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Terms Used In Kansas Statutes 60-408

  • Burden of producing evidence: means the obligation of a party to introduce evidence when necessary to avoid the risk of a directed verdict or peremptory finding against him or her on a material issue of fact. See Kansas Statutes 60-401
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Judge: means member or members or representative or representatives of a court conducting a trial or hearing at which evidence is introduced. See Kansas Statutes 60-401
  • Proof: is a ll of the evidence before the trier of the fact relevant to a fact in issue which tends to prove the existence or non-existence of such fact. See Kansas Statutes 60-401

When the qualification of a person to be a witness, or the admissibility of evidence, or the existence of a privilege is stated in this article to be subject to a condition, and the fulfillment of the condition is in issue, the issue is to be determined by the judge, and he or she shall indicate to the parties which one has the burden of producing evidence and the burden of proof on such issue as implied by the section under which the question arises. The judge may hear and determine such matters out of the presence or hearing of the jury, except that on the admissibility of a confession of the accused in a criminal case, the judge, if requested, shall hear and determine the question out of the presence and hearing of the jury. But this section shall not be construed to limit the right of a party to introduce before the jury evidence relevant to weight or credibility.