Kansas Statutes 60-4916. Same; discovery
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Terms Used In Kansas Statutes 60-4916
- Asbestos: means all minerals defined as asbestos in 29 C. See Kansas Statutes 60-4901
- Asbestos claim: means any claim for damages, losses, indemnification, contribution or other relief arising out of, based on, or in anyway related to inhalation of, exposure to, ingestion of, or contact with asbestos. See Kansas Statutes 60-4901
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(a) Trust claim materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos claim. A claim of privilege does not apply to any trust claim materials or trust governance documents.
(b) A defendant in an asbestos claim may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant.