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chapter-61•Chapter 61 — Procedure, Civil, for Limited Actions
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
History: G.S. 1868, ch. 81, § 1; L. 1887, ch. 168, § 1; L. 1899, ch. 93, § 1; R.S. 1923, 61-101; L. 1939, ch. 236, § 1; L. 1965, ch. 361, § 2; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 2; L. 1870, ch. 88, § 1; R.S. 1923, 61-102; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 3; R.S. 1923, 61-103; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 4; R.S. 1923, 61-104; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 5; R.S. 1923, 61-105; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 6; R.S. 1923, 61-106; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 7; L. 1870, ch. 88, § 2; R.S. 1923, 61-107; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 8; R.S. 1923, 61-108; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1965, ch. 361, § 1; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 9; R.S. 1923, 61-201; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 10; R.S. 1923, 61-202; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 11; R.S. 1923, 61-203; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 12; L. 1887, ch. 168, § 2; R.S. 1923, 61-204; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 13; R.S. 1923, 61-205; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 14; R.S. 1923, 61-206; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 15, 16; R.S. 1923, 61-207, 61-208; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 17; R.S. 1923, 61-209; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 18; R.S. 1923, 61-301; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 19 to 21; R.S. 1923, 61-302 to 61-304; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 22; R.S. 1923, 61-305; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 23, 24; R.S. 1923, 61-306, 61-307; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 25; R.S. 1923, 61-308; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 26; R.S. 1923, 61-309; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 27; R.S. 1923, 61-310; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 28; L. 1870, ch. 88, § 3; R.S. 1923, 61-401; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 29; L. 1917, ch. 250, § 1; R.S. 1923, 61-402; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 30, 31; R.S. 1923, 61-403, 61-404; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 32; R.S. 1923, 61-405; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 33; R.S. 1923, 61-406; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 34; R.S. 1923, 61-407; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 35; R.S. 1923, 61-408; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 36; R.S. 1923, 61-409; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 37; L. 1870, ch. 88, § 4; R.S. 1923, 61-410; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 38; R.S. 1923, 61-411; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 39, 40; R.S. 1923, 61-412, 61-413; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 41; R.S. 1923, 61-414; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 42; R.S. 1923, 61-415; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 43; R.S. 1923, 61-416; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 44; R.S. 1923, 61-417; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 45; R.S. 1923, 61-418; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 46; L. 1905, ch. 337, § 1; R.S. 1923, 61-419; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1905, ch. 337, § 2; R.S. 1923, 61-420; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 47; R.S. 1923, 61-421; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 48, 49; R.S. 1923, 61-422, 61-423; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 50; R.S. 1923, 61-424; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 51; R.S. 1923, 61-425; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 52; R.S. 1923, 61-426; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 53; R.S. 1923, 61-427; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 54; R.S. 1923, 61-428; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1872, ch. 163, § 1; L. 1901, ch. 280, § 1; R.S. 1923, 61-429; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1872, ch. 163, §§ 2, 3; R.S. 1923, 61-430, 61-431; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1879, ch. 129, § 1; L. 1901, ch. 279, § 1; R.S. 1923, 61-432; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 55; L. 1870, ch. 88, § 5; L. 1903, ch. 382, § 1; R.S. 1923, 61-501; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 56; R.S. 1923, 61-502; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 57; R.S. 1923, 61-503; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 58; R.S. 1923, 61-504; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 59; R.S. 1923, 61-505; L. 1945, ch. 245, § 1; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 60; R.S. 1923, 61-506; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 61; R.S. 1923, 61-507; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 62; R.S. 1923, 61-508; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 63; R.S. 1923, 61-509; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 64; R.S. 1923, 61-510; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 65; L. 1870, ch. 88, § 6; R.S. 1923, 61-511; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 66; R.S. 1923, 61-512; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 67; R.S. 1923, 61-513; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 68; R.S. 1923, 61-514; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 69; R.S. 1923, 61-515; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 70; R.S. 1923, 61-516; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 71; R.S. 1923, 61-601; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 72; R.S. 1923, 61-602; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 73; R.S. 1923, 61-603; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 74; R.S. 1923, 61-604; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 75; R.S. 1923, 61-701; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 76; R.S. 1923, 61-702; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 77; R.S. 1923, 61-703; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 78; R.S. 1923, 61-704; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 79; R.S. 1923, 61-705; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1907, ch. 258, § 1; R.S. 1923, 61-706; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1939, ch. 237, § 1; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 80; R.S. 1923, 61-801; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 81; L. 1885, ch. 152, § 1; R.S. 1923, 61-802; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 82; L. 1885, ch. 152, § 2; R.S. 1923, 61-803; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 83; R.S. 1923, 61-804; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 84; L. 1886, ch. 60, § 1; R.S. 1923, 61-805; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 85 to 92; R.S. 1923, 61-806 to 61-813; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 93; R.S. 1923, 61-814; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 94; R.S. 1923, 61-815; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 95; R.S. 1923, 61-816; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 96 to 103; R.S. 1923, 61-817 to 61-824; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 104; R.S. 1923, 61-825; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 105; R.S. 1923, 61-826; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 106; R.S. 1923, 61-827; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 107; R.S. 1923, 61-828; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 108, 109; R.S. 1923, 61-829, 61-830; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 110; L. 1869, ch. 60, § 1; L. 1885, ch. 152, § 3; R.S. 1923, 61-831; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 111; R.S. 1923, 61-832; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 113; R.S. 1923, 61-901; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 114; L. 1917, ch. 248, § 1; R.S. 1923, 61-902; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 115; R.S. 1923, 61-903; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 116; R.S. 1923, 61-904; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 117; L. 1895, ch. 103, § 1; R.S. 1923, 61-905; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 118; R.S. 1923, 61-906; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 119; R.S. 1923, 61-907; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1931, ch. 229, § 1; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
Revisor's Note: Transferred to 61-1013.
History: L. 1931, ch. 229, § 2; L. 1933, ch. 84, § 1 (Special Session); Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1931, ch. 229, § 3; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1931, ch. 229, § 4; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1931, ch. 299, § 5; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 123; L. 1870, ch. 88, § 8; R.S. 1923, 61-1004; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 124; L. 1870, ch. 88, § 9; R.S. 1923, 61-1005; L. 1945, ch. 246, § 1; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 128; R.S. 1923, 61-1006; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 129; R.S. 1923, 61-1007; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 130; R.S. 1923, 61-1008; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 131; R.S. 1923, 61-1009; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 132; L. 1870, ch. 88, § 10; R.S. 1923, 61-1010; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1870, ch. 88, § 11; R.S. 1923, 61-1011; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 133; R.S. 1923, 61-1012; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1927, ch. 183, § 5; L. 1955, ch. 278, § 1; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1955, ch. 183, § 5; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 134; R.S. 1923, 61-1101; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 135; R.S. 1923, 61-1102; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 136; R.S. 1923, 61-1103; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1870, ch. 88, § 12; R.S. 1923, 61-1104; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 137; R.S. 1923, 61-1201; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 138; R.S. 1923, 61-1202; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 139; R.S. 1923, 61-1203; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 140 to 144; R.S. 1923, 61-1204 to 61-1208; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 145; R.S. 1923, 61-1209; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 146; R.S. 1923, 61-1210; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 147; R.S. 1923, 61-1211; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 148 to 150; R.S. 1923, 61-1212 to 61-1214; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 151; R.S. 1923, 61-1215; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 152; R.S. 1923, 61-1216; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1872, ch. 164, § 1; R.S. 1923, 61-1217; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1872, ch. 164, § 2; R.S. 1923, 61-1218; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1872, ch. 164, § 3; R.S. 1923, 61-1219; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 153; R.S. 1923, 61-1220; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 154; R.S. 1923, 61-1221; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 155; R.S. 1923, 61-1222; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 156; R.S. 1923, 61-1223; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1873, ch. 87, § 1; R.S. 1923, 61-1224; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 158; R.S. 1923, 61-1301; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 159; R.S. 1923, 61-1302; L. 1965, ch. 362, § 1; L. 1967, ch. 175, § 8; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 160; R.S. 1923, 61-1303; L. 1967, ch. 175, § 5; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 161; L. 1905, ch. 338, § 1; R.S. 1923, 61-1304; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 162; L. 1915, ch. 264, § 1; R.S. 1923, 61-1305; L. 1967, ch. 175, § 6; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 163; R.S. 1923, 61-1306; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 164; R.S. 1923, 61-1307; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 165; L. 1905, ch. 338, § 2; R.S. 1923, 61-1308; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 166; L. 1915, ch. 264, § 2; R.S. 1923, 61-1309; L. 1967, ch. 175, § 7; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 167; R.S. 1923, 61-1310; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 168; R.S. 1923, 61-1311; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 169; R.S. 1923, 61-1312; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 170; R.S. 1923, 61-1313; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 171; R.S. 1923, 61-1314; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 172; R.S. 1923, 61-1401; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 173; R.S. 1923, 61-1402; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 174; R.S. 1923, 61-1403; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 175; R.S. 1923, 61-1404; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 176, 177; R.S. 1923, 61-1405, 61-1406; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 178; R.S. 1923, 61-1407; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 179, 180; R.S. 1923, 61-1408, 61-1409; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 181, 182; R.S. 1923, 61-1410, 61-1411; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 183; R.S. 1923, 61-1412; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 184; R.S. 1923, 61-1413; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: R.S. 1923, 61-1501; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 186; L. 1870, ch. 88, § 15; R.S. 1923, 61-1502; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 187; R.S. 1923, 61-1503; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 188; R.S. 1923, 61-1504; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 189 to 192; R.S. 1923, 61-1509 to 61-1508; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 193; R.S. 1923, 61-1509; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 195, 196; R.S. 1923, 61-1510, 61-1511; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 197; R.S. 1923, 61-1512; Repealed, L. 1969, ch. 290, § 61-2606; January 1. 1970.
History: G.S. 1868, ch. 81, § 198; R.S. 1923, 61-1513; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 199; R.S. 1923, 61-1514; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, §§ 200, 201; R.S. 1923, 61-1515, 61-1516; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 202; R.S. 1923, 61-1517; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 203; R.S. 1923, 61-1518; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: G.S. 1868, ch. 81, § 205; R.S. 1923, 61-1519; Repealed, L. 1969, ch. 290, § 61-2606; January 1, 1970.
History: L. 1970, ch. 244, § 1; Repealed, L. 1973, ch. 134, § 61; July 1, 1974.
History: L. 1969, ch. 290, § 61-1601; L. 1976, ch. 258, § 1; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1602; Repealed, L. 1976, ch. 258, § 66; January 10, 1977.
History: L. 1969, ch. 290, § 61-1603; L. 1973, ch. 134, § 50; L. 1976, ch. 258, § 2; L. 1979, ch. 80, § 1; L. 1981, ch. 238, § 1; L. 1990, ch. 212, § 3; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1604; L. 1975, ch. 306, § 1; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1605; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1606; Repealed, L. 1976, ch. 258, § 66; January 10, 1977.
History: L. 1969, ch. 290, § 61-1607; Repealed, L. 1976, ch. 258, § 66; January 10, 1977.
