CHAPTER 103 HOUSE BILL No. 2854
      An Act concerning civil procedure; relating to the rules of evidence; concerning the au-
      thentication of copies of records; amending K.S.A. 60-465 and repealing the existing
      section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 60-465 is hereby amended to read as follows: 60-
465. A writing purporting to be a copy of an official record or of an entry
therein, meets the requirements of authentication if (1) the judge finds
that the writing purports to be published by authority of the nation, state
or subdivision thereof, in which the record is kept; or (2) or evidence has
been introduced sufficient to warrant a finding that the writing is a correct
copy of the record or entry; or (3). Extrinsic evidence of authenticity as
a condition precedent to admissibility is not required if: (1) The office in
which the record is kept is within this state and the writing is attested as
a correct copy of the record or entry by a person purporting to be an
officer, or a deputy of an officer, having the legal custody of the record;
or (4) if (2) the office in which the record is kept is within the United
States or territory or insular possession subject to the dominion of the
United States and the writing is attested to as required in clause (1) and
authenticated by seal of the office having custody or, if that office has no
seal, by a public officer having a seal and having official duties in the
district or political subdivision in which the records are kept who certifies
under seal that such officer has custody; or (3) the office in which the
record is kept is in a foreign state or country, the writing is attested as
required in clause (1) and is accompanied by a certificate that such officer
has the custody of the record is not within the state, the writing is attested
as required in clause (3) of this section and is accompanied by a certificate
that such officer has the custody of the record. If the office in which the
record is kept is within the United States or within a territory or insular
possession subject to the dominion of the United States, the certificate
may be made by a judge of a court of record of the district or political
subdivision in which the record is kept, authenticated by the seal of the
court, or may be made by any public officer having a seal of office and
having official duties in the district or political subdivision in which the
record is kept, authenticated by the seal of the office. If the office in
which the record is kept is in a foreign state or country, the which cer-
tificate may be made by a secretary of an embassy or legation, consul
general, consul, vice-consul, or consular agent or by any officer in the
foreign service of the United States stationed in the foreign state or coun-
try in which the record is kept, and authenticated by the seal of that office.

Sec. 2. K.S.A. 60-465 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 10, 1998

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