Kansas Mock Trial Rules

Midwest

KS · Capital: Topeka

Evidence Rules

Kansas Code of Civil Procedure — Evidence

Citation: Kan. Stat. Ann. ch. 60, Art. 4 (K.S.A. §§ 60-401 et seq.)

Key Differences from Federal Rules of Evidence

Kansas evidence law is statutory rather than rule-based, codified in K.S.A. ch. 60 rather than a separate rules of evidence
Kansas applies a Daubert-like reliability standard for expert testimony under K.S.A. § 60-456, adopted after the Kansas Supreme Court moved away from Frye in 2014
Kansas hearsay exceptions in K.S.A. § 60-460 differ structurally from FRE, using lettered subsections rather than numbered rules

Notable Rules

Rule	Description
K.S.A. § 60-456(b)	Expert opinion admissibility requires the opinion to be based on facts within personal knowledge or admitted into evidence, following Frye general acceptance
K.S.A. § 60-455	Prior crimes evidence admissible only to prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake—with mandatory limiting instruction
K.S.A. § 60-460(d)	Spontaneous statements exception is broader than FRE 803(1)-(2), covering statements made under stress of an exciting event or while perceiving an event

Trial Procedure

Civil Procedure

Kansas Code of Civil Procedure (K.S.A. ch. 60)

Criminal Procedure

Kansas Code of Criminal Procedure (K.S.A. ch. 22)

Key Features

Kansas District Courts serve as the sole trial courts of general jurisdiction across 31 judicial districts
Kansas uses a bifurcated sentencing system under the Kansas Sentencing Guidelines Grid
Attorney-conducted voir dire is standard, with the court posing initial questions

Jury Rules

Civil Jury Size

Criminal Jury Size

Unanimity Required

Civil juries consist of 6 jurors; verdict requires agreement of 5 of 6 jurors
Criminal felony juries require 12 jurors with unanimous verdict for conviction
Misdemeanor cases may be tried with 6 jurors under K.S.A. § 22-3403

Special Features

Statutory Evidence Code

Unlike most states that adopt a separate set of rules of evidence, Kansas integrates its evidence law into the Code of Civil Procedure (K.S.A. ch. 60), making it unique in structure and citation

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