Kansas Statutes Annotated

K.S.A. § 60-459 (2026)

Definitions

✓ current as of May 2026

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60-459. Definitions. As used in K.S.A. 60-460, its exceptions and in this section:

(a) "Statement" means not only an oral or written expression but also nonverbal conduct of a person intended by him or her as a substitute for words in expressing the matter stated.

(b) "Declarant" is a person who makes a statement.

(d) "Public official" of a state or territory of the United States includes an official of a political subdivision of such state or territory and of a municipality.

(e) "State" includes the District of Columbia.

(f) "A business" as used in exception K.S.A. 60-460(m) shall include every kind of business, profession, occupation, calling or operation of institutions, whether carried on for profit or not.

(g) "Unavailable as a witness" includes situations where the witness is (1) exempted on the ground of privilege from testifying concerning the matter to which his or her statement is relevant, or (2) disqualified from testifying to the matter, or (3) unable to be present or to testify at the hearing because of death or then existing physical or mental illness, or (4) absent beyond the jurisdiction of the court to compel appearance by its process, or (5) absent from the place of hearing because the proponent of his or her statement does not know and with diligence has been unable to ascertain his or her whereabouts.

But a witness is not unavailable (1) if the judge finds that his or her exemption, disqualification, inability or absence is due to procurement or wrongdoing of the proponent of his or her statement for the purpose of preventing the witness from attending or testifying, or to the culpable neglect of such party, or (2) if unavailability is claimed under clause (4) of the preceding paragraph and the judge finds that the deposition of the declarant could have been taken by the exercise of reasonable diligence and without undue hardship, and that the probable importance of the testimony is such as to justify the expense of taking such deposition.

History: L. 1963, ch. 303, 60-459; January 1, 1964.

Notes of Decisions

Cited in 75 cases (11 in the last 5 years), 1965–2026 · leading case: State v. Keys, 510 P.3d 706 (Kan. 2022).

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State v. Keys, 510 P.3d 706 (Kan. 2022). · cites it 8× “See K.S.A. 60-459; K.S.A. 2020 Supp. 60-460. Keys objected to the State's motion, challenging the admission of his prior testimony on grounds it was irrelevant to the charges in the second superseding indictment.”

State v. Jefferson, 194 P.3d 557 (Kan. 2008). · cites it 15× “The court specifically declined to hold that K.S.A. 60-459 or K.S.A. 60-460 required a different result, Terry, 202 Kan.”

State v. Gleason, 329 P.3d 1102 (Kan. 2014). · cites it 9× “The State contends Gleason’s adamant refusal to testify rendered him unavailable as that term has been interpreted by this court in the context of the Sixth Amendment right to confrontation and in the context of K.S.A. 60-459(g): “ ‘Unavailable as a witness’ includes situations…”

Timsah Ex Rel. Timsah v. Gen. Motors Corp., 591 P.2d 154 (Kan. 1979). · cites it 6× “60-460 as "Evidence of a statement which is made other than by a witness while testifying at the hearing offered to prove the truth of the matter stated.”

State v. Kuone, 757 P.2d 289 (Kan. 1988). · cites it 6× “"(g) `Unavailable as a witness' includes situations where the witness is (1) exempted on the ground of privilege from testifying concerning the matter to which his or her statement is relevant, or (2) disqualified from testifying to the matter, or (3) unable to be present or to…”

State v. Larraco, 93 P.3d 725 (Kan. Ct. App. 2004). · cites it 4× “K.S.A. 60-459(g) provides five situations in which a witness may be found'unavailable.”

State v. Randle, 462 P.3d 624 (Kan. 2020). · cites it 2× “" K.S.A. 60-459(a). The expression's form does not matter; a question-like expression can be a statement under K.”

In the Interest of J.D.C., 159 P.3d 974 (Kan. 2007). · cites it 2× “unavailable, as that term is defined in K.S.A. 60-459(g). “Unavailable as a witness” means the person is: (1) exempted on the ground of privilege from testifying concerning the matter to which his or her statement is relevant; (2) disqualified from testifying to the matter; (3)…”

State v. Page, 363 P.3d 391 (Kan. 2015). · cites it 3× “60-460(c)(2)(B) (hearsay exception for unavailable witness who has testified at preliminary hearing); K.S.A. 60-459(g) (defining witness unavailability).”

State v. Davis, 158 P.3d 317 (Kan. 2007). · cites it 2× “K.S.A. 60-459(g)(l), which defines “ ‘ [unavailability] as a witness,’ ” states that a witness is unavailable if he or she is “exempted on the ground of privilege from testifying concerning the matter to which his or her statement is relevant.”

State v. Johnson-Howell, 881 P.2d 1288 (Kan. 1994). · cites it 4× “K.S.A. 60-459(g). A witness is not unavailable (1) if the judge finds that his or her exemption, disqualification, inability, or absence is due to procurement or wrongdoing of the proponent of his or her statement for the purpose of preventing the witness from attending or…”

State v. Showalter, 543 P.3d 508 (Kan. 2024). · cites it 3× “22-3211(8) and K.S.A. 60-459(g)(4), as well as the Sixth Amendment's Confrontation Clause and section 10 of the Kansas Constitution Bill of Rights, to challenge the district court's decision to admit Dr.”

