60-456. Testimony in form of opinion. - Kansas Statutes

60-456

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

      60-456.   Testimony in form of opinion.(a) If the witness is not testifying as an expert his or her testimony in theform of opinions or inferences is limited to such opinions or inferences asthe judge finds (a) may be rationally based on the perception of thewitness and (b) are helpful to a clearer understanding of his or her testimony.

      (b)   If the witness is testifying as an expert, testimony of the witnessin the form of opinions or inferences is limited to such opinions as thejudge finds are (1) based on facts or data perceived by or personally knownor made known to the witness at the hearing and (2) within the scope of thespecial knowledge, skill, experience or training possessed by the witness.

      (c)   Unless the judge excludes the testimony he or she shall be deemedto have made the finding requisite to its admission.

      (d)   Testimony in the form of opinions or inferences otherwise admissibleunder this article is not objectionable because it embraces the ultimateissue or issues to be decided by the trier of the fact.

      History:   L. 1963, ch. 303, 60-456; Jan. 1, 1964.