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Current as of January 01, 2023 | Updated by FindLaw Staff
If a privilege is exercised not to testify or to prevent another from testifying, either in the action or with respect to particular matters, or to refuse to disclose or to prevent another from disclosing any matter, the judge and counsel may not comment thereon, no presumption shall arise with respect to the exercise of the privilege, and the trier of fact may not draw any adverse inference therefrom. In those jury cases wherein the right to exercise a privilege, as herein provided, may be misunderstood and unfavorable inferences drawn by the trier of the fact, or may be impaired in the particular case, the court, at the request of the party exercising the privilege, may instruct the jury in support of such privilege.
Cite this article: FindLaw.com - Kansas Statutes Chapter 60. Procedure, Civil § 60-439. Reference to exercise of privilege; presumption and adverse inference not permitted - last updated January 01, 2023 | https://codes.findlaw.com/ks/chapter-60-procedure-civil/ks-st-sect-60-439/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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