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Minutes for SB122 - Committee on Judiciary

Short Title

Modifying certain rules of evidence in the code of civil procedure related to authentication of records and documents.

Minutes Content for Tue, Mar 23, 2021

Chairperson Patton opened the hearing on SB122.  Natalie Scott provided an overview of the bill. Ms. Scott addressed questions. (Attachment 1)

Professor James M. Concannon on behalf of the Kansas Judicial Council testified in support of SB122(Attachment 2) Professor Concannon explained the background of the Kansas Rules of Evidence originally proposed by a Judicial Council Advisory Committee and were adopted by the Legislature in 1963. Kansas adopted its Rules of Evidence, the Federal Rules of Evidence did not yet exist as those Rules were not adopted until 1975. Professor Concannon discussed the Original Writing or "Best Evidence" Rule. Professor Concannon reviewed how the definition of original and duplicate has changed as a result of changes in technology. The Evidence Advisory Committee has spelled out and suggested amendments to current statute. The members of the Civil Code and Criminal Law Advisory Committees who served on the ad hoc Advisory Committee on Evidence are listed in Professor Concannon's attached testimony.

Professor Concannon stood for questions.

Chairperson Patton closed the hearing on SB122.