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60-409. Facts which must or may be judicially noticed. (a) Judicial notice shall be taken without request by a party, of the common law, constitutions and public statutes in force in every state, territory and jurisdiction of the United States, and of such specific facts and propositions of generalized knowledge as are so universally known that they cannot reasonably be the subject of dispute.

(b) Judicial notice may be taken without request by a party, of (1) private acts and resolutions of the Congress of the United States and of the legislature of this state, and duly enacted ordinances and duly published regulations of governmental subdivisions or agencies of this state, and (2) the laws of foreign countries and (3) such facts as are so generally known or of such common notoriety within the territorial jurisdiction of the court that they cannot reasonably be the subject of dispute, and (4) specific facts and propositions of generalized knowledge which are capable of immediate and accurate determination by resort to easily accessible sources of indisputable accuracy.

(c) Judicial notice shall be taken of each matter specified in subsection (b) of this section if a party requests it and (1) furnishes the judge sufficient information to enable him or her properly to comply with the request and (2) has given each adverse party such notice as the judge may require to enable the adverse party to prepare to meet the request.

History: L. 1963, ch. 303, 60-409; January 1, 1964.

Source or prior law:

G.S. 1868, ch. 80, § 124; L. 1909, ch. 182, § 125; R.S. 1923, 60-744; L. 1947, ch. 321, §§ 1 through 3.

Law Review and Bar Journal References:

Survey of law of evidence, Spencer A. Gard, 12 K.L.R. 239, 241, 242 (1963).

"Expertise: The Expert and the Learned Treatise," Edward G. Collister, Jr., 17 K.L.R. 167, 175 (1968).

"Dubious Doctrines in Administrative Law," David L. Ryan and Edwin P. Carpenter, 11 W.L.J. 351, 367 (1972).

"Survey of Kansas Law: Civil Procedure," Jerry G. Elliott, 27 K.L.R. 185, 193 (1979).

"A Kansas Approach to Custodial Parent Move-Away Cases," Steve Leben and Megan Moriarty, 37 W.L.J. 497 (1998).

"Establishing Standards of Care and Conduct Through the Use of Guidelines and Regulations," Matthew L. Bretz, J.K.T.L.A. Vol. 23, No. 4, 12 (2000).

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-744, 60-2878 to 60-2880 and the 1961 Supp. thereto.

1. Under 60-412(c) Supreme Court may take judicial notice of any matter specified hereunder even if lower court did not. State v. Wolfe, 194 K. 697, 698, 401 P.2d 917.

2. Cited in holding appeal to involve moot question. Board of Education v. Vinson, 195 K. 666, 667, 408 P.2d 637.

3. Records of board of tax appeals and related departments may be judicially noticed. Board of County Commissioners v. Brookover, 198 K. 70, 76, 422 P.2d 906.

4. "Rap sheets" of FBI and KBI not subject for judicial notice. State v. Taylor, 198 K. 290, 299, 424 P.2d 612.

5. Purpose of section is to eliminate formal proof of undisputed facts. Van Welden v. Ramsay's Inc., 199 K. 417, 422, 423, 430 P.2d 298.

6. Judicial notice is of equal force and takes place of proof; notice taken of nature and effect of gasoline upon vegetation. Casey v. Phillips Pipeline Co., 199 K. 538, 552, 431 P.2d 518.

7. Where no request made of trial court to take judicial notice of tariffs, it is inappropriate to do so on appeal. Creason v. American Bridge, 384 F.2d 475, 478.

8. Mentioned; state-owned land held subject to special assessment for park (dissenting opinion). State, ex rel., v. City of Topeka, 201 K. 729, 738, 443 P.2d 240.

9. Applied; record and evidence examined; conviction of forgery upheld. State v. Young, 203 K. 296, 302, 454 P.2d 724.

10. Although no direct evidence that offense committed in county, court properly took judicial notice of location of city in which crime committed. State v. Neil, 203 K. 473, 454 P.2d 136.

11. Judicial notice taken of fact that city of Kansas City and Kansas University Medical Center are in Wyandotte County, Kansas. State v. Roy, 203 K. 606, 607, 455 P.2d 512.

12. Paragraph (3) of subsection (b) cited in holding venue proper. State v. Fleury, 203 K. 888, 891, 457 P.2d 44.

13. Judicial notice of Kansas administrative regulations taken pursuant hereto. McAfee v. City of Garnett, 205 K. 269, 277, 469 P.2d 295.

14. Cited; court upheld denial of overtime wages to school custodial personnel. Razey v. Unified School District, 205 K. 551, 555, 470 P.2d 809.

15. Cited; attempts to admit federal aviation agency reports discussed. Pacific Indemnity Co. v. Berge, 205 K. 755, 766, 473 P.2d 48.

16. Under the statute the court judicially recognizes that Kansas farm land is a valuable possession. In re Estate of Showers, 207 K. 268, 273, 485 P.2d 299.

17. Request to take judicial notice of cases filed pursuant to 79-2005; record insufficient to remand case to Board of Tax Appeals. Mobile Pipeline Co. v. Rohmiller, 214 K. 905, 929, 522 P.2d 923.

18. Judicial notice of installation buying by consumers taken under subsection (b) in holding unfair credit practices within the purview of the Act Against Discrimination. Kansas Commission on Civil Rights v. Sears, Roebuck & Co., 216 K. 306, 312, 532 P.2d 1263.

19. Failure to comply with paragraph (c) noted; court did not err in refusing to give requested instruction. Plains Transport of Kansas, Inc. v. Baldwin, 217 K. 2, 7, 535 P.2d 865.

