60-412. Judicial notice in proceedings subsequent to trial.

60-412

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

      60-412.   Judicial notice in proceedings subsequent to trial.(a) The failure or refusal of the judge to take judicial notice of amatter, or to instruct the trier of fact with respect to the matter, shallnot preclude the judge from taking judicial notice of the matter insubsequent proceedings in the action.

      (b)   The rulings of the judge under K.S.A. 60-409, 60-410 and 60-411are subject to review as are other rulings under the provisions of thisarticle.

      (c)   The reviewing court in its discretion may take judicial notice ofany matter specified in K.S.A. 60-409 whether or not judicially noticed bythe judge.

      (d)   A judge or a reviewing court taking judicial notice under subsection(a) or (c) of this section of matter not theretofore so noticed in theaction shall afford the parties reasonable opportunity to presentinformation relevant to the propriety of taking such judicial notice and tothe tenor of the matter to be noticed.

      History:   L. 1963, ch. 303, 60-412; Jan. 1, 1964.