(a) Form and admissibility. At trial, the witness' testimony must be taken in open court, unless otherwise provided by law. For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.
K.S.A. 60-243.Testimony of witnesses; evidence
Last amended July 1, 2010 · Last verified July 28, 2026
In one sentenceK.S.A. 60-243 requires trial testimony in open court absent good cause for remote transmission, sets rules for leading and adverse-witness examination, preserves excluded evidence through offers of proof, allows affidavits or depositions on motions, and lets the court appoint a compensated interpreter.
Full Text of K.S.A. 60-243
(b) Scope of examination and cross-examination. A party may examine any unwilling or hostile witness by leading questions. A party may call an adverse party or an officer, director or managing agent of a public or private corporation, a partnership or an association that is an adverse party, may examine the witness by leading questions and may contradict and impeach the witness as if the witness had been called by the adverse party. The witness may be contradicted and impeached by the adverse party, but may be cross-examined only on the subject matter of the witness' direct examination.
(c) Record of excluded evidence. In a jury trial, if an objection to a question to a witness is sustained, the examining attorney may make a specific offer of what the examining attorney expects to prove by the witness' answer. The offer must be made out of the jury's hearing. The court may add any further statement that clearly shows the character of the evidence, the form in which it was offered, the objection made and the ruling on the objection. In nonjury trials the same procedure may be followed, except that the court on request must take and report the evidence in full unless it clearly appears that the evidence is not admissible or is privileged.
(d) Evidence on a motion. When a motion relies on facts outside the record, the court may hear the matter on affidavits or on declarations pursuant to K.S.A. 53-601, and amendments thereto, or may hear it wholly or partly on oral testimony or on depositions.
(e) Interpreter. In accordance with K.S.A. 75-4351 through 75-4355d, and amendments thereto, the court may appoint an interpreter of its choosing; fix reasonable compensation to be paid from funds provided by law or, subject to the limitations in K.S.A. 75-4352 and 75-4355b, and amendments thereto, by one or more parties and tax the compensation as costs.
Amendment History
L. 1963, ch. 303, 60-243; amended by Supreme Court order dated July 17, 1969; L. 1997, ch. 173, § 23; L. 2010, ch. 135, § 112; July 1.
Plain-English Summary
Subsection (a) starts from a default: witness testimony at trial must be taken in open court unless the law says otherwise. The court can depart from that only for good cause in compelling circumstances, and only with appropriate safeguards, by permitting testimony through contemporaneous transmission from another location. Subsection (b) covers how witnesses get examined. A party may put leading questions to an unwilling or hostile witness, and may do the same to an adverse party or to an officer, director, or managing agent of a corporation, partnership, or association that is an adverse party -- treating and impeaching that witness as if the opposing side had called them. The witness can be contradicted and impeached by the adverse party too, but cross-examination is limited to the subject matter of the direct examination.
Subsection (c) protects a record for appeal when evidence gets excluded. In a jury trial, if the court sustains an objection to a question, the examining attorney can make a specific offer of what the answer would have shown, made out of the jury's hearing, and the court may add its own statement describing the evidence, how it was offered, the objection, and the ruling. Nonjury trials follow the same approach, except the court must take and report the evidence in full on request, unless it's clearly inadmissible or privileged.
Subsection (d) lets the court resolve a motion that turns on facts outside the record using affidavits, declarations, oral testimony, or depositions, in whatever combination fits the situation. Subsection (e) authorizes the court to appoint an interpreter of its choosing and to fix reasonable compensation, paid from public funds or, within statutory limits, by one or more parties, with the compensation taxed as costs.
Frequently Asked Questions
Can a witness testify remotely instead of appearing in court?
Only in limited circumstances. Subsection (a) requires testimony in open court unless another law provides otherwise, and allows contemporaneous remote transmission only for good cause in compelling circumstances, with appropriate safeguards.
When can I ask a witness leading questions at trial?
Subsection (b) allows leading questions for an unwilling or hostile witness, and for an adverse party or an officer, director, or managing agent of a corporate or similar adverse party, who can then be contradicted and impeached as if called by the opposing side.
How do I preserve evidence for appeal after the judge excludes it?
Subsection (c) lets the examining attorney make a specific offer of proof out of the jury's hearing describing what the excluded answer would have shown, and the court may add its own statement about the evidence, the offer, and the ruling.
Is cross-examination limited to what came up on direct examination?
Yes. Subsection (b) allows cross-examination of a witness who has been contradicted and impeached only on the subject matter covered during that witness' direct examination.
Who pays for a court-appointed interpreter?
Subsection (e) lets the court fix reasonable compensation for an interpreter it appoints, payable from funds provided by law or, subject to statutory limits, by one or more parties, and the compensation can be taxed as costs.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
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