Kansas Statutes Annotated
Updated Through the 2013 Legislative Session

Previous
Statute Number:60-439
Chapter Title:PROCEDURE, CIVIL
Article Title:RULES OF EVIDENCE
Tax Type:All
Brief Description:Reference to exercise of privilege; presumption and
adverse inference not permitted.
Keywords:


Body:

60-439. Reference to exercise of privilege; presumption and adverse inference not permitted. If a privilege is exercised not to testify or to prevent another from testifying, either in the action or with respect to particular matters, or to refuse to disclose or to prevent another from disclosing any matter, the judge and counsel may not comment thereon, no presumption shall arise with respect to the exercise of the privilege, and the trier of fact may not draw any adverse inference therefrom. In those jury cases wherein the right to exercise a privilege, as herein provided, may be misunderstood and unfavorable inferences drawn by the trier of the fact, or may be impaired in the particular case, the court, at the request of the party exercising the privilege, may instruct the jury in support of such privilege.
History: L. 1963, ch. 303, 60-439; L. 1967, ch.323, 1; July 1.


Date Composed: 04/04/2011 Date Modified: 04/04/2011

Previous