History: L. 1969, ch. 290, § 61-1608; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1701; L. 1976, ch. 258, § 4; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1702; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1703; L. 1976, ch. 258, § 5; L. 1990, ch. 202, § 14; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1976, ch. 258, § 3; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1704; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1705; L. 1976, ch. 258, § 6; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1706; L. 1975, ch. 306, § 2; L. 1976, ch. 258, § 7; L. 1977, ch. 105, § 19; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1707; L. 1976, ch. 252, § 3; L. 1976, ch. 258, § 8; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1708; L. 1976, ch. 258, § 9; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1709; L. 1975, ch. 306, § 3; L. 1976, ch. 258, § 10; L. 1990, ch. 212, § 4; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1710; L. 1975, ch. 306, § 4; L. 1976, ch. 258, § 11; L. 1997, ch. 173, § 34; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1711; L. 1975, ch. 306, § 5; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1712; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1713; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1714; L. 1990, ch. 212, § 5; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1715; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1716; L. 1976, ch. 258, § 12; L. 1977, ch. 112, § 29; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1717; L. 1976, ch. 258, § 13; L. 1990, ch. 212, § 6; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1718; L. 1976, ch. 258, § 14; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1719; L. 1975, ch. 306, § 6; L. 1976, ch. 258, § 15; L. 1990, ch. 202, § 15; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1720; L. 1976, ch. 258, § 16; L. 1977, ch. 112, § 30; L. 1999, ch. 57, § 58; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1721; L. 1976, ch. 258, § 17; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1722; L. 1976, ch. 258, § 18; L. 1977, ch. 112, § 31; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1723; L. 1974, ch. 90, § 3; L. 1976, ch. 258, § 19; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1724; L. 1976, ch. 258, § 20; L. 1977, ch. 109, § 37; L. 1986, ch. 115, § 98; L. 1999, ch. 57, § 59; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1725; L. 1997, ch. 173, § 35; L. 1999, ch. 76, § 1; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1979, ch. 80, § 3; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1726; L. 1976, ch. 258, § 21; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1727; Repealed, L. 1976, ch. 258, § 66; January 10, 1977.
History: L. 1969, ch. 290, § 61-1728; L. 1976, ch. 258, § 22; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1990, ch. 212, § 7; L. 1997, ch. 173, § 37; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1801; L. 1976, ch. 258, § 23; L. 1986, ch. 215, § 19; L. 1990, ch. 202, § 16; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1802; L. 1990, ch. 202, § 17; L. 1994, ch. 273, § 15; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1803; L. 1976, ch. 258, § 24; L. 1977, ch. 112, § 32; L. 1982, ch. 244, § 2; L. 1986, ch. 215, § 20; L. 1990, ch. 202, § 18; L. 1992, ch. 290, § 3; L. 2000, ch. 175, § 9; Repealed, L. 2001, ch. 211, § 18; July 1.
History: L. 1969, ch. 290, § 61-1804; L. 1976, ch. 258, § 25; Repealed, L. 1982, ch. 244, § 3; July 1.
History: L. 1969, ch. 290, § 61-1805; L. 1970, ch. 235, § 3; L. 1976, ch. 258, § 26; L. 1981, ch. 238, § 2; L. 1986, ch. 215, § 18; L. 1990, ch. 202, § 19; L. 1994, ch. 273, § 16; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1806; L. 1985, ch. 198, § 2; L. 1990, ch. 202, § 20; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1807; L. 1975, ch. 306, § 7; L. 1990, ch. 202, § 21; L. 1994, ch. 273, § 17; L. 2000, ch. 175, § 10; Repealed, L. 2001, ch. 211, § 18; July 1.
History: L. 1969, ch. 290, § 61-1901; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1902; L. 1976, ch. 258, § 27; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1903; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1904; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1905; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1906; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1907; L. 1976, ch. 258, § 28; L. 1977, ch. 109, § 38; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1908; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-1909; L. 1976, ch. 258, § 29; L. 1993, ch. 107, § 2; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2001; L. 1976, ch. 258, § 30; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2002; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2003; L. 1970, ch. 238, § 9; L. 1979, ch. 183, § 4; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2004; L. 1972, ch. 222, § 5; L. 1982, ch. 247, § 3; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2005; L. 1970, ch. 238, § 10; L. 1972, ch. 222, § 6; L. 1978, ch. 227, § 6; L. 1983, ch. 198, § 3; L. 1988, ch. 212, § 4; L. 1988, ch. 213, § 4; L. 1994, ch. 273, § 6; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2006; L. 1970, ch. 238, § 11; L. 1972, ch. 222, § 7; L. 1983, ch. 198, § 4; L. 1988, ch. 212, § 5; L. 1994, ch. 273, § 7; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2007; L. 1976, ch. 258, § 31; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2008; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2009; L. 1976, ch. 258, § 32; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2010; L. 1976, ch. 258, § 33; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2011; L. 1976, ch. 258, § 34; L. 1981, ch. 232, § 3; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2012; L. 1976, ch. 258, § 35; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1984, ch. 215, § 4; L. 1995, ch. 197, § 3; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1999, ch. 131, § 3; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2101; L. 1976, ch. 258, § 36; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2102; L. 1976, ch. 258, § 37; L. 1986, ch. 115, § 99; L. 1986, ch. 221, § 1; L. 1986, ch. 133, § 3; L. 1990, ch. 212, § 8; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2103; L. 1976, ch. 258, § 38; L. 1977, ch. 112, § 33; L. 1986, ch. 115, § 100; L. 1999, ch. 57, § 60; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2104; L. 1976, ch. 258, § 39; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2105; L. 1976, ch. 258, § 40; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2106; L. 1975, ch. 306, § 8; L. 1976, ch. 258, § 41; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2107; L. 1975, ch. 306, § 9; L. 1976, ch. 258, § 42; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2108; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2109; L. 1976, ch. 258, § 43; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2201; L. 1976, ch. 258, § 44; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2202; L. 1976, ch. 258, § 45; L. 1977, ch. 112, § 34; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2203; L. 1976, ch. 258, § 46; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2204; L. 1972, ch. 226, § 2; L. 1976, ch. 258, § 47; L. 1978, ch. 232, § 1; L. 1984, ch. 215, § 2; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2301; L. 1976, ch. 258, § 48; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2302; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2303; L. 1976, ch. 258, § 49; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2304; L. 1990, ch. 202, § 22; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2305; L. 1976, ch. 258, § 50; L. 1999, ch. 58, § 1; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2306; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2307; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2308; L. 1975, ch. 306 § 10; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2309; L. 1976, ch. 258, § 51; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2310; L. 1976, ch. 258, § 52; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2311; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2401; L. 1973, ch. 235, § 2; L. 1999, ch. 46, § 1; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2402; L. 1973, ch. 235, § 3; L. 1992, ch. 314, § 14; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2403; L. 1976, ch. 255, § 3; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, §§ 61-2404, 61-2405; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2501; L. 1976, ch. 258, § 53; L. 1982, ch. 116, § 10; L. 1990, ch. 212, § 9; L. 1990, ch. 202, § 34; L. 1992, ch. 128, § 15; L. 1996, ch. 234, § 16; L. 2000, ch. 177, § 7; Repealed, L. 2001, ch. 211, § 18; July 1.
History: L. 1969, ch. 290, § 61-2502; L. 1976, ch. 258, § 54; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2503; L. 1976, ch. 258, § 55; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, § 61-2504; L. 1971, ch. 200, § 1; Repealed, L. 1976, ch. 258, § 66; January 10, 1977.
History: L. 1969, ch. 290, § 61-2601; L. 1976, ch. 258, § 56; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
History: L. 1969, ch. 290, §§ 61-2602 through 61-2605; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
This act shall be known and may be cited as the "small claims procedure act."
History: L. 1973, ch. 239, § 1; July 1.
This act shall apply to and be an alternative procedure for the processing of small claims pursuant to the code of civil procedure for limited actions, and the provisions of this act shall be part of and supplemental to the code of civil procedure for limited actions, and any acts amendatory thereof or supplemental thereto. Except as otherwise specifically provided or where a different or contrary provision is included in this act, the code of civil procedure for limited actions shall be applicable to the processing of small claims and judgments under this act.
History: L. 1973, ch. 239, § 2; L. 1976, ch. 258, § 57; January 10, 1977.
As used in this act:
(a) "Small claim" means a claim for the recovery of money or personal property, where the amount claimed or the value of the property sought does not exceed $10,000, exclusive of interest, costs and any damages awarded pursuant to K.S.A. 60-2610, and amendments thereto. In actions of replevin, the verified petition fixing the value of the property shall be determinative of the value of the property for jurisdictional purposes. A small claim shall not include:
(1) An assigned claim;
(2) a claim based on an obligation or indebtedness allegedly owed to a person other than the person filing the claim, where the person filing the claim is not a full-time employee or officer of the person to whom the obligation or indebtedness is allegedly owed; or
(3) a claim obtained through subrogation.
(b) "Person" means an individual, partnership, limited liability company, corporation, fiduciary, joint venture, society, organization or other association of persons.
History: L. 1973, ch. 239, § 3; L. 1979, ch. 187, § 1; L. 1986, ch. 223, § 2; L. 1986, ch. 222, § 1; L. 1986, ch. 224, § 1; L. 1994, ch. 273, § 19; L. 1999, ch. 145, § 1; L. 2004, ch. 176, § 5; L. 2024, ch. 22, § 1; July 1.
(a) An action seeking the recovery of a small claim shall be considered to have been commenced at the time a person files a written statement of the person's small claim with the clerk of the court if, within 90 days after the small claim is filed, service of process is obtained or the first publication is made for service by publication. Otherwise, the action is deemed commenced at the time of service of process or first publication. An entry of appearance shall have the same effect as service.
(b) Upon the filing of a plaintiff's small claim, the clerk of the court shall require from the plaintiff a docket fee of $35 if the claim does not exceed $500; or $55 if the claim exceeds $500; unless for good cause shown the judge waives the fee. The docket fee shall be the only costs required in an action seeking recovery of a small claim. No person may file more than 20 small claims under this act in the same court during any calendar year.
(c) Except as provided further, the docket fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $12.50 per docket fee, to fund the costs of non-judicial personnel.
History: L. 1973, ch. 239, § 4; L. 1974, ch. 242, § 1; L. 1982, ch. 116, § 11; L. 1986, ch. 222, § 2; L. 1990, ch. 202, § 35; L. 1992, ch. 128, § 16; L. 1996, ch. 234, § 17; L. 2000, ch. 177, § 8; L. 2006, ch. 20, § 1; L. 2006, ch. 195, § 19; L. 2007, ch. 195, § 32; L. 2008, ch. 95, § 15; L. 2009, ch. 116, § 25; L. 2009, ch. 143, § 22; L. 2010, ch. 62, § 17; L. 2011, ch. 87, § 17; L. 2012, ch. 66, § 18; L. 2013, ch. 125, § 18; L. 2014, ch. 82, § 37; L. 2015, ch. 81, § 26; L. 2017, ch. 80, § 21; L. 2019, ch. 58, § 22; July 1.
History: L. 1973, ch. 239, § 4; L. 1974, ch. 242, § 1; L. 1982, ch. 116, § 11; L. 1986, ch. 222, § 2; L. 1990, ch. 202, § 35; L. 1992, ch. 128, § 16; L. 1996, ch. 234, § 17; L. 2000, ch. 177, § 8; L. 2006, ch. 20, § 1; L. 2006, ch. 215, § 14; Repealed, L. 2007, ch. 195, § 59; July 1.
It is the purpose of this act to provide and maintain simplicity of pleading, and the court shall supply the forms prescribed by this act to assist the parties in preparing their pleadings. The pleading required in an action commenced under this act shall be the statement of plaintiff's claim, which shall be on the form set forth by the judicial council and be denominated a petition. A defendant who has a claim against the plaintiff, which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim, shall file a statement of the defendant's claim on the form set forth by the judicial council if the claim does not exceed the amount specified in subsection (a) of K.S.A. 61-2703, and amendments thereto. If the defendant's claim exceeds the amount specified in subsection (a) of K.S.A. 61-2703, and amendments thereto, the defendant may file a statement of the defendant's claim on the form set forth by the judicial council. The court shall not have any jurisdiction under this act to hear or determine any claim by a defendant which does not arise out of the transaction or occurrence which is the subject matter of plaintiff's claim.
