60-410. Determination as to propriety of judicial notice and tenor of matter noticed. - Kansas Statutes

60-410

Chapter 60.--PROCEDURE, CIVIL Article 4.--RULES OF EVIDENCE

      60-410.   Determination as to propriety of judicial notice and tenor ofmatter noticed.(a) The judge shall afford each party reasonable opportunity to present to himor her information relevant to the propriety of taking judicial notice of amatter or to the tenor of the matter to be noticed.

      (b)   In determining the propriety of taking judicial notice of a matteror the tenor thereof, (1) the judge may consult and use any source ofpertinent information, whether or not furnished by a party; and (2) noexclusionary rule except a valid claim of privilege shall apply.

      (c)   If the information possessed by or readily available to the judge,whether or not furnished by the parties, fails to convince the judge that amatter falls clearly within K.S.A. 60-409, or if it is insufficient to enablehim or her to notice the matter judicially, he or she shall decline to takejudicial notice thereof.

      (d)   In any event the determination either by judicial notice or fromevidence of the applicability and the tenor of any matter of common law,constitutional law, or of any statute, private act, resolution, ordinanceor regulation falling within K.S.A. 60-409, shall be a matter for thejudge and not for the jury.

      History:   L. 1963, ch. 303, 60-410; Jan. 1, 1964.