60-459. Definitions.
60-459
60-459. Definitions.As used in K.S.A. 60-460, its exceptions and in this section:
(a) "Statement" means not only an oral or written expression but alsononverbal conduct of a person intended by him or her as a substitute forwords in expressing the matter stated.
(b) "Declarant" is a person who makes a statement.
(c) "Perceive" means acquire knowledge through one's own senses.
(d) "Public official" of a state or territory of the United Statesincludes an official of a political subdivision of such state or territoryand of a municipality.
(e) "State" includes the District of Columbia.
(f) "A business" as used in exception K.S.A. 60-460 (m) shall includeevery kind of business, profession, occupation, calling or operation ofinstitutions, whether carried on for profit or not.
(g) "Unavailable as a witness" includes situations where the witness is(1) exempted on the ground of privilege from testifying concerning thematter to which his or her statement is relevant, or (2) disqualified fromtestifying to the matter, or (3) unable to be present or to testify at thehearing because of death or then existing physical or mental illness, or(4) absent beyond the jurisdiction of the court to compel appearance by itsprocess, or (5) absent from the place of hearing because the proponent ofhis or her statement does not know and with diligence has been unable toascertain his or her whereabouts.
But a witness is not unavailable (1) if the judge finds that his or herexemption, disqualification, inability or absence is due to procurement orwrongdoing of the proponent of his or her statement for the purpose ofpreventing the witness from attending or testifying, or to the culpableneglect of such party, or (2) if unavailability is claimed under clause (4)of the preceding paragraph and the judge finds that the deposition of thedeclarant could have been taken by the exercise of reasonable diligence andwithout undue hardship, and that the probable importance of the testimonyis such as to justify the expense of taking such deposition.
History: L. 1963, ch. 303, 60-459; Jan. 1, 1964.