No pleadings other than those provided for herein shall be allowed. It shall be sufficient that each pleading set forth a short and plain statement of the claim, showing that the pleader is entitled to relief, and contain a demand for judgment for the relief to which the pleader deems entitled.
History: L. 1973, ch. 239, § 5; L. 1990, ch. 212, § 10; L. 2005, ch. 101, § 17; July 1.
(a) Whenever a plaintiff demands judgment beyond the scope of the small claims jurisdiction of the court, the court shall:
(1) Dismiss the action without prejudice at the cost of the plaintiff;
(2) allow the plaintiff to amend the plaintiff's pleadings and service of process to bring the demand for judgment within the scope of the court's small claims jurisdiction and thereby waive the right to recover any excess, assessing the costs accrued to the plaintiff; or
(3) if the plaintiff's demand for judgment is within the scope of the court's general jurisdiction, allow the plaintiff to amend the plaintiff's pleadings and service of process so as to commence an action in such court in compliance with K.S.A. 61-1703, and amendments thereto, assessing the costs accrued to the plaintiff.
(b) Whenever a defendant asserts a claim beyond the scope of the court's small claims jurisdiction, but within the scope of the court's general jurisdiction, the court may determine the validity of defendant's entire claim. If the court refuses to determine the entirety of any such claim, the court must allow the defendant to make:
(1) No demand for judgment and reserve the right to pursue the defendant's entire claim in a court of competent jurisdiction;
(2) demand for judgment of that portion of the claim not exceeding $10,000, plus interest, costs and any damages awarded pursuant to K.S.A. 60-2610, and amendments thereto, and reserve the right to bring an action in a court of competent jurisdiction for any amount in excess thereof; or
(3) demand for judgment of that portion of the claim not exceeding $10,000, plus interest, costs and any damages awarded pursuant to K.S.A. 60-2610, and amendments thereto, and waive the right to recover any excess.
History: L. 1973, ch. 239, § 6; L. 1979, ch. 187, § 2; L. 1986, ch. 223, § 3; L. 1986, ch. 222, § 3; L. 1986, ch. 224, § 2; L. 1994, ch. 273, § 20; L. 2004, ch. 176, § 6; L. 2024, ch. 22, § 2; July 1.
(a) The trial of all actions shall be to the court, and except as provided in K.S.A. 61-2714, and amendments thereto, no party in any such action shall be represented by an attorney prior to judgment. A party may appear by a full-time employee or officer or any person in a representative capacity so long as such person is not an attorney. Discovery methods or proceedings shall not be allowed nor shall the taking of depositions for any purpose be permitted. No order of attachment or garnishment shall be issued in any action commenced under this act prior to judgment in such action.
(b) When entering judgment in the action, the judge shall include as a part of the judgment form or order a requirement that, unless the judgment has been paid, the judgment debtor shall submit to the clerk of the district court, within 30 days after receipt of the form therefor, a verified statement describing the location and nature of property and assets which the person owns, including the person's place of employment, account numbers and names of financial institutions holding assets of such person and a description of real property owned by such person. The court shall also include as a part of the judgment form or order a requirement that, within 14 days of the date judgment is entered, unless judgment has been paid, the judgment creditor shall mail a copy of the judgment form or order to the judgment debtor, together with the form for providing the information required to be submitted under this subsection, and that the judgment creditor shall file with the court proof of the mailing thereof. When the form containing the required information is submitted to the clerk as required by this subsection, the clerk shall note in the record of the proceeding that it was received and then shall mail the form to the judgment creditor. No copy of such form shall be retained in the court records nor shall it be made available to other persons. Upon motion of the judgment creditor, the court may punish for contempt any person failing to submit information as required by this subsection.
(c) Any judgment entered under this act on a claim which is not a small claim, as defined in K.S.A. 61-2703, and amendments thereto, or which has been filed with the court in contravention of the limitation prescribed by K.S.A. 61-2704, and amendments thereto, on the number of claims which may be filed by any person, shall be void and unenforceable.
History: L. 1973, ch. 239, § 7; L. 1985, ch. 199, § 1; L. 1999, ch. 145, § 2; L. 2006, ch. 13, § 1; L. 2010, ch. 135, § 196; July 1.
The venue of actions commenced under this act shall be as prescribed in article 34 of chapter 61 of the Kansas Statutes Annotated, and amendments thereto, except that the county in which the cause of action arose shall be proper venue only where it is affirmatively shown that the defendant was a resident of the county where the cause of action arose at the time the cause of action arose.
History: L. 1973, ch. 239, § 8; L. 1994, ch. 168, § 1; L. 2016, ch. 58, § 4; July 1.
(a) An appeal may be taken from any judgment under the small claims procedure act. All appeals shall be by notice of appeal specifying the party or parties taking the appeal and the order, ruling, decision or judgment complained of and shall be filed with the clerk of the district court within 14 days after entry of judgment. All appeals shall be tried and determined de novo before a district judge, other than the judge from which the appeal is taken. The provisions of K.S.A. 60-2001 and 61-1716, and amendments thereto, shall be applicable to actions appealed pursuant to this subsection. The appealing party shall cause notice of the appeal to be served upon all other parties to the action in accordance with the provisions of K.S.A. 60-205, and amendments thereto. An appeal shall be perfected upon the filing of the notice of appeal. When the appeal is perfected, the clerk of the court or the judge from which the appeal is taken shall refer the case to the chief judge for assignment in accordance with this section. All proceedings for the enforcement of any judgment under the small claims procedure act shall be stayed during the time within which an appeal may be taken and during the pendency of an appeal, without the necessity of the appellant filing a supersedeas bond. If the appellee is successful on an appeal pursuant to this subsection, the court shall award to the appellee, as part of the costs, reasonable attorney fees incurred by the appellee on appeal.
(b) Any order, ruling, decision or judgment rendered by a district judge on an appeal taken pursuant to subsection (a) may be appealed in the manner provided in article 21 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1973, ch. 239, § 9; L. 1974, ch. 242, § 2; L. 1976, ch. 258, § 58; L. 1977, ch. 208, § 1; L. 1979, ch. 187, § 3; L. 1982, ch. 116, § 12; L. 1986, ch. 115, § 101; L. 1999, ch. 57, § 61; L. 2010, ch. 135, § 197; July 1.
The costs of any action commenced * this act shall be taxed against the parties as in other actions pursuant to the code of civil procedure for limited actions.
History: L. 1973, ch. 239, § 10; L. 1974, ch. 242, § 3; L. 1976, ch. 258, § 59; January 10, 1977.
History: L. 1973, ch. 239, § 11; Repealed, L. 1976, ch. 258, § 66; January 10, 1977.
It is the purpose of this act to provide a forum for the speedy trial of small claims, and to this end, the court may make such orders or rulings, consistent with the provisions of this act, as are necessary to promote justice and fairly protect the parties.
History: L. 1973, ch. 239, § 12; July 1.
The forms to be utilized under the small claims procedure act shall be set forth by the judicial council.
History: L. 1973, ch. 239, § 13; L. 1979, ch. 187, § 4; L. 1986, ch. 223, § 4; L. 1986, ch. 222, § 4; L. 1986, ch. 224, § 3; L. 1990, ch. 212, § 11; L. 1994, ch. 273, § 21; L. 1999, ch. 145, § 3; L. 2004, ch. 176, § 7; L. 2005, ch. 101, § 18; July 1.
(a) Notwithstanding any other provision of the small claims procedure act, if any party in small claims litigation: (1) Uses any person in a representative capacity if such person representing the party is an attorney or was formerly an attorney; or (2) is an attorney representing the attorney's self in a small claims action, all other parties to such litigation shall be entitled to have an attorney appear on their behalf in such action.
(b) When appropriate, the court shall advise all parties of this right to hire counsel pursuant to this section and shall, if requested by any party, grant one reasonable continuance in such matter to afford a party an opportunity to secure representation of an attorney.
(c) The filing of a small claims action is a certification by the plaintiff that such plaintiff is complying with the provisions of the small claims procedures act, specifically with the provisions of K.S.A. 61-2704, and amendments thereto, relating to the limited number of claims a person may file in the same court during any calendar year.
(d) Any defendant may raise as a defense to a small claims action that the plaintiff has filed or caused to be filed more claims than allowed by the small claims act. When such defense is raised, if the court finds the plaintiff to have filed more claims than allowed by law, the court shall dismiss the action with prejudice and such a finding shall be considered a violation of the unconscionable acts and practices section of the Kansas consumer protection act. The defendant may file a collateral action under the Kansas consumer protection act.
(e) As used in this section, "attorney" means persons licensed to practice law in Kansas or in any other state whether on active or inactive status, or persons otherwise qualified to take the Kansas bar examination and acting under the supervisory authority of a licensed attorney.
History: L. 1994, ch. 273, § 22; July 1.
This act shall be known and may be cited as the code of civil procedure for limited actions.
History: L. 2000, ch. 161, § 1; January 1, 2001.
(a) This act may be used to govern the procedure for a civil lawsuit filed in the district court which:
(1) Seeks judgment for a debt which is not secured by a lien and arises out of a contract for the providing of goods, services or money, without limitation as to the amount claimed in the lawsuit;
(2) seeks judgment for a debt which is secured by a lien and arises out of a contract for the providing of goods, services or money, where the amount claimed in the lawsuit, not counting costs, interest and fees, does not exceed $25,000; or
(3) seeks judgment where the claim does not arise out of a contract and the amount claimed in the lawsuit, not counting costs, interest and fees, does not exceed $25,000.
(b) The following types of lawsuits may not be filed under this act:
(1) Actions against any officers of the state, or any subdivisions thereof, for misconduct in office, except as authorized by the Kansas tort claims act, K.S.A. 75-6101 et seq., and amendments thereto;
(2) actions for specific performance of contracts for real estate;
(3) actions in which title to real estate is sought to be recovered or in which an interest in real estate, either legal or equitable, is sought to be established, except that nothing in this paragraph shall be construed as limiting the right to bring an action for forcible detainer as provided in K.S.A. 61-3801 through 61-3808, and amendments thereto;
(4) actions to foreclose real estate mortgages or to establish and foreclose liens on real estate as provided in article 11 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto;
(5) actions for divorce, separate maintenance or custody of minor children;
(6) habeas corpus;
(7) receiverships;
(8) change of name;
(9) declaratory judgments;
(10) mandamus and quo warranto;
(11) injunctions;
(12) class actions;
(13) rights of majority; and
(14) any appeal from an order or ruling of an administrative officer or body.
History: L. 2000, ch. 161, § 2; January 1, 2001.
The supreme court of this state shall adopt rules to govern the electronic filing of court matters and the storage of and access by the public to the same and such other matters as is necessary under the code of civil procedure for limited actions.
History: L. 2000, ch. 161, § 3; L. 2002, ch. 157, § 2; July 1.
Judicial districts in this state may accept for filing under this act lawsuits filed in the same method in which lawsuits are filed prior to the adoption of this act, or filed pursuant to an electronic filing procedure, or a combination of the two, as long as any such filings comply with the rules of the supreme court of this state.
History: L. 2000, ch. 161, § 4; January 1, 2001.
