60-401. Definitions.
60-401
60-401. Definitions.As used in this article unless the context otherwise requires:
(a) "Evidence" is the means from which inferences may be drawn as abasis of proof in duly constituted judicial or fact-finding tribunals, andincludes testimony in the form of opinion, and hearsay.
(b) "Relevant evidence" means evidence having any tendency in reason toprove any material fact.
(c) "Proof" is all of the evidence before the trier of the fact relevantto a fact in issue which tends to prove the existence or non-existence ofsuch fact.
(d) "Burden of proof" means the obligation of a party to meet therequirements of a rule of law that the fact be proven either by apreponderance of the evidence or by clear and convincing evidence or beyonda reasonable doubt, as the case may be. Burden of proof is synonymous with"burden of persuasion."
(e) "Burden of producing evidence" means the obligation of a party tointroduce evidence when necessary to avoid the risk of a directed verdictor peremptory finding against him or her on a material issue of fact.
(f) "Conduct" includes all active and passive behavior, both verbal andnonverbal.
(g) "The hearing" unless some other is indicated by the context of therule where the term is used, means the hearing at which the question undera rule is raised, and not some earlier or later hearing.
(h) "Finding of fact" means the determination from proof or judicialnotice of the existence of a fact as a basis for a ruling on evidence. Aruling implies a supporting finding of fact.
(i) "Guardian" means guardian as defined by K.S.A. 77-201(32nd) and also includes the person, committee, or other representativeauthorized by the law of any other jurisdiction to protect the person of anyindividual under disability imposed by law.
(j) "Judge" means member or members or representative or representativesof a court conducting a trial or hearing at which evidence is introduced.
(k) "Trier of fact" includes a jury, or a judge when he or she is tryingan issue of fact other than one relating to the admissibility of evidence.
(l) "Verbal" includes both oral and written words.
(m) "Writing" means handwriting, typewriting, printing, photostating,photographing and every other means of recording upon any tangible thingany form or communication or representation, including letters, words,pictures, sounds, or symbols, or combinations thereof.
(n) "Conservator" means conservator as defined by K.S.A.77-201 (34th) and also includes the person, committee, or other representativeauthorized by the law of any other jurisdiction to protect the property orestate of any individual under disability imposed by law.
History: L. 1963, ch. 303, 60-401; L. 1965, ch.354, § 6; Jan. 1, 1966.