Kansas Statutes Annotated

K.S.A. § 60-438 (2026)

Admissibility of disclosure wrongfully compelled

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60-438. Admissibility of disclosure wrongfully compelled. Evidence of a statement or other disclosure is inadmissible against the holder of the privilege if the judge finds that he or she had and claimed a privilege to refuse to make the disclosure but was nevertheless required to make it.

History: L. 1963, ch. 303, 60-438; January 1, 1964.

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: State v. Chighisola, 430 P.3d 996 (Kan. Ct. App. 2018).
State v. Chighisola, 430 P.3d 996 (Kan. Ct. App. 2018). · cites it 3× “(4) Evidence of wrongful disclosure inadmissible against holder of privilege Finally, Chighisola alleges that the district court's reliance on the treatment facility privilege was improper under K.S.A. 60-438, which provides: "Evidence of a statement or other disclosure is…”
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