{"data":{"id":"us-ks/k.s.a.-60-426a","jurisdiction":"us-ks","citation":"K.S.A. 60-426a","heading":"Attorney-client privilege and work product; limitations on waiver.","body":"The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the attorney-client privilege or work-product protection.\n(a) Disclosure made in a court or agency proceeding; scope of waiver. When the disclosure is made in a court or agency proceeding and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication or information in any proceeding only if:\n(1) The waiver is intentional;\n(2) the disclosed and undisclosed communications or information concern the same subject matter; and\n(3) they ought in fairness be considered together.\n(b) Inadvertent disclosure . When made in a court or agency proceeding, the disclosure does not operate as a waiver in any proceeding if:\n(1) The disclosure is inadvertent;\n(2) the holder of the privilege or protection took reasonable steps to prevent disclosure; and\n(3) the holder promptly took reasonable steps to rectify the error, including, if applicable, following subsection (b)(7)(B) of K.S.A. 60-226, and amendments thereto.\n(c) Disclosure made in a non-Kansas proceeding . When the disclosure is made in a non-Kansas proceeding and is not the subject of a court order concerning waiver, the disclosure does not operate as a waiver in a Kansas proceeding if the disclosure:\n(1) Would not be a waiver under this section if it had been made in a Kansas proceeding; or\n(2) is not a waiver under the law of the jurisdiction where the disclosure occurred.\n(d) Controlling effect of a court order . A court may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court, in which event the disclosure is also not a waiver in any other proceeding.\n(e) Controlling effect of a party agreement . An agreement on the effect of disclosure in a proceeding is binding only on the parties to the agreement, unless it is incorporated into a court order.\n(f) Definitions . As used in this section:\n(1) \"Attorney-client privilege\" means the protection that applicable law provides for confidential attorney-client communications.\n(2) \"Work-product protection\" means the protection that applicable law provides for tangible material, or its intangible equivalent, prepared in anticipation of litigation or for trial.","path":["Chapter 60.—PROCEDURE, CIVIL","Article 4.—RULES OF EVIDENCE"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch60/060_004_0026a.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-10-15T06:22:11Z","sha256":"86860c30919156521f7fc886760b5865370bacbfb77540e53d8241121fa58519","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-60-426","next":"us-ks/k.s.a.-60-427"},"notice":"GroundRules: Original legal text. Not legal advice."}