60-243.Evidence.(a) Form and admissibility. In all trials the testimony ofwitnesses shall be taken orally in open court, unless otherwise provided bythis article. All evidence shall be admitted which is admissible underspecific statutes or article 4 of this chapter. The competency of a witnessto testify shall be determined in like manner.
(b) Scope of examination and cross-examination. A party mayinterrogate any unwilling or hostile witness by leading questions. A partymay call an adverse party or an officer, director, or managing agent of apublic or private corporation or of a partnership or association which isan adverse party, and interrogate such witness by leadingquestions and contradict such witness and impeach such witness inall respects as if such witness had been called by the adverseparty, and the witness thus called may be contradicted and impeached by oron behalf of the adverse party also, and may be cross-examined by theadverse party only upon the subject matter of such witness'examination in chief.
(c) Record of excluded evidence. In an action tried by a jury, ifan objection to a question propounded to a witness is sustained by thecourt, the examining attorney may make a specific offer of what theexamining attorney expectsto prove by the answer of the witness. The offer shall be made out of thehearing of the jury. The court may add such other or further statement asclearly shows the character of the evidence, the form in which it wasoffered, the objection made, and the ruling thereon. In actions triedwithout a jury the same procedure may be followed, except that the courtupon request shall take and report the evidence in full, unless it clearlyappears that the evidence is not admissible on any ground or that thewitness is privileged.
(d) Evidence on motions. When a motion is based on facts notappearing of record the court may hear the matter on affidavits presentedby the respective parties, but the court may direct that the matter beheard wholly or partly on oral testimony or depositions.
(e) Interpreters. In accordance with K.S.A. 75-4351 through 75-4355dand amendments thereto, the court may appoint an interpreter of its ownselection and fix the interpreter's reasonable compensation. The compensation shallbe paid out of funds provided by law or, subject to the limitations in K.S.A.75-4352 and 75-4355b and amendments thereto, by one or more of the parties asthe court may direct, and may be taxed ultimately as costs, in the discretionof the court.
History: L. 1963, ch. 303, 60-243; amended by SupremeCourt order dated July 17, 1969;L. 1997, ch. 173, § 23; July 1.
60-243.Evidence.(a) Form and admissibility. In all trials the testimony ofwitnesses shall be taken orally in open court, unless otherwise provided bythis article. All evidence shall be admitted which is admissible underspecific statutes or article 4 of this chapter. The competency of a witnessto testify shall be determined in like manner.
(b) Scope of examination and cross-examination. A party mayinterrogate any unwilling or hostile witness by leading questions. A partymay call an adverse party or an officer, director, or managing agent of apublic or private corporation or of a partnership or association which isan adverse party, and interrogate such witness by leadingquestions and contradict such witness and impeach such witness inall respects as if such witness had been called by the adverseparty, and the witness thus called may be contradicted and impeached by oron behalf of the adverse party also, and may be cross-examined by theadverse party only upon the subject matter of such witness'examination in chief.
(c) Record of excluded evidence. In an action tried by a jury, ifan objection to a question propounded to a witness is sustained by thecourt, the examining attorney may make a specific offer of what theexamining attorney expectsto prove by the answer of the witness. The offer shall be made out of thehearing of the jury. The court may add such other or further statement asclearly shows the character of the evidence, the form in which it wasoffered, the objection made, and the ruling thereon. In actions triedwithout a jury the same procedure may be followed, except that the courtupon request shall take and report the evidence in full, unless it clearlyappears that the evidence is not admissible on any ground or that thewitness is privileged.
(d) Evidence on motions. When a motion is based on facts notappearing of record the court may hear the matter on affidavits presentedby the respective parties, but the court may direct that the matter beheard wholly or partly on oral testimony or depositions.
(e) Interpreters. In accordance with K.S.A. 75-4351 through 75-4355dand amendments thereto, the court may appoint an interpreter of its ownselection and fix the interpreter's reasonable compensation. The compensation shallbe paid out of funds provided by law or, subject to the limitations in K.S.A.75-4352 and 75-4355b and amendments thereto, by one or more of the parties asthe court may direct, and may be taxed ultimately as costs, in the discretionof the court.
History: L. 1963, ch. 303, 60-243; amended by SupremeCourt order dated July 17, 1969;L. 1997, ch. 173, § 23; July 1.
60-243.Evidence.(a) Form and admissibility. In all trials the testimony ofwitnesses shall be taken orally in open court, unless otherwise provided bythis article. All evidence shall be admitted which is admissible underspecific statutes or article 4 of this chapter. The competency of a witnessto testify shall be determined in like manner.
(b) Scope of examination and cross-examination. A party mayinterrogate any unwilling or hostile witness by leading questions. A partymay call an adverse party or an officer, director, or managing agent of apublic or private corporation or of a partnership or association which isan adverse party, and interrogate such witness by leadingquestions and contradict such witness and impeach such witness inall respects as if such witness had been called by the adverseparty, and the witness thus called may be contradicted and impeached by oron behalf of the adverse party also, and may be cross-examined by theadverse party only upon the subject matter of such witness'examination in chief.
(c) Record of excluded evidence. In an action tried by a jury, ifan objection to a question propounded to a witness is sustained by thecourt, the examining attorney may make a specific offer of what theexamining attorney expectsto prove by the answer of the witness. The offer shall be made out of thehearing of the jury. The court may add such other or further statement asclearly shows the character of the evidence, the form in which it wasoffered, the objection made, and the ruling thereon. In actions triedwithout a jury the same procedure may be followed, except that the courtupon request shall take and report the evidence in full, unless it clearlyappears that the evidence is not admissible on any ground or that thewitness is privileged.
(d) Evidence on motions. When a motion is based on facts notappearing of record the court may hear the matter on affidavits presentedby the respective parties, but the court may direct that the matter beheard wholly or partly on oral testimony or depositions.
(e) Interpreters. In accordance with K.S.A. 75-4351 through 75-4355dand amendments thereto, the court may appoint an interpreter of its ownselection and fix the interpreter's reasonable compensation. The compensation shallbe paid out of funds provided by law or, subject to the limitations in K.S.A.75-4352 and 75-4355b and amendments thereto, by one or more of the parties asthe court may direct, and may be taxed ultimately as costs, in the discretionof the court.
History: L. 1963, ch. 303, 60-243; amended by SupremeCourt order dated July 17, 1969;L. 1997, ch. 173, § 23; July 1.
