60-467. Original document required as evidence; exceptions. - Kansas Statutes

60-467

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

      60-467.   Original document required as evidence; exceptions.(a) As tending to prove the content of a writing, no evidence other thanthe writing itself is admissible, except as otherwise provided in theserules, unless the judge finds that: (1) If the writing is atelefacsimile communication as defined in subsection (d) and is used by theproponent or opponent as the writing itself, such telefacsimilecommunication shall be considered as the writing itself; (2) (A) the writing is lost or has beendestroyed without fraudulent intent on the part of the proponent, (B)the writing is outside the reach of the court's process and notprocurable by the proponent, (C) the opponent, at a time when thewriting was under the opponent's control has beennotified, expressly or byimplication from the pleadings, that it would be needed at the hearing, andon request at the hearing has failed to produce it, (D) the writingis not closely related to the controlling issues and it would beinexpedient to require its production, (E) the writing is anofficial record, or is a writing affecting property authorized to berecorded and actually recorded in the public records as described inexception (s) of K.S.A. 60-460 and amendments thereto or (F) calculationsor summaries of content are called for as a result of an examination by a qualifiedwitness of multiple or voluminous writings, which cannot be convenientlyexamined in court, but the adverse party shall have had a reasonableopportunity to examine such records before trial, and such writings arepresent in court for use in cross-examination, or the adverse party haswaived their production, or the judge finds that their production isunnecessary.

      (b)   If the judge makes one of the findings specified in subsection (a),secondary evidence of the content of the writing isadmissible. If evidence is offered by the opponent tending to provethat (1) theasserted writing never existed, (2) a writing produced at the trialis the asserted writing or (3) the secondary evidence does notcorrectly reflect the content of the asserted writing, theevidence is irrelevant andinadmissible upon the question of admissibility of the secondary evidencebut is relevant and admissible upon the issues of the existence and contentof the asserted writing to be determined by the trier of fact.

      (c)   If the procedure specified by subsection (b) of K.S.A.60-245a, and amendments thereto, forproviding business records has been complied with and no party has requiredthe personal attendance of a custodian of the records or the production ofthe original records, the copy of the records produced shall not beexcluded under subsection (a).

      (d)   As used in this section, telefacsimile communication means the useof electronic equipment to send or transfer a copy of an original documentvia telephone lines.

      History:   L. 1963, ch. 303, 60-467;L. 1985, ch. 196, § 4;L. 1989, ch. 177, § 1; July 1.