Without regard to whether the word "court" or the word "judge" is used in any provisions of this act, all trials upon the merits shall be conducted in open court and in a regular courtroom within the county if reasonably possible. All other acts or proceedings, including the entry of a ruling or judgment, may be done or conducted by a judge or judge pro tem in chambers, or at such other place within the county as is designated by the judge for the conduct of court business, without the attendance of the clerk or other court officials.
History: L. 2000, ch. 161, § 5; January 1, 2001.
The provisions of this act shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding.
History: L. 2000, ch. 161, § 6; January 1, 2001.
The party who files a lawsuit shall be called the plaintiff and the adverse party shall be called the defendant.
History: L. 2000, ch. 161, § 7; January 1, 2001.
(a) An action pursuant to the code of civil procedure for limited actions is commenced at the time of:
(1) Filing a petition with the clerk of the district court, if service of process is obtained or the first publication is made for service by publication, within 90 days after the petition is filed, except that the court may extend that time an additional 30 days upon a showing of good cause by the plaintiff; or
(2) service of process or first publication, if service of process or first publication is not made within the time specified by provision (1).
(b) If service of process or first publication purports to have been made but is later adjudicated to have been invalid due to any irregularity in form or procedure or any defect in making service, the action shall nevertheless be deemed to have been commenced at the applicable time under subsection (a) if valid service is obtained or first publication is made within 90 days after that adjudication, except that the court may extend that time an additional 30 days upon a showing of good cause by the plaintiff.
(c) An entry of appearance by the defendant shall have the same effect as service of process on the defendant.
(d) The limitation of time for commencing lawsuits pursuant to the code of civil procedure for limited actions shall be as provided in article 5 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, except where a different limitation is specifically provided by statute.
History: L. 2000, ch. 161, § 8; January 1, 2001.
(a) Pleadings. Only the pleadings set forth in K.S.A. 60-207, and amendments thereto, shall be allowed in an action commenced pursuant to the code of civil procedure for limited actions, but the only pleading required is a petition. Third-party practice in the manner prescribed by K.S.A. 60-214, and amendments thereto, shall be permitted.
(b) Petitions. A petition shall state the claim or claims which the plaintiff has against the defendant. It shall set forth the current address, phone number, fax phone number and electronic mail address for the plaintiff. If the plaintiff is not represented by an attorney, the petition shall be signed by the plaintiff.
(c) Motions and other papers. An application to the court or judge for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state the particular grounds for the motion, shall set forth the relief or order sought, and shall contain a notice of when the motion is to be heard by the court.
History: L. 2000, ch. 161, § 9; January 1, 2001.
(a) A defendant shall either appear, in person or by counsel, at the time and date set forth in the summons or file on or before such date a written answer. If the defendant appears and disputes the petition, the defendant shall file an answer not later than 14 days after the appearance date. The defendant shall promptly send a copy of the answer after filing to the plaintiff's attorney or the plaintiff, if no attorney. If the defendant is not represented by an attorney, the answer shall be signed by the defendant.
(b) The answer when filed shall state the following:
(1) What the dispute is;
(2) any affirmative defenses the defendant has to the claim; and
(3) the current address, phone number, fax phone number and electronic mail address for the defendant.
(c) If the defendant asserts a counterclaim against the plaintiff in the answer, the plaintiff may file a reply disputing the defendant's counterclaim not later than 14 days after service of the defendant's answer. The plaintiff's reply shall comply with the requirements set forth in subsection (b). If the plaintiff does not file a reply, the plaintiff waives the right to present any dispute to the defendant's counterclaim.
(d) Affirmative defenses are those listed in subsection (c) of K.S.A. 60-208, and amendments thereto.
(e) The date the defendant is required to appear as set forth in the summons may be continued by the court upon request of either party in such manner as the court shall prescribe.
History: L. 2000, ch. 161, § 10; L. 2010, ch. 135, § 198; July 1.
(a) (1) Upon timely application of the plaintiff and in the discretion of the court, a defendant may be required to plead any counterclaim which such party has against the plaintiff, if it arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction, except that the defendant shall not be required to plead any such claim if: (A) At the time the action was commenced the claim was the subject of another pending action; or (B) the plaintiff brought suit upon such plaintiff's claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the defendant is not pleading any other counterclaim.
(2) A defendant shall not be estopped from asserting in a subsequent action any claim which such defendant may have against the plaintiff, if such defendant is not required to plead such claim pursuant to this section. Except as provided in subsections (a) and (k), the provisions of K.S.A. 60-213, and amendments thereto, relating to counterclaims and cross-claims, shall apply to proceedings pursuant to the code of civil procedure for limited actions, subject to the provisions of K.S.A. 61-2911, and amendments thereto.
(b) Notwithstanding the provisions of subsection (a), in an action involving a claim governed by K.S.A. 60-258a, and amendments thereto, a party shall state as a counterclaim any claim that party has against any opposing party arising out of the transaction or occurrence that is the subject matter of the claim governed by K.S.A. 60-258a, and amendments thereto.
History: L. 2000, ch. 161, § 11; January 1, 2001.
History: L. 2000, ch. 161, § 12; Repealed, L. 2002, ch. 157, § 20; July 1.
(a) The petition shall be served on the defendant in accordance with the provisions of K.S.A. 61-3001 through 61-3006, and amendments thereto.
(b) All pleadings other than the petition, motions which cannot be heard ex parte, notices, and orders which are required by their terms to be served, shall be served upon the party's attorney of record, if the party is represented by an attorney, or upon the party if not represented by an attorney, in the following manner:
(1) By delivering a copy;
(2) by mailing a copy by first-class mail, certified mail or registered mail to the last known address; or
(3) if no address is known, by leaving a copy with the clerk of the court. For the purposes of this subsection, delivering a copy means: Handing it to the attorney or to the party; leaving it at the attorney's or party's office with the person in charge thereof or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the attorney's or party's office is closed or the person to be served has no office, leaving it at the attorney's or party's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing. All such pleadings, motions, notices and orders covered by this subsection shall be filed with the court either before service or within a reasonable time thereafter.
(c) The filing of pleadings and other papers with the court as required or permitted by this act shall be done in accordance with rules or orders of the supreme court.
History: L. 2000, ch. 161, § 13; L. 2002, ch. 157, § 3; July 1.
The provisions of K.S.A. 60-209, 60-210 and 60-211, and amendments thereto, shall apply to pleadings filed under K.S.A. 61-2901 through 61-2912, and amendments thereto.
History: L. 2000, ch. 161, § 14; January 1, 2001.
The provisions of K.S.A. 60-206, and amendments thereto, governing the computation and extension of time, shall govern actions pursuant to the code of civil procedure for limited actions, except where provisions to the contrary are specifically included in the code.
History: L. 2000, ch. 161, § 15; January 1, 2001.
Upon motion of any party and for good cause shown, the court may order that an action filed under the code of civil procedure for limited actions, except an action filed pursuant to the small claims procedure act, article 27 of chapter 61 of the Kansas Statutes Annotated, and amendments thereto, shall thereafter be governed by the provisions of chapter 60 of the Kansas Statutes Annotated, and amendments thereto. The party obtaining an order under this section shall pay any additional docket fee required had the action been filed under chapter 60 of the Kansas Statutes Annotated, and amendments thereto. Upon such order of the court and payment of any additional docket fee, the clerk of the district court shall renumber the case as a case filed under chapter 60 of the Kansas Statutes Annotated, and amendments thereto, in the same manner as required by K.S.A. 60-2418, and amendments thereto.
History: L. 2000, ch. 161, § 16; L. 2002, ch. 66, § 1; April 25.
(a) Whenever a plaintiff demands judgment beyond the scope of actions authorized by the provisions of K.S.A. 61-2802, and amendments thereto, the court shall either:
(1) Transfer the action to the chief judge of the judicial district for assignment and hearing pursuant to chapter 60 of the Kansas Statutes Annotated, and amendments thereto, assessing the increased docket fee to the plaintiff; or (2) allow the plaintiff to amend the pleadings and service of process to bring the demand for judgment within the scope of actions authorized by the provisions of K.S.A. 61-2802, and amendments thereto, assessing the costs accrued to the plaintiff.
(b) If a defendant asserts a counterclaim or cross-claim beyond the scope of the code of civil procedure for limited actions, the case shall be referred by the chief judge for assignment and hearing pursuant to chapter 60 of the Kansas Statutes Annotated, and amendments thereto, assessing the increased docket fee to the defendant.
History: L. 2000, ch. 161, § 17; January 1, 2001.
The following provisions of article 2 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, are hereby adopted by reference and made a part of this act as if fully set forth herein, insofar as such provisions are not inconsistent or in conflict with the provisions of this act:
(a) K.S.A. 60-215, and amendments thereto, relating to amended and supplemental pleadings, except that the time for filing amended pleadings and for responding thereto shall be 14 instead of 21 days;
(b) K.S.A. 60-217, and amendments thereto, relating to capacity of parties;
(c) K.S.A. 60-218, and amendments thereto, providing for joinder of claims and remedies, K.S.A. 60-219 and 60-220, and amendments thereto, providing for joinder of parties, and K.S.A. 60-221, and amendments thereto, relating to misjoinder of parties and claims;
(d) K.S.A. 60-224, and amendments thereto, relating to intervention, and K.S.A. 60-225, and amendments thereto, providing for substitution of parties;
(e) K.S.A. 60-234, and amendments thereto, relating to production of documents and things for inspection;
(f) K.S.A. 60-241, and amendments thereto, providing for dismissal of actions;
(g) K.S.A. 60-244, and amendments thereto, providing for proof of records;
(h) K.S.A. 60-252, and amendments thereto, concerning findings and conclusions by the court, except that when the findings and conclusions are made by a district magistrate judge, the time to file a motion for amended or additional findings is 14 instead of 28 days;
(i) K.S.A. 60-256, and amendments thereto, relating to summary judgment;
(j) K.S.A. 60-259, and amendments thereto, concerning new trial, except that the time to file a motion for new trial or to alter or amend judgment when a judgment is rendered by a district magistrate judge is 14 instead of 28 days;
(k) K.S.A. 60-260, and amendments thereto, concerning relief from judgment or order;
(l) K.S.A. 60-261 and 60-263, and amendments thereto, relating respectively to harmless error and disability of a judge; and
(m) K.S.A. 60-264, and amendments thereto, relating to process in behalf of and against persons not parties.
History: L. 2000, ch. 161, § 18; L. 2010, ch. 135, § 199; July 1.
Upon the filing of the petition pursuant to the code of civil procedure for limited actions, the clerk of the district court shall issue a summons for service upon each defendant in accordance with this act. Additional summonses may be issued as requested.
History: L. 2000, ch. 161, § 19; January 1, 2001.
(a) The summons shall be issued by the clerk and dated the day it is issued. The summons shall state the time when the law requires the defendant to appear or file an answer in response to the petition, and shall notify such defendant that in case of such defendant's failure to appear or file an answer, judgment by default will be rendered against such defendant for the relief demanded in the petition.
(b) The time stated in the summons requiring the defendant to appear in response to the petition shall be determined by the court. Such time shall be not less than 14 nor more than 50 days after the date the summons is issued.
History: L. 2000, ch. 161, § 20; L. 2002, ch. 157, § 4; L. 2010, ch. 135, § 200; July 1.
(a) Methods of service of process within this state, except service by publication, are described in this section. Service of process outside the state shall be made in substantial compliance with the applicable provisions of K.S.A. 60-308, and amendments thereto.
(b) Who serves process. The sheriff of the county in which the action is filed shall serve any process by any method authorized by this section, or as otherwise provided by law, unless a party, either personally or through an attorney, elects to undertake responsibility for service and so notifies the clerk.
