60-461.
Discretion of judge under exception to exclude evidence.
Any writing admissible under exceptions (o), (p), (q) and (ee) of K.S.A. 60-460, and amendments thereto, shall be received only if the party offering such writing has delivered a copy of it or so much as may relate to the controversy, to each adverse party a reasonable time before trial unless the judge finds that such adverse party has not been unfairly surprised by the failure to deliver such copy.
History:
L. 1963, ch. 303, 60-461; L. 1988, ch. 211, § 10; July 1.
CASE ANNOTATIONS
1. Admission of authenticated copies of journal entries of prior convictions of felony proper; defendant subject to Kansas habitual criminal act. State v. Lewis, 195 Kan. 389, 395, 405 P.2d 796.
2. Records were not sent to opposing counsel as required hereunder; case decided on other grounds. Pacific Indemnity Co. v. Berge, 205 Kan. 755, 764, 473 P.2d 48.
3. Applied in determining K.S.A. 60-460 inapplicable to support finding by court of ownership of automobile. Motors Insurance Corporation v. Richardson, 220 Kan. 288, 290, 552 P.2d 894.
4. Copies of automobile titles not furnished as provided herein, not challenged at trial; cannot be reversed on appeal. State v. Kliewer, 210 Kan. 820, 824, 825, 504 P.2d 580.
State v. Gonzalez, 145 P.3d 18 (Kan. 2006). “Subject to K.S.A. 60-461 and amendments thereto, (1) if meeting the requirements of audientication under K.”
Friesen v. Chicago, Rock Island & Pac. R.R., 524 P.2d 1141 (Kan. 1974). · cites it 2דSubject to section 60-461, (1) if meeting the requirements of authentication under section 60-465, to prove the content of the record, a writing purporting to be a copy of an official record or of an entry therein, (2) to prove the absence of a record in a specified office, a…”
State v. Kliewer, 504 P.2d 580 (Kan. 1972). · cites it 2דThe rule is subject to K.S.A. 60-461. Under 60-465, supra, a writing purporting to be a copy of an official record, or an entry therein, meets the requirements of authentication if the judge finds that the writing purports to be published by authority of the nation, state or…”
Pac. Indem. Co. v. Berge, 473 P.2d 48 (Kan. 1970). · cites it 2ד) Regarding the admissibility of the Exhibits as contents of official records under subsection ( o ), admissibility is made subject to K.S.A. 60-461 which requires delivery to each adverse party a reasonable time before trial, unless the judge finds that such adverse party has…”
City of Overland Park v. Rice, 567 P.2d 1382 (Kan. 1977). “Subject to K.S.A. 60-461, (1) if meeting the requirements of authentication under K.”
State v. Marino, 929 P.2d 173 (Kan. Ct. App. 1996). “Defendant now complains that the admission of the affidavit was error because he was never given a copy of the affidavit as required by K.S.A. 60-461. Defendant failed to raise this specific objection at trial.”
State v. Boyd, 9 P.3d 1273 (Kan. Ct. App. 2000). · cites it 2דEvidence of a statement which is made other than by a witness while testifying at the hearing, offered to prove the truth of the matter asserted, is hearsay evidence and inadmissible except: "Subject to K.S.A. 60-461 and amendments thereto, (1) if meeting the requirements of…”
State v. Lackey, 120 P.3d 332 (Kan. 2005). “Subject to K.S.A. 60-461 and amendments thereto, (1) if meeting the requirements of authentication under K.”
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