Show all 75 citing cases →

— K.S.A. § 60-459(a) — 6 cases

State v. Randle, 462 P.3d 624 (Kan. 2020). “" K.S.A. 60-459(a). The expression's form does not matter; a question-like expression can be a statement under K.”

State v. Bratt, 824 P.2d 983 (Kan. 1992).

Timsah Ex Rel. Timsah v. Gen. Motors Corp., 591 P.2d 154 (Kan. 1979). “60-460 as "Evidence of a statement which is made other than by a witness while testifying at the hearing offered to prove the truth of the matter stated.”

State v. Wacker, 861 P.2d 1272 (Kan. 1993).

State v. Dixon, 492 P.3d 455 (Kan. Ct. App. 2021).

— K.S.A. § 60-459(c) — 1 case

— K.S.A. § 60-459(g) — 23 cases

State v. Jefferson, 194 P.3d 557 (Kan. 2008). “The court specifically declined to hold that K.S.A. 60-459 or K.S.A. 60-460 required a different result, Terry, 202 Kan.”

State v. Gleason, 329 P.3d 1102 (Kan. 2014). “The State contends Gleason’s adamant refusal to testify rendered him unavailable as that term has been interpreted by this court in the context of the Sixth Amendment right to confrontation and in the context of K.S.A. 60-459(g): “ ‘Unavailable as a witness’ includes situations…”

State v. Larraco, 93 P.3d 725 (Kan. Ct. App. 2004). “K.S.A. 60-459(g) provides five situations in which a witness may be found'unavailable.”

In the Interest of J.D.C., 159 P.3d 974 (Kan. 2007). “unavailable, as that term is defined in K.S.A. 60-459(g). “Unavailable as a witness” means the person is: (1) exempted on the ground of privilege from testifying concerning the matter to which his or her statement is relevant; (2) disqualified from testifying to the matter; (3)…”

State v. Johnson-Howell, 881 P.2d 1288 (Kan. 1994). “K.S.A. 60-459(g). A witness is not unavailable (1) if the judge finds that his or her exemption, disqualification, inability, or absence is due to procurement or wrongdoing of the proponent of his or her statement for the purpose of preventing the witness from attending or…”

— K.S.A. § 60-459(g)(1) — 2 cases

State v. Davis, 148 P.3d 510 (Kan. 2006).

State v. Adams, 547 P.3d 593 (Kan. Ct. App. 2024).

— K.S.A. § 60-459(g)(2) — 3 cases

State v. Kuone, 757 P.2d 289 (Kan. 1988). “"(g) `Unavailable as a witness' includes situations where the witness is (1) exempted on the ground of privilege from testifying concerning the matter to which his or her statement is relevant, or (2) disqualified from testifying to the matter, or (3) unable to be present or to…”

Floyd v. Gen. Motors Corp., 960 P.2d 763 (Kan. Ct. App. 1998).

State v. McClanahan, 792 P.2d 355 (Kan. Ct. App. 1990).

— K.S.A. § 60-459(g)(3) — 12 cases

State v. Sanders, 904 P.2d 951 (Kan. 1995).

Bledsoe v. State, 150 P.3d 868 (Kan. 2007).

State v. Murray, 174 P.3d 407 (Kan. 2008).

State v. Conley, 11 P.3d 1147 (Kan. 2000).

State v. Ruebke, 731 P.2d 842 (Kan. 1987).

— K.S.A. § 60-459(g)(4) — 9 cases

State v. Keys, 510 P.3d 706 (Kan. 2022). “See K.S.A. 60-459; K.S.A. 2020 Supp. 60-460. Keys objected to the State's motion, challenging the admission of his prior testimony on grounds it was irrelevant to the charges in the second superseding indictment.”

State v. Showalter, 543 P.3d 508 (Kan. 2024). “22-3211(8) and K.S.A. 60-459(g)(4), as well as the Sixth Amendment's Confrontation Clause and section 10 of the Kansas Constitution Bill of Rights, to challenge the district court's decision to admit Dr.”

State v. Watie, Heard & Heard, 574 P.2d 1368 (Kan. 1978).

State v. MacK, 871 P.2d 1265 (Kan. 1994).

State v. Flournoy, 36 P.3d 273 (Kan. 2001).

— K.S.A. § 60-459(g)(5) — 3 cases

State v. Rodriguez-Garcia, 8 P.3d 3 (Kan. Ct. App. 1999).

State v. Harris, 998 P.2d 524 (Kan. Ct. App. 2000).

State v. Andrews (Kan. Ct. App. 2020).

— K.S.A. § 60-459(g)(l) — 4 cases

State v. Davis, 158 P.3d 317 (Kan. 2007). “K.S.A. 60-459(g)(l), which defines “ ‘ [unavailability] as a witness,’ ” states that a witness is unavailable if he or she is “exempted on the ground of privilege from testifying concerning the matter to which his or her statement is relevant.”

State v. Haislip, 701 P.2d 909 (Kan. 1985).

State v. Sanders, 578 P.2d 702 (Kan. 1978).

State v. Giles, 4 P.3d 630 (Kan. Ct. App. 2000).

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