(c) Service by return receipt delivery.
(1) Service of process by return receipt delivery shall include service effected by certified mail, priority mail, commercial courier service, overnight delivery service, or other reliable personal delivery service to the party addressed, in each instance evidenced by a written or electronic receipt showing to whom delivered, date of delivery, address where delivered, and person or entity effecting delivery.
(2) The sheriff, party or party's attorney shall cause a copy of the process and petition or other document to be placed in a sealed envelope addressed to the person to be served in accordance with K.S.A. 61-3004, and amendments thereto, with postage or other delivery fees prepaid, and the sealed envelope placed in the custody of the person or entity effecting delivery.
(3) Service of process shall be considered obtained under K.S.A. 61-2902, and amendments thereto, upon the delivery of the sealed envelope.
(4) After service and return of the receipt, the sheriff, party, or party's attorney shall execute a return on service stating the nature of the process, to whom delivered, the date of delivery, the address where delivered, and the person or entity effecting delivery. The original return of service shall be filed with the clerk, along with a copy of the return receipt evidencing such delivery.
(5) If the sealed envelope is returned with an endorsement showing refusal to accept delivery, the sheriff, party or the party's attorney may send a copy of the process and petition or other document by first-class mail addressed to the party to be served, or may elect other methods of service. If mailed, service shall be considered obtained three days after the mailing by first-class mail, postage prepaid, which shall be evidenced by a certificate of service filed with the clerk. If the unopened envelope sent first-class mail is returned as undelivered for any reason, the sheriff, party or party's attorney shall file an amended certificate of service with the clerk indicating nondelivery, and service by such mailing shall not be considered obtained. Mere failure to claim return receipt delivery is not refusal of service within the meaning of this subsection.
(d) Personal and residence service.
(1) The party may file a written request with the clerk for personal or residence service. Personal service shall be made by delivering or offering to deliver a copy of the process and accompanying documents to the person to be served. Residence service shall be made by leaving a copy of the process and petition, or other document to be served, at the dwelling house or usual place of abode of the person to be served with some person of suitable age and discretion residing therein. If service cannot be made upon an individual, other than a minor or a disabled person, by personal or residence service, service may be made by leaving a copy of the process and petition, or other document to be served, at the defendant's dwelling house or usual place of abode and mailing a notice that such copy has been left at such house or place of abode to the individual by first-class mail.
(2) When process is to be served under this subsection, the clerk of the court shall deliver the process and sufficient copies of the process and petition, or other document to be served, to the sheriff of the county where the process is to be served or, if requested, to a person appointed to serve process or to the plaintiff's attorney.
(3) Service, levy and execution of all process under this subsection, including, but not limited to, writs of execution, orders of attachment, replevin orders, orders for delivery, writs of restitution and writs of assistance, shall be made by a sheriff within the sheriff's county, by the sheriff's deputy, by an attorney admitted to the practice of law before the supreme court of Kansas, by a person licensed as a private detective pursuant to K.S.A. 75-7b01 et seq., and amendments thereto, or by some person appointed as a process server by a judge or clerk of the district court, except that a subpoena may also be served by any other person who is not a party and is not less than 18 years of age. Process servers shall be appointed freely and may be authorized either to serve process in a single case or in cases generally during a fixed period of time. A process server, authorized attorney or licensed private detective may make the service anywhere in or out of the state and shall be allowed the fees prescribed in K.S.A. 28-110, and amendments thereto, for the sheriff and such other fees and costs as the court shall allow. All persons authorized under this subsection to serve, levy and execute process shall be considered an "officer" as used in K.S.A. 60-706 and 60-2401, and amendments thereto.
(4) In all cases when the person to be served, or an agent authorized by the person to accept service of process, refuses to receive copies thereof, the offer of the duly authorized process server to deliver copies thereof, and the refusal, shall be a sufficient service of the process.
(e) Publication service. Service of process by publication may be made pursuant to the provisions of K.S.A. 60-307, and amendments thereto, which are not inconsistent or in conflict with this act.
(f) Acknowledgment or appearance. An acknowledgment of service on the summons is equivalent to service. The voluntary appearance by a defendant is equivalent to service as of the date of appearance.
(g) In addition to other methods listed in this section, the person serving process may serve a garnishment process in any of the following methods:
(1) First class mail. Process may be sent to a person by first-class mail by placing a copy of the process and petition or other document to be served in an envelope addressed to the person to be served in accordance with K.S.A. 61-3004, and amendments thereto, at such person's last known address. The envelope used for such service shall be addressed to the person in accordance with K.S.A. 61-3004, and amendments thereto, and shall contain adequate postage. Such envelope shall be sealed and placed in the United States mail. Service by first-class mail shall be complete when the envelope is placed in the mail unless returned undelivered. Service shall be considered obtained upon the mailing by first-class mail unless returned undelivered.
(2) Telefacsimile communication. Process may be sent to a person by telefacsimile communication at a telefacsimile number designated by the garnishee. Service is complete upon receipt of a confirmation generated by the transmitting machine.
(3) Internet electronic mail. Process may be sent to a person by internet electronic mail at an internet electronic mail address designated by the garnishee and as provided in the rules to be adopted hereunder by the supreme court. Service is complete upon receipt of a reply generated by the garnishee.
History: L. 2000, ch. 161, § 21; L. 2002, ch. 198, § 1; L. 2009, ch. 43, § 2; July 1.
History: L. 2000, ch. 161, § 21; L. 2002, ch. 157, § 5; Repealed, L. 2009, ch. 43, § 3; Repealed, L. 2009, ch. 143, § 37; July 1.
(a) Service shall be made promptly and, in any event, in time to make a timely return of service as required by K.S.A. 61-3005, and amendments thereto.
(b) If the defendant is a nonresident who is employed in this state, or if the place of residence of the defendant is unknown, the plaintiff may direct that the service of summons or other process shall be made by directing an officer, partner, managing or general agent, or the person having charge of the office or place of employment at which the defendant is employed, to make the defendant available for the purpose of permitting the summons or other process to be served on the defendant at the defendant's place of employment.
(c) As used in this section, "serving" means making service by any of the methods described in K.S.A. 61-3003, and amendments thereto, unless a specific method of making service is prescribed in this section. Except for service by publication, service of process shall be made as follows:
(1) Service upon an individual other than a minor or disabled person shall be made by serving the individual or by serving an agent authorized by appointment or by law to receive service of process, but if the agent is one designated by statute to receive service, such further notice as the statute requires shall be given. Service by certified mail or first-class mail shall be addressed to an individual at the individual's dwelling house or usual place of abode and to an authorized agent at the agent's usual or designated address.
(2) Service upon a minor, disabled person as defined by K.S.A. 77-201, and amendments thereto, foreign or domestic corporations, partnerships, insurance companies or associations shall be made in accordance with the applicable provisions of K.S.A. 60-304, and amendments thereto.
(3) Service upon a governmental entity shall be made in accordance with the applicable provisions of K.S.A. 60-304, and amendments thereto.
History: L. 2000, ch. 161, § 22; L. 2002, ch. 114, § 73; July 1.
Proof of service shall be made as follows:
(a) Personal and residence service. (1) Every officer to whom summons or other process shall be delivered for service within or without the state, shall make return thereof in writing stating the time, place and manner of service of such writ, and shall sign such officer's name to such return.
(2) If such process is directed to and delivered to a person other than by an officer for service, such person shall make affidavit as to the time, place and manner of such person's service thereof.
(b) Service by return receipt delivery. Service by return receipt delivery shall be proven in the manner provided by subsection (e) of K.S.A. 60-308 or subsection (c) of K.S.A. 61-3003, and amendments thereto.
(c) Publication service. Service by publication shall be proven by an affidavit showing the dates upon, and the newspaper in which the notice of publication was published. A copy of the notice shall be attached to the affidavit which shall be filed in the cause. When mailing of copies of the publication notice is required in accordance with subsection (e) of K.S.A. 60-307, and amendments thereto, the proof of such mailing shall be by affidavit of the person who mailed such copies and such affidavit shall be filed with the clerk of the court in which the action has been filed. Any return receipt shall be made a part of the affidavit and filed therewith.
(d) Time for return. The officer or other person receiving a summons or other process in forcible detainer cases shall make return of service promptly and, in any event, no later than three days before the date stated in the summons for the defendant to either appear or plead to the petition. In all other cases return of service shall be made promptly and, in any event, no later than five days before the date stated in the summons for the defendant to either appear or plead to the petition. If the process cannot be served as directed, it shall be returned to the court forthwith with a statement of the reason for the failure to serve the same.
(e) Amendment of return. At any time in the judge's discretion and upon such terms as the judge deems just, the judge may allow any process, return or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.
(f) Garnishment service of process. (1) First class mail. The return shall show the nature of the process, the date on which the process was mailed and the name and address on the envelope containing the process.
(2) Telefacsimile communication. The return shall show the nature of the process, the time and date on which the process was transmitted by telefacsimile, the telephone number of the transmitting machine and the telephone number of the receiving machine.
(3) Internet electronic mail. The return shall show the nature of the process, the time and date on which the process was transmitted by internet electronic mail, the internet electronic mail address of the transmitting person and the internet electronic mail address of the receiving person.
History: L. 2000, ch. 161, § 23; January 1, 2001.
(a) (1) Service of process may be made upon any party outside the state. If upon a person domiciled in this state or upon a person who has submitted to the jurisdiction of the courts of this state, it shall have the force and effect of service of process within this state; otherwise it shall have the force and effect of service by publication.
(2) The service of process shall be made in the same manner as service within this state, by any officer authorized to make service of process in this state or in the state where the defendant is served. No order of a court is required. An affidavit, or any other competent proofs, of the server shall be filed stating the time, manner and place of service. The court may consider the affidavit, or any other competent proofs, in determining whether service has been properly made.
(3) The time stated in the summons requiring the defendant to appear in response to the petition shall be determined by the court. Such time shall be not less than 14 nor more than 50 days after the date the summons is issued, except as provided in subsection (a)(3) of K.S.A. 60-308, and amendments thereto.
(b) The provisions of subsection (b) of K.S.A. 60-308, and amendments thereto, shall be used to determine whether a person has submitted to the jurisdiction of this state.
(c) Service of process upon any person who is subject to the jurisdiction of the courts of this state, as provided in subsection (b), may be made by serving the process upon the defendant outside this state, as provided in subsection (a)(2), with the same force and effect as though process had been served within this state, but only causes of action arising from acts enumerated in subsection (b) may be asserted against a defendant in an action in which jurisdiction over the defendant is based upon this subsection.
(d) Nothing contained in this section limits or affects the right to serve any process in any other manner provided by law.
History: L. 2000, ch. 161, § 24; L. 2010, ch. 135, § 201; July 1.
(a) When an answer has been filed in an action or if the defendant appears and disputes the claims in the petition commenced pursuant to the provisions of the code of civil procedure for limited actions, any party may submit to any other party a written request for that party to admit:
(1) The genuineness of any relevant document described in and attached to the request; or
(2) the truth of any relevant matter of fact set forth in the request. The request shall be in a form which will permit the party to whom it is submitted to answer the questions on the request form under oath. A request for admissions may not contain more than 10 requests unless permission of the court is obtained to increase the number.
(b) Each of the matters requested shall be deemed to be admitted for purposes of the pending lawsuit, unless within 14 days after the request is served, the party to whom the request is directed submits to the party propounding the request either:
(1) A sworn statement denying specifically the matters requested; or
(2) written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part.
