical malpractice case were stated in K.S.A. 60-419. In addition to the testimony being relevant and material, the statute states that the expert witness must have personal knowledge thereof, or experience, training, or education…”
Nold Ex Rel. Nold v. Binyon, 31 P.3d 274 (Kan. 2001).
“” He answered “yes” to the following question from Audra’s counsel: “Before I ask your opinions are you knowledgeable concerning the general standard for how nurses in a labor and delivery unit would handle prenatal records coming in from a doctor from the point of being…”
State v. Crudo, 541 P.3d 67 (Kan. 2024).
“" K.S.A. 60-419. But their testimony is limited to that which is not based on "scientific, technical or other specialized knowledge.”
State v. Pham, 675 P.2d 848 (Kan. 1984).
“, to interpret correctly. 1 Gard’s Kansas C. Civ.”
Hawkinson v. Bennett, 962 P.2d 445 (Kan. 1998).
“” K.S.A. 60-419 sets out the standard regarding the competency of a witness to testify: “As a prerequisite for the testimony of a witness on a relevant or material matter, there must be evidence that he or she has personal knowledge thereof, or experience, training or education…”
State v. Sinnard, 543 P.3d 525 (Kan. 2024).
“" K.S.A. 60-419. Kansas law also permits a witness to testify in the form of opinions or inferences when certain conditions are met.”
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