Printable Format60-461. Discretion of judge under exception to exclude evidence. Any writing admissible under exceptions (o), (p), (q) and (ee) of K.S.A. 60-460, and amendments thereto, shall be received only if the party offering such writing has delivered a copy of it or so much as may relate to the controversy, to each adverse party a reasonable time before trial unless the judge finds that such adverse party has not been unfairly surprised by the failure to deliver such copy.
History: L. 1963, ch. 303, 60-461; L. 1988, ch. 211, ยง 10; July 1.
CASE ANNOTATIONS
1. Admission of authenticated copies of journal entries of prior convictions of felony proper; defendant subject to Kansas habitual criminal act. State v. Lewis, 195 Kan. 389, 395, 405 P.2d 796.
2. Records were not sent to opposing counsel as required hereunder; case decided on other grounds. Pacific Indemnity Co. v. Berge, 205 Kan. 755, 764, 473 P.2d 48.
3. Applied in determining K.S.A. 60-460 inapplicable to support finding by court of ownership of automobile. Motors Insurance Corporation v. Richardson, 220 Kan. 288, 290, 552 P.2d 894.
4. Copies of automobile titles not furnished as provided herein, not challenged at trial; cannot be reversed on appeal. State v. Kliewer, 210 Kan. 820, 824, 825, 504 P.2d 580.