20. Paragraph (b) applied; not error for court to take judicial notice of a municipal ordinance. State v. McKay, 217 K. 11, 14, 535 P.2d 945.

21. Applied; transporting players to scheduled intercollegiate games held proprietary function of university. Brown v. Wichita State University, 217 K. 279, 307, 540 P.2d 66. Affirmed, 219 K. 2, 4, 547 P.2d 1015.

22. Applied; contention concerning judicial notice without merit. In re Estate of Moore, 219 K. 719, 722, 549 P.2d 981.

23. Judicial notice taken of corporation commission's rules and regulations relating to plugging of gas wells. Lawson v. Reese Enterprises, Inc., 220 K. 300, 316, 553 P.2d 885.

24. Applied; contention that evidence failed to show offense occurred in county rejected; repeated evidence that scene of crime was city located in county. State v. Wilson & Wentworth, 221 K. 359, 362, 559 P.2d 374.

25. Where foundation not laid as required by this section, court not required to take judicial notice of annuity tables offered as exhibits. Gannaway v. Missouri-Kansas-Texas Rld. Co., 2 K.A.2d 81, 82, 575 P.2d 566.

26. Judicial notice of the Oregon felony statutes; not error. State v. Hoskins, 222 K. 436, 438, 565 P.2d 608.

27. Section not complied with; murder prosecution; not error to refuse instructions on manslaughter. State v. Cates, 223 K. 724, 728, 576 P.2d 657.

28. Trial court could take judicial notice of city located in county in which offense occurred; conviction under 21-3411 affirmed. State v. Deutscher, 225 K. 265, 272, 589 P.2d 620.

29. Subsection (b)(3) mentioned; evidence relied upon by trial court in its findings of fact could have been judicially noticed hereunder. Combined Investment Co. v. Board of Butler County Comm'rs, 227 K. 17, 25, 605 P.2d 533.

30. The character or reputation of a particular individual is not a proper subject for judicial notice. Weigand v. Union Nat'l Bank of Wichita, 227 K. 747, 755, 610 P.2d 572.

31. A point not raised before or during trial cannot be raised on first time on appeal. State v. Thomas, 6 K.A.2d 925, 928, 931, 932, 636 P.2d 807 (1981).

32. No proof required that rape victim was not spouse where victim's age made it obvious. State v. Lilley, 231 K. 694, 697, 647 P.2d 1323 (1982).

33. No error in court's consideration of prior juvenile proceedings without advance notice. State v. Lowe, 238 K. 755, 759, 715 P.2d 404 (1986).

34. Cited; failure to advise about expungement rights (21-4619) and appeal rights (38-1681) when defendant no longer "juvenile offender" (38-1602(b)(3)) examined. Reubke v. State, 11 K.A.2d 353, 354, 720 P.2d 1141 (1986).

35. Courts should take judicial notice of federal administrative regulations as published in the Federal Register. Fasse v. Lower Heating & Air Conditioning, Inc., 241 K. 387, 393, 394, 736 P.2d 930 (1987).

36. Cited; second severance proceeding (38-1581 et seq.), changed circumstances, inapplicability of res judicata and collateral estoppel examined. In re A.S., 12 K.A.2d 594, 598, 752 P.2d 705 (1988).

37. Nothing within statute authorizes a court to take judicial notice of contested factual findings of another court. Jones v. Bordman, 243 K. 444, 459, 759 P.2d 953 (1988).

38. Cited; judicial notice of city ordinances indicating nonconforming use of property as invalid examined. Goodwin v. City of Kansas City, 244 K. 28, 30, 31, 766 P.2d 177 (1988).

39. Foundation requirements of future damages discussed. Laterra v. Treaster, 17 K.A.2d 714, 729, 844 P.2d 724 (1992).

40. Whether plaintiffs must request federal court to take notice of specific municipal ordinances relied on examined. H. Wayne Palmer and Assoc. v. Heldor Industries, 839 F.Supp. 770, 775 (1993).

41. Cited; an attested copy of a record of a Kansas court is competent evidence. In re Estate of Anderson, 19 K.A.2d 116, 120, 865 P.2d 1037 (1994).

42. Whether judge's erroneous adoption of another district court case by judicial notice is reversible error examined. Catholic Housing Services, Inc. v. State Dept. of SRS, 256 K. 470, 476, 886 P.2d 835 (1994).

43. Whether judge's error in failing to take judicial notice of municipal ordinances was harmless error examined. City of Wichita v. Rice, 20 K.A.2d 370, 376, 889 P.2d 789 (1995).

44. Reviewing court may use judicial notice of federal public statutes to determine if crime is a felony. State v. Humphrey, 258 K. 372, 373, 905 P.2d 664 (1995).

45. Appellate court may take judicial notice of time at which sunset occurred. Martin v. Kansas Dept. of Revenue, 38 K.A.2d 1, 6, 163 P.3d 313 (2007).

46. Cited by dissenting opinion regarding judicial notice that marijuana grows wild in Kansas. State v. Mell, 39 K.A.2d 471, 511, 182 P.3d 1 (2008).

47. District court upheld in its refusal to take judicial notice of certain facts based on relevancy. Central Natural Resources v. Davis Operating Co., 288 K. 234, 201 P.3d 680 (2009).

48. Trial court held to have improperly taken judicial notice of experience of a medical assistant. State v. Stegman, 41 K.A.2d 568, 203 P.3d 52 (2009).

49. Judicial notice of distance between trial court and imprisoned father taken by appellate court. In re Adoption of B.J.M., 42 K.A.2d 77, 209 P.3d 200 (2009).

50. Court may take judicial notice of statistics maintained by a state agency. Gannon v. State, 305 Kan. 850, 871-72, 390 P.3d 461 (2017).


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