(c) If the answering party cannot truthfully admit or deny a request, the party shall set forth in detail the reasons why. If the answering party denies a request, the denial shall be in good faith and shall fairly address the substance of the request. If in good faith the answering party can deny only a part of the request or qualify a request, the party shall specify which part is admitted and qualify or deny the remaining part. If the answering party objects to a request, the party shall notify the court and the party propounding the request and schedule a hearing on the objection to be held within 14 days after making the objection.
(d) The judge may permit withdrawal or amendment of any admission made by nonresponse when the party to whom the admissions were sent shows good cause for failure to respond and shows evidence that the admission is not true and the party who obtained the admission fails to satisfy the judge that withdrawal or amendment will prejudice such party in maintaining such party's action or defense on the merits. In the event such withdrawal or amendment is made by the party to whom the admissions were sent at trial, the party who obtained the admissions shall be allowed a continuance of the trial setting. Any admission made by a party under this section is for the purpose of the pending action only and is not an admission by such party for any other purpose nor may it be used against such party in any other proceeding.
History: L. 2000, ch. 161, § 25; L. 2004, ch. 176, § 4; L. 2010, ch. 135, § 202; July 1.
If a party to whom a request for admission has been submitted denies under oath any matter requested, and the party submitting the request later proves the genuineness of any document or the truth of any matter of fact denied by the answering party, the party submitting the request may ask the court for an order requiring the answering party to pay the reasonable expenses incurred in making such proof, including reasonable attorney fees. The court shall enter the order unless the court finds that there were good reasons for the denial or that the admissions sought were of no substantial importance.
History: L. 2000, ch. 161, § 26; January 1, 2001.
(a) Any party may submit to any other party up to 10 interrogatories. The party receiving the interrogatories shall submit answers or objections, if any, to the party submitting the same within 14 days after the interrogatories are submitted to the receiving party. On motion, the court may allow a longer time to answer or may permit a greater number of interrogatories to be submitted.
(b) The provisions of K.S.A. 60-233, and amendments thereto, shall be applicable to interrogatories pursuant to this section, except that the provisions of this section relating to the time when interrogatories are to be answered shall be applicable. The general discovery provisions of subsections (b), (c) and (e) of K.S.A. 60-226, and amendments thereto, and the sanction provisions of K.S.A. 60-237, and amendments thereto, as such sections relate to interrogatories, shall be applicable to interrogatories pursuant to this section.
History: L. 2000, ch. 161, § 27; L. 2010, ch. 135, § 203; July 1.
Subpoenas may be issued by the clerk of the district court under the seal of such court or by the judge to compel the attendance of witnesses or for the production of documentary evidence in the manner provided in K.S.A. 60-245, and K.S.A. 60-245a, and amendments thereto. Subpoenas shall be served in accordance with K.S.A. 61-3001 through 61-3006, and amendments thereto, and shall be accompanied by the fees for one day's attendance and the mileage allowed by law.
History: L. 2000, ch. 161, § 28; January 1, 2001.
(a) Any party to an action pursuant to the code of civil procedure for limited actions may take the testimony of any person, including a party, either within or without the state, by deposition upon oral examination or written questions but only for use as evidence in the action. Unless the court orders otherwise, the parties may by written stipulation provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions. The taking of such depositions shall be governed by the provisions of K.S.A. 60-228, subsections (b) through (h) of K.S.A. 60-230, 60-231 and subsection (d) of K.S.A. 60-232, and amendments thereto, except that any party desiring to take a deposition shall first file with the court, and serve on all other parties to the action, a motion that the taking of such deposition be allowed due to the existence of at least one of the conditions prescribed in subsection (b) for the use of depositions as evidence. Within seven days after any such motion has been made, any other party to the action may file an objection to such motion, and in such event, the court shall hold a hearing within seven days thereof to determine the issue. No deposition shall be taken unless and until the court shall have granted the motion requesting permission therefor.
(b) At the trial, or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition of a witness, whether or not a party, so far as it is admissible under the rules of evidence, may be used for any purpose against any party who was present or represented at the taking of the deposition, or who had due notice thereof, if the court finds that:
(1) The witness is dead;
(2) the witness is outside of the county of the place of trial or hearing, unless it appears that the absence of the witness was procured by the party offering the deposition;
(3) the witness is unable to attend or testify because of age, sickness, infirmity or imprisonment;
(4) the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or
(5) upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
(c) In addition to the uses of depositions enumerated in subsection (b), the court on motion may permit the use of depositions as provided in subsections (b)*(1), (2) and (4) of K.S.A. 60-232, and amendments thereto, in the interest of justice and on such terms and conditions as will fairly protect the parties.
History: L. 2000, ch. 161, § 29; L. 2010, ch. 135, § 204; July 1.
Production of documents and things for inspection shall be allowed in accordance with K.S.A. 60-234, and amendments thereto.
History: L. 2000, ch. 161, § 30; January 1, 2001.
(a) If the defendant appears on the date specified in the summons and disputes the petition, or on or before such date files an answer, the court may set the case for a pretrial hearing. Such hearing shall be held at least 14 days after the date of the defendant's appearance. All parties shall be notified of the date, time and place for the pretrial hearing.
(b) After a case has been set for pretrial, each of the parties shall submit to the other party before the date scheduled for the pretrial hearing, copies of all documents which support the petition or answer and an identification of all witnesses who will testify at trial to support the same.
(c) If the defendant fails to appear at the pretrial hearing, the court may enter default judgment against the defendant for the relief demanded in the petition without further notice. If the plaintiff fails to appear at the pretrial hearing, the court may dismiss the lawsuit upon such terms and conditions as the court deems proper.
(d) If both parties appear at the pretrial hearing, the court shall conduct a conference with the parties to clarify the issues for trial and explore the possibilities of settlement. If the defendant does not have a legal defense to the petition, the court may enter judgment against the defendant for the relief demanded in the petition or for such other relief that the court believes is fair and just. If the plaintiff has not stated a claim upon which relief can be granted, the court may dismiss the petition.
History: L. 2000, ch. 161, § 31; L. 2010, ch. 135, § 205; July 1.
(a) If a case is not settled or otherwise disposed of at the pretrial hearing, the case shall be set for trial by the court.
(b) All lawsuits filed under this act shall be tried by the court, unless a trial by jury is demanded by one of the parties. Demand for jury trial shall be made on or before the date of the pretrial conference.
(c) A lawsuit tried by jury pursuant to the code of civil procedure for limited actions shall be tried to a jury composed of six persons having the same qualifications of jurors as other jurors in district court, unless the parties agree on a lesser number. The court shall summon not less than 12 prospective jurors from the source and in the manner provided for the summoning of petit jurors in the district court. When there is more than one plaintiff or more than one defendant in such action, the court shall summon three additional prospective jurors for each such additional plaintiff or defendant. Each juror shall be paid as specified in K.S.A. 43-171, and amendments thereto, for each day of attendance and shall receive mileage at the rate prescribed in K.S.A. 75-3203, and amendments thereto. Such jury fees shall be paid by the county. The provisions of K.S.A. 60-247, subsections (b) through (h) of K.S.A. 60-248, K.S.A. 60-250 and 60-251, and amendments thereto, shall be applicable to actions pursuant to the code of civil procedure for limited actions insofar as they are not inconsistent with the provisions of this act.
(d) In all trials pursuant to the code of civil procedure for limited actions, the testimony of witnesses shall be taken orally in open court, unless otherwise provided by this act. All matters relating to witnesses and the admission of evidence shall be governed by article 4 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2000, ch. 161, § 32; January 1, 2001.
(a) The court may enter a default judgment in the following situations:
(1) If a defendant fails to either appear or file a written answer on or before the time specified in the summons, judgment may be entered against the defendant upon proof of service and at such time as the plaintiff requests same, without further notice to the defendant.
(2) If a defendant fails to appear at the time set for a pretrial or trial hereunder, judgment may be entered against the defendant at the request of the plaintiff without further notice to the defendant.
(3) If the defendant has filed a counterclaim against the plaintiff and the plaintiff fails to appear at the time set for a pretrial or trial hereunder, judgment may be entered against the plaintiff at the request of the defendant without further notice to the plaintiff.
(b) A default judgment shall not be different in kind from or exceed the amount of the relief sought in the demand for judgment.
(c) If a defendant seeks to set aside a default judgment for failure to appear at the time specified in the summons, the defendant shall file a motion not more than 14 days from the date of such judgment in a lawsuit where the defendant was personally served with summons within the state, or not more than 45 days where service of summons was by other than personal service within the state. If any party seeks to set aside any other default judgment, that party shall file a motion not more than 14 days from the date of such judgment. Any motion to set aside a default judgment, except for the time limits set forth above, shall be in accordance with the applicable provisions of subsection (b) of K.S.A. 60-260, and amendments thereto.
(d) In cases where no service is had, for good cause shown, the court may set aside a default judgment pursuant to the applicable provisions of subsection (b) of K.S.A. 60-260, and amendments thereto.
History: L. 2000, ch. 161, § 33; L. 2010, ch. 135, § 206; July 1.
(a) A judgment may be entered by master or other journal entry or judgment form approved by a judge. The judgment shall be effective from the date the journal entry or judgment form is filed with the clerk of the court.
(b) One or more cases may be shown on a master journal entry or judgment form.
(c) When more than one claim for relief is presented in a lawsuit, the court may direct the entry of a final judgment upon one or more but less than all of the claims upon such terms and conditions as set forth in the judgment of the court.
(d) Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, regardless of whether the party has demanded such relief in such party's pleadings. Upon entry of such judgment, the party in whose favor judgment is entered shall be deemed to have waived such party's right to recover any amount due in excess of such judgment, and such party may not recover in a subsequent lawsuit any amount in excess of such judgment.
(e) Whenever a party has commenced postjudgment proceedings for the enforcement of a judgment, and such judgment is subsequently set aside, reversed on appeal or otherwise nullified, such party shall not be liable for damages as a result of such postjudgment proceedings, unless it can be proven that the judgment upon which such proceedings were based was fraudulently obtained.
History: L. 2000, ch. 161, § 34; L. 2002, ch. 157, § 6; July 1.
The provisions of K.S.A. 16-201, 16-204 and 16-205, and amendments thereto, shall apply to judgments entered under the code of civil procedure for limited actions.
History: L. 2000, ch. 161, § 35; January 1, 2001.
Except as modified by subsections (h) and (j) of K.S.A. 61-2912, and amendments thereto, the provisions of K.S.A. 60-252, 60-259 and 60-260, and amendments thereto, shall apply to judgments entered under the code of civil procedure for limited actions where such provisions are not inconsistent with other provisions of the code.
History: L. 2000, ch. 161, § 36; L. 2010, ch. 135, § 207; July 1.
History: L. 2000, ch. 161, § 37; Repealed, L. 2002, ch. 157, § 20; July 1.
An action against a resident of this state, other than an action for which venue is otherwise specifically prescribed by law, may be brought in the county in which:
(a) The defendant resides;
(b) the plaintiff resides if the defendant is served therein;
(c) the cause of action arose;
(d) the defendant has a place of business or of employment if the defendant is served therein;
(e) the estate of a deceased person is being probated if such deceased person was jointly liable with the defendant and a demand to enforce such liability has been duly exhibited in the probate proceedings of such decedent's estate; or
(f) there is located tangible personal property which is the subject of an action for the possession thereof if immediate possession is sought in accordance with K.S.A. 61-3701, and amendments thereto, at the time of the filing of the action.
History: L. 2000, ch. 161, § 38; January 1, 2001.
