K.S.A. » Chapter 60
Kansas Statutes Annotated

K.S.A. § 60-442 (2026)

Testimony by the judge

✓ current as of May 2026
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60-442. Testimony by the judge. Against the objection of a party, the judge presiding at the trial may not testify in that trial as a witness.

History: L. 1963, ch. 303, 60-442; January 1, 1964.

Notes of Decisions
Cited in 4 cases, 1997–2018 · leading case: Tillman v. Goodpasture, 424 P.3d 540 (Kan. Ct. App. 2018).
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Tillman v. Goodpasture, 424 P.3d 540 (Kan. Ct. App. 2018). “Suggesting Section 18 only applies to causes of action existing at common law when the Kansas Constitution was adopted, the Lemuz court held: "[C]orporate negligence causes of action are not 'new' causes of action but are simply different applications of the basic concepts of…”
Lemuz Ex Rel. Lemuz v. Fieser, 933 P.2d 134 (Kan. 1997). “Since K.S.A. 60-442(b) precludes a corporate negligence cause of action, it implicates § 18.”
State v. Comprehensive Health of Planned Parenthood, 241 P.3d 45 (Kan. 2010). “This common law is reflected in part by K.S.A. 60-442, which gives a party in a trial veto power over testimony of the presiding *365 judge.”
State v. Rivera, 291 P.3d 512 (Kan. Ct. App. 2012). “*436 Rivera notes that the legislature has specifically exempted judges (K.S.A. 60-442) and jurors (K.S.A. 60-443) from testifying in a case in which those persons are involved and has also recognized that a defendant has the privilege to refuse to testify in his or her own case…”
— K.S.A. § 60-442(b) — 2 cases
Tillman v. Goodpasture, 424 P.3d 540 (Kan. Ct. App. 2018). “Suggesting Section 18 only applies to causes of action existing at common law when the Kansas Constitution was adopted, the Lemuz court held: "[C]orporate negligence causes of action are not 'new' causes of action but are simply different applications of the basic concepts of…”
Lemuz Ex Rel. Lemuz v. Fieser, 933 P.2d 134 (Kan. 1997). “Since K.S.A. 60-442(b) precludes a corporate negligence cause of action, it implicates § 18.”
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