60-412. (a) The failure or refusal of the judge to take judicial notice of a matter, or to instruct the trier of fact with respect to the matter, shall not preclude the judge from taking judicial notice of the matter in subsequent proceedings in the action.
(b) The rulings of the judge under K.S.A. 60-409, 60-410 and 60-411 are subject to review as are other rulings under the provisions of this article.
(c) The reviewing court in its discretion may take judicial notice of any matter specified in K.S.A. 60-409 whether or not judicially noticed by the judge.
(d) A judge or a reviewing court taking judicial notice under subsection (a) or (c) of this section of matter not theretofore so noticed in the action shall afford the parties reasonable opportunity to present information relevant to the propriety of taking such judicial notice and to the tenor of the matter to be noticed.
History: L. 1963, ch. 303, 60-412; January 1, 1964.
Law Review and Bar Journal References:
Subsection (b); survey of law of evidence, Spencer A. Gard, 12 K.L.R. 239, 242 (1963).
CASE ANNOTATIONS
1. Supreme Court judicially noticed offense charged occurred within district court's jurisdiction. 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. 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.
4. Mentioned; judicial notice taken. State v. Roy, 203 K. 606, 607, 455 P.2d 512.
5. Judicial notice of Kansas administrative regulations taken pursuant hereto. McAfee v. City of Garnett, 205 K. 269, 277, 469 P.2d 295.
6. Applied; school custodial personnel not covered by Fair Labor Standards Act. Razey v. Unified School District, 205 K. 551, 554, 470 P.2d 809.
7. 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).
8. Trial court did not err by failing to require evidence that law license required in state in 21-3824 prosecution. State v. Marino, 23 K.A.2d 106, 117, 929 P.2d 173 (1996).
9. Documents attached to states brief do not fall within K.S.A. 60-409, court cannot take judicial notice. Leffel v. Kansas Dept. of Revenue, 36 K.A.2d 244, 249, 138 P.3d 784 (2006).
10. Appellate court taking judicial notice of certain population data in criminal appeal case. State v. Schad, 41 K.A.2d 805, 206 P.3d 22 (2009).
11. 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).