An action against a domestic corporation, or against a foreign corporation which is qualified to do business in this state, other than an action for which venue is otherwise specifically prescribed by law, may be brought in the county in which:
(a) Its registered office is located;
(b) the cause of action arose;
(c) the defendant is transacting business at the time of the filing of the petition; or
(d) there is located tangible personal property which is the subject of an action for the possession thereof if immediate possession is sought in accordance with K.S.A. 61-3701, and amendments thereto, at the time of the filing of the action.
History: L. 2000, ch. 161, § 39; January 1, 2001.
An action against a nonresident of this state, or against a corporation which is not qualified to do business in this state, other than an action for which venue is otherwise specifically prescribed by law, may be brought in the county in which:
(a) The plaintiff resides, or if the plaintiff is a corporation, in the county of its registered office or in which it maintains a place of business;
(b) the defendant is served;
(c) the cause of action arose;
(d) the defendant is transacting business at the time of the filing of the petition;
(e) there is property of the defendant, or debts owing to the defendant; or
(f) there is located tangible personal property which is the subject of an action for the possession thereof if immediate possession is sought in accordance with K.S.A. 61-3701, and amendments thereto, at the time of the filing of the action.
History: L. 2000, ch. 161, § 40; January 1, 2001.
Any action brought against a public utility, common carrier or transportation system for any liability or penalty or forfeiture, may be brought in any county into or through which such public utility, common carrier or transportation system operates regularly.
History: L. 2000, ch. 161, § 41; January 1, 2001.
If there are several plaintiffs properly joined and venue is determined by the residence of one of them, it shall be necessary that such plaintiff's claim is a substantial part of the action. If there are several defendants properly joined, venue of the action may be determined at the election of the plaintiff as to any one of the defendants against whom a substantial claim exists. If, before trial of an action on the merits is commenced, a party with reference to whom venue was determined ceases to be a party and venue would no longer be proper as to the remaining parties, on the application of any remaining party promptly made, the cause shall be transferred to a court of a county of proper jurisdiction and venue. If there is more than one such county, the transfer shall be to a county selected by the plaintiff.
History: L. 2000, ch. 161, § 42; January 1, 2001.
In all cases pursuant to the provisions of the code of civil procedure for limited actions in which it shall be made to appear that a fair and impartial trial cannot be had in the county where the suit is pending, for reasons other than the disqualification of the judge, the court, upon application of either party, may change the place of trial to the district court of some county where the objection does not exist.
History: L. 2000, ch. 161, § 43; January 1, 2001.
Objection to the venue of an action shall not be allowed except on timely motion made and for grounds established before trial of the action is commenced on the merits.
History: L. 2000, ch. 161, § 44; January 1, 2001.
If an action is commenced in good faith and a subsequent timely objection to the venue is sustained, or if before trial on the merit commences, it is found that no cause of action exists in favor of or against a party upon whom venue was dependent, the action shall be transferred to a court of proper jurisdiction of any county of proper venue. If there is more than one such county, the transfer shall be to the court of a county selected by the plaintiff. In accordance with K.S.A. 61-4001, and amendments thereto, the receiving district court shall require the payment of an appropriate docket fee from the movant.
History: L. 2000, ch. 161, § 45; January 1, 2001.
The provisions of article 7 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, relating to attachment shall govern attachment proceedings for actions pursuant to the code of civil procedure for limited actions, except the provisions of K.S.A. 60-711, and amendments thereto, relating to the appointment of a receiver, and the provisions of article 7 of chapter 60 of the Kansas Statutes Annotated relating to the attachment of real property, shall not be applicable in lawsuits filed under the code of civil procedure for limited actions.
History: L. 2000, ch. 161, § 46; January 1, 2001.
Garnishment is a procedure whereby the wages, money or intangible property of a person can be seized or attached pursuant to an order of garnishment issued by the court under the conditions set forth in the order.
History: L. 2000, ch. 161, § 47; January 1, 2001.
An order of garnishment before judgment may be obtained only upon order of a judge of the district court pursuant to the procedure to obtain an order of attachment. No order of garnishment may be obtained before judgment where the property sought to be attached is wages earned by the person being garnished.
History: L. 2000, ch. 161, § 48; January 1, 2001.
(a) As an aid to the collection of a judgment, an order of garnishment may be obtained at any time after 14 days following judgment. There is no requirement that an execution first be issued and returned unsatisfied.
(b) The party requesting a garnishment shall file a request in an individual case or by a master request covering more than one case asking the court to issue an order of garnishment. The request shall designate whether the order of garnishment is to be issued to attach earnings or to attach other property of the judgment debtor. If such party seeks to attach earnings of the judgment debtor to enforce:
(1) An order of any court for the support of any person;
(2) an order of any court of bankruptcy under chapter 13 of the United States bankruptcy code; or
(3) a debt due for any state or federal tax, the direction of the party shall so indicate. No bond is required for an order of garnishment issued after judgment.
History: L. 2000, ch. 161, § 49; L. 2010, ch. 135, § 208; July 1.
This section shall apply if the garnishment is to attach intangible property other than earnings of the judgment debtor.
(a) The order of garnishment and the appropriate form for the garnishee's answer shall be served on the garnishee in the same manner as process is to be served pursuant to K.S.A. 61-3001 through 61-3006, and amendments thereto, except that the garnishee may be served by any means provided under K.S.A. 61-3001 through 61-3006, and amendments thereto, at the garnishee's business or office location and this shall be considered proper service. A copy of the answer form shall be served if the garnishment order is not served electronically. If the order is served prior to a judgment, the order shall also be served on the judgment debtor, if the judgment debtor can be found, except that the order shall not be served on the judgment debtor until after service has been made on the garnishee. Failure to serve the judgment debtor shall not relieve the garnishee from liability under the order.
(b) The order of garnishment shall have the effect of attaching:
(1) All intangible property, funds, credits or other indebtedness belonging to or owing the judgment debtor, other than earnings, which is in the possession or under the control of the garnishee, and all such credits and indebtedness due from the garnishee to the judgment debtor at the time of service of the order; and
(2) all such personal property coming into the possession or control of the garnishee and belonging to the judgment debtor, and all such credits and indebtedness becoming due to the judgment debtor between the time the order is served on the garnishee and the time the garnishee makes the answer of the garnishee. Where the garnishee is an executor or administrator of an estate in which the judgment debtor is or may become a legatee or distributee thereof, the order of garnishment shall have the effect of attaching and creating a first and prior lien upon any property or funds of such estate to which the judgment debtor is entitled upon distribution of the estate, and such garnishee shall be prohibited from paying over to the judgment debtor any of such property or funds until so ordered by the court from which the order of garnishment was issued.
(c) The garnishee, without prior agreement, may withhold and retain to defray the garnishee's costs, an administrative fee of $10 for each order of garnishment that attaches funds, credits or indebtedness. Such administrative fee shall be in addition to the amount required to be withheld under the order for garnishment, except that if the amount required to be withheld under the order for garnishment is greater than the amount of the funds, credits or indebtedness held by the garnishee, the fee shall be deducted from the amount withheld.
History: L. 2000, ch. 161, § 50; L. 2002, ch. 157, § 7; July 1.
(a) The written direction of a party seeking an order of garnishment attaching funds, credits or indebtedness held by a bank, savings and loan association, credit union or finance company shall state the amount to be withheld, which shall be 110% of the amount of the judgment creditor's claim, in the case of prejudgment garnishment, or 110% of the amount of the current balance due under the judgment, in the case of postjudgment garnishment. The garnishee, without prior agreement, may withhold and retain to defray the garnishee's costs, an administrative fee of $15 for each order of garnishment that attaches funds, credits or indebtedness. Such administrative fee shall be in addition to the amount required to be withheld under the order for garnishment, except that if the amount required to be withheld under the order for garnishment is greater than the amount of the funds, credits or indebtedness held by a bank, savings and loan association, credit union or finance company, the fee shall be deducted from the amount withheld.
(b) All orders of garnishment issued in this state for the purpose of attaching funds, credits or indebtedness held by a bank, savings and loan association, credit union or finance company shall include the judgment debtor's address and tax identification number, if known, and shall specify the amount of funds, credits or indebtedness to be withheld by the garnishee, which shall be 110% of the amount of the judgment creditor's claim or 110% of the amount of the current balance due under the judgment, as stated in the written direction of the party seeking the order.
(c) The forms provided by law for an order of garnishment attaching funds, credits or indebtedness held by a bank, savings and loan association, credit union or finance company shall include the following statement:
"If you hold any funds, credits or indebtedness belonging to or owing the judgment debtor, the amount to be withheld by you pursuant to this order of garnishment is not to exceed
$_______________________________________________________."
(amount stated in direction)
(d) (1) The forms provided by law for the answer to an order of garnishment attaching funds, credits or indebtedness held by a bank, savings and loan association, credit union or finance company shall include the following statement:
"The amount of the funds, credits or indebtedness belonging to or owing the judgment debtor which I shall hold shall not exceed
$_______________________________________________________."
(amount stated in order)
(2) The answer shall further include information that such account is owned in joint tenancy with one or more individuals who are not subject to the garnishment, if applicable.
(e) If an order of garnishment attaches funds, credits or indebtedness held by a bank, savings and loan association, credit union or finance company and the garnishee holds funds or credits or is indebted to the judgment debtor in two or more accounts, the garnishee may withhold payment of the amount attached from any one or more of such accounts.
(f) If an order of garnishment attaches funds, credits or indebtedness held by a bank, savings and loan association, credit union or finance company and the garnishee holds funds or credits or is indebted to the judgment debtor in an account which judgment debtor owns in joint tenancy with one or more individuals who are not subject to the garnishment, the garnishee shall withhold the entire amount sought by the garnishment. Neither the garnishor nor the garnishee shall be liable to the joint owners if the ownership of the funds is later proven not to be the judgment debtor's.
(g) No party shall seek an order of garnishment attaching funds, credits or indebtedness held by a bank, savings and loan association, savings bank, credit union or finance company except on good faith belief of the party seeking garnishment that the party to be served with the garnishment order has, or will have, assets of the judgment debtor. Except as provided further, not more than two garnishments shall be issued by a party seeking an order of garnishment applicable to the same claim or claims and against the same judgment debtor in any 30-day period. A judge may order an exception to this subsection in any case in which the party seeking the garnishment shall in person or by attorney: (1) Certify that the garnishment is not for the purpose of harassment of the debtor, and (2) state facts demonstrating to the satisfaction of the judge that there is reason to believe that the garnishee has property or credits of the debtor which are not exempt from execution.
History: L. 2000, ch. 161, § 51; L. 2012, ch. 68, § 5; July 1.
This section must apply if the garnishment is to attach earnings of the judgment debtor.
(a) The order of garnishment and the appropriate form for the garnishee's answer must be served on the garnishee in the same manner as process is to be served pursuant to K.S.A. 61-3001 through 61-3006, and amendments thereto, at the garnishee's business or office location and this must be considered proper service. A copy of the answer form must be served if the garnishment order is not served electronically. If the party having requested the garnishment is notified by the garnishee that the judgment debtor has never been employed by the garnishee or the judgment debtor's employment has been terminated, the party seeking the garnishment must forthwith file a release with the clerk of the court of such garnishment.
