Printable Format60-416. Burden of proof not relaxed as to some presumptions. A presumption, which by a rule of law may be overcome only by proof beyond a reasonable doubt, or by clear and convincing evidence, shall not be affected by K.S.A. 60-414 or 60-415 and the burden of proof to overcome it continues on the party against whom the presumption operates.
History: L. 1963, ch. 303, 60-416; January 1, 1964.
Law Review and Bar Journal References:
Discussed in survey of law of evidence, Spencer A. Gard, 12 K.L.R. 239, 242 (1963).
"Some Observations on the Kansas Product Liability Act (Part I)," William Edward Westerbeke, 53 J.K.B.A. 296 (1984).
"Will Contests in Kansas," Dennis M. Feeney & Jeffery L. Carmichael, 64 J.K.B.A. No. 7, 22, 30 (1995).
CASE ANNOTATIONS
1. General presumption that a law enforcement officer will act properly in the amount and type of force used in making arrest. Dauffenbach v. City of Wichita, 233 K. 1028, 1034, 667 P.2d 380 (1983).
2. Mentioned, burden of proof not relaxed where a presumption must be overcome by proof beyond a reasonable doubt. State v. Hunt, 285 K.A.2d 855, 863, 176 P.3d 185 (2008).