Kansas Statutes 60-439. Reference to exercise of privilege; presumption and adverse inference not permitted
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Terms Used In Kansas Statutes 60-439
- 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
- Testify: Answer questions in court.
- Trier of fact: includes a jury, or a judge when he or she is trying an issue of fact other than one relating to the admissibility of evidence. See Kansas Statutes 60-401
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.