Handbook for Official Court Reporters - Kansas Judicial Branch

3. Civil Jury Trial
a. Read back. When the jury requests testimony on a certain subject,
objection cannot be sustained on ground that all of the testimony of the
witness was not read in the absence of the jury's request to have the entire
testimony read. Jacks v. C/oughley, 203 Kan. 699, Syl. ~ 3, 457 P.2d 175
(1969).
b. Verdict Form and Polling of Jury. If agreement of the required
number of jurors is expressed after the verdict is read to the jury and no
party requires the jurors to be polled individually, the verdict is complete
and the jury discharged. See K.S.A. 60-248(g).
If a party required the jurors to be polled individually, the clerk or judge
should call each juror's name and ask the juror to answer the following
question "yes'' or ··no:" ··Do you agree that the verdict read by the
(clerk/judge) was the verdict of(l2) (11) (10) members ofthejuryT'
4. Criminal Jury Trial
a. Readback. The defendant must be present, unless voluntarily absent.
K.S.A. 22-3420(3).
"It has long been established by this court that if the jury requests the trial
court to have the testimony of any witness read to them, it is proper for the
court to require the official court reporter to do so in the presence of the
parties to the action. [Citations omitted.] We cannot assign as error the
failure of the trial court to cause defendant's testimony to be read when not
requested bythejury." State v. Andrews, 218 Kan. 156, 161-162,542
P.2d 325 (1975).
"[A] readback of particular testimony of a witness requested by a jury in
either a civil or a criminal case does not require that in addition there must
be readback of all other testimony of that witness:· State v. Gilley, 5 Kan.
App. 2d 321,323,615 P.2d 827 (1980).
"An accused has a right to be present at every stage of his or her trial and
when a jury requests information as to any part of the law or evidence
arising in the case, it is to be given in open court in the presence of the
accused unless the accused is voluntarily absent." State v. Antwine, 4 Kan.
App. 2d 389, Syl. 9, 607 P.2d 519 ( 1980). The trial judge erred "when in
the absence of the defendants, but with the permission of counsel for both
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