(b) The order of garnishment must have the effect of attaching the nonexempt portion of the judgment debtor's earnings for all pay periods which end while the order is in effect. The order must remain in effect until either of the following occur, whichever is sooner: (1) The judgment is paid; or (2) the garnishment is released. The party for whom the garnishment is issued must file a release with the clerk of the court upon satisfaction of the judgment and provide a copy thereof to the defendant and garnishee. Nonexempt earnings are earnings which are not exempt from wage garnishment pursuant to K.S.A. 60-2310, and amendments thereto. Computation of the nonexempt portion of the judgment debtor's wages for the pay period or periods covered by the order must be made in accordance with the directions accompanying the garnishee's answer form pursuant to the order of garnishment. The order of garnishment must also constitute an order of the court directing the garnishee to pay to the judgment creditor all earnings which are to be withheld by the garnishee under the order of garnishment as more particularly provided in the answer of the garnishee. A party or the court may request a written explanation of the garnishee's computations of earnings withheld during any pay period and the explanation must be submitted by affidavit to all parties and the court within 14 days after such request. Service of the request must be in the same manner as process is to be served pursuant to K.S.A. 61-3001 through 61-3006, and amendments thereto.
(c) From income due the judgment debtor, the garnishee may withhold and retain to defray the garnishee's costs, an administrative fee of $10 for each pay period for which income is withheld, not to exceed $20 for each 30 day period for which income is withheld, whichever is less. Such administrative fee must be in addition to the amount required to be withheld under the order for garnishment. If the addition of this fee causes the total amount withheld to exceed the restrictions imposed by subsection (b) of K.S.A. 60-2310, and amendments thereto, the fee must be deducted from the amount withheld.
(d) The party having requested the garnishment must provide the garnishee the unsatisfied balance of the judgment at the time of issuance of the order of garnishment.
(e) For any continuing garnishment, the party having requested the garnishment must maintain an accounting and record of the judgment reflecting thereon all garnishment proceeds received and applied, all interest accrued thereon, and any and all credits applied in satisfaction thereof, and the remaining unsatisfied balance of such judgment. The party requesting the garnishment must produce a copy of such accounting and record upon request of the court. The garnishee may request, in writing by first class mail, an unsatisfied balance from the judgment creditor or, if represented by an attorney, such request may also be by facsimile or electronic mail with read receipt confirmation. If the garnishee fails to receive a response, within seven days following the request, the garnishee may submit a written statement to the judgment creditor or, if represented, to the judgment creditor's attorney in the same fashion as the original request, advising that the garnishee intends to stop withholding earnings pursuant to the garnishment order 14 days following the date of the statement unless the garnishee receives written notice of objection from the judgment creditor or judgment creditor's attorney as well as the requested unsatisfied balance. If no objection is timely received by the garnishee, the garnishee will thereafter have no duty to withhold earnings.
History: L. 2000, ch. 161, § 52; L. 2002, ch. 157, § 8; L. 2010, ch. 85, § 4; July 1.
(a) Immediately following the time the order of garnishment is served on the garnishee, the party seeking the garnishment shall send a notice to the judgment debtor in any reasonable manner, notifying the judgment debtor:
(1) That a garnishment order has been issued against the judgment debtor and the effect of such order;
(2) of the judgment debtor's right to assert any claim of exemption allowed under the law with respect to a garnishment against property other than earnings or of the judgment debtor's right to object to the calculation of exempt and nonexempt earnings with respect to a garnishment against the earnings of the debtor; and
(3) of the judgment debtor's right to a hearing on such claim or objection. The notice shall contain a description of the exemptions that are applicable to garnishments and the procedure by which the judgment debtor can assert any claim of exemption.
(b) If the judgment debtor requests a hearing to assert any claim of exemption, the request shall be filed no later than 14 days following the date the notice is served on the judgment debtor. If a hearing is requested, the hearing shall be held by the court no sooner than seven days nor later than 14 days after the request is filed. At the time the request for hearing is filed, the judgment debtor shall obtain from the clerk or court the date and time for the hearing which shall be noted on the request form. Immediately after the request for hearing is filed, the judgment debtor shall hand-deliver to the party seeking the garnishment or such party's attorney, if the party is represented by an attorney, or mail to the party seeking the garnishment or such party's attorney, if the party is represented by an attorney, by first-class mail at the party seeking the garnishment or such party's attorney's last known address, a copy of the request for hearing.
(c) If a hearing is held, the judgment debtor shall have the burden of proof to show that some or all of the property subject to the garnishment is exempt, and the court shall enter an order determining the exemption and such other order or orders as is appropriate.
History: L. 2000, ch. 161, § 53; L. 2002, ch. 157, § 9; L. 2010, ch. 135, § 209; July 1.
This section shall apply if the garnishment is to attach intangible property other than earnings of the judgment debtor.
(a) Within 14 days after service upon a garnishee of an order of garnishment the garnishee shall complete the answer in accordance with the instructions accompanying the answer form stating the facts with respect to the demands of the order.
(b) (1) Except as otherwise provided in subsection (b)(2), the garnishee shall send the completed answer to the judgment creditor's attorney at the address listed on the answer form or, if the judgment creditor does not have an attorney, to the judgment creditor and judgment debtor at the addresses listed on the answer form. The answer shall be supported by unsworn declaration in the manner set forth on the answer form.
(2) If the garnishee does not have assets of the judgment debtor, the garnishee shall send the completed answer to the judgment creditor's attorney at the address listed on the answer form or, if the judgment creditor does not have an attorney, to the judgment creditor at the address listed on the answer form. The answer shall be supported by unsworn declaration in the manner set forth on the answer form.
History: L. 2000, ch. 161, § 54; L. 2002, ch. 157, § 10; L. 2010, ch. 135, § 210; L. 2012, ch. 68, § 6; L. 2013, ch. 31, § 2; July 1.
This section must apply if the garnishment is to attach earnings of the judgment debtor.
(a) Within 14 days following the date of service upon a garnishee of an initial order of garnishment, the garnishee must complete the answer in accordance with the instructions accompanying the answer form and send the completed answer to each judgment creditor and judgment debtor at the addresses listed on the answer form. The garnishee must designate on the answer in the space provided on the answer form the name and case number for each judgment creditor who has a garnishment order in effect for the same debtor and the amount that is due each judgment creditor under the garnishment in accordance with the instructions accompanying the answer form. Only one answer needs to be completed for each judgment debtor by the garnishee and the garnishee may duplicate the completed answer in any manner the garnishee desires for distribution to each judgment creditor and judgment debtor. The answer must be supported by unsworn declaration in the manner set forth on the answer form. Once the garnishee has distributed the answer to the initial order of garnishment, no further answer is required. A party or the court may request a written explanation of the garnishee's computations of earnings withheld during any pay period and the explanation must be submitted by affidavit to all parties and the court within 14 days after such request. Service of the request must be in the same manner as process is to be served pursuant to K.S.A. 61-3001 through 61-3006, and amendments thereto.
(b) If there are other liens against the judgment debtor's earnings which by law have priority over garnishments, the garnishee must so indicate on the answer. In such event, the garnishment must remain in effect but no earnings of the debtor must be withheld under the garnishment order unless and until all liens having priority are released or satisfied or the earnings being withheld under all of such liens are less than the amount which is exempt under K.S.A. 60-2310, and amendments thereto.
History: L. 2000, ch. 161, § 55; L. 2002, ch. 157, § 11; L. 2010, ch. 85, § 5; July 1.
(a) No later than 14 days after the garnishee makes the answer and sends it to the judgment creditor and judgment debtor, the judgment creditor or judgment debtor, or both, may file a reply disputing any statement in the answer of the garnishee. A copy of the reply shall be sent by the party filing same to the other party, to any other judgment creditors affected and to the garnishee. The party filing the reply shall notify the court and schedule a hearing on the reply to be held within 30 days after filing of the reply.
(b) At the hearing, the court shall determine and rule on all issues related to the reply. The burden of proof shall be upon the party filing the reply to disprove the statements of the answer, except that the garnishee shall have the burden of proving offsets or indebtedness claimed to be due from the judgment debtor to the garnishee, or liens asserted by the garnishee against personal property of the judgment debtor. The provisions of K.S.A. 60-719, and amendments thereto, relating to offsets claimed by the garnishee shall be applicable to lawsuits filed pursuant to the code of civil procedure for limited actions.
History: L. 2000, ch. 161, § 56; L. 2010, ch. 135, § 211; L. 2012, ch. 68, § 7; July 1.
(a) The court shall direct the garnishee to pay to the judgment creditor such amount that the garnishee is holding, as indicated by the answer, or such lesser amount as warranted, if:
(1) The garnishment has attached to intangible property other than earnings of the judgment debtor;
(2) fourteen days have passed since receipt of the answer of the garnishee by the judgment creditor; and
(3) no reply to the answer has been filed.
(b) The judgment creditor shall promptly refund to the judgment debtor any overpayment of the claim. The garnishee may release the funds, credits or indebtedness that have been attached pursuant to the order of garnishment if no order to pay the judgment creditor has been received within 60 days following the receipt of the answer of the garnishee by the judgment creditor.
(c) The garnishee shall not be liable to any judgment creditor or judgment debtor and shall not be assessed any penalty by reason of any action taken in good faith by the garnishee in accordance with the provisions of article 35 of chapter 61 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2000, ch. 161, § 57; L. 2003, ch. 131, § 2; L. 2010, ch. 135, § 212; L. 2012, ch. 68, § 8; July 1.
This section shall apply if the garnishment is to attach earnings of the judgment debtor. If no reply is made to the answer of garnishee within 14 days following the date the garnishee has sent the completed answer to the judgment creditor and judgment debtor, the garnishee shall promptly thereafter pay the earnings withheld as indicated on the answer to all judgment creditors designated on the answer in the amount due each as indicated on the answer, unless the garnishee receives prior to such payment an order of the court to the contrary. If any judgment creditor receives more than they are entitled to, that judgment creditor shall promptly pay the excess amount pro-rata to the other judgment creditors designated on the answer, or if no such other judgment creditors are designated, the judgment creditor shall promptly pay the excess amount to the judgment debtor.
History: L. 2000, ch. 161, § 58; L. 2002, ch. 157, § 12; L. 2010, ch. 135, § 213; July 1.
If the garnishee fails to answer within the time and manner specified in the order of garnishment, the judgment creditor may file a motion and shall send a copy of the motion to the garnishee and the judgment debtor in the manner allowed under K.S.A. 61-2907, and amendments thereto. At the hearing on the motion, the court may grant judgment against the garnishee for the amount of the judgment creditor's judgment or claim against the judgment debtor or for such other amount as the court deems reasonable and proper, and for the expenses and attorney fees of the judgment creditor. If the claim of the plaintiff has not been reduced to judgment, the liability of the garnishee shall be limited to the judgment ultimately rendered against the judgment debtor.
History: L. 2000, ch. 161, § 59; January 1, 2001.
If after the time the garnishee is to make payment of funds or property held under a garnishment, the garnishee fails or refuses to pay or deliver property to the judgment creditor, the judgment creditor may file a motion and shall send a copy of the motion to the garnishee and the judgment debtor in the manner allowed under K.S.A. 61-2907, and amendments thereto. At the hearing on the motion, the court may find the garnishee in contempt and punish the garnishee by a fine or may enter judgment against the garnishee for such amount as the court deems reasonable and proper, including the expenses and attorney fees of the judgment creditor.
History: L. 2000, ch. 161, § 60; January 1, 2001.
The provisions of K.S.A. 60-721, 60-722, 60-723 and 60-724, and amendment thereto, shall be applicable to lawsuits filed pursuant to the code of civil procedure for limited actions.
History: L. 2000, ch. 161, § 61; January 1, 2001.
The provisions of K.S.A. 60-262, and amendments thereto, shall apply to judgments entered under the code of civil procedure for limited actions, except as to judgments entered in eviction lawsuits under sections K.S.A. 61-3801 through 61-3808, and amendments thereto. A judgment entered in an eviction lawsuit may be