Printable Format22-3802. When costs taxed to complaining witness. If it appears to the court that the prosecution was instituted without probable cause and from malicious motives, the court may require the complaining witness or other person instituting the prosecution to appear and answer concerning his motives for instituting the prosecution. If, upon hearing, the court determines that the prosecution was instituted without probable cause and from malicious motives all costs in the case shall be taxed against the complaining witness or other person initiating the prosecution.
History: L. 1970, ch. 129, ยง 22-3802; July 1.
Source or Prior Law:
62-1902, 62-1903, 63-310.
CASE ANNOTATIONS
1. Complaining witness cannot appeal order dismissing complaint; responsibilities of those representing state outlined. State ex rel. Rome v. Fountain, 234 Kan. 943, 948, 678 P.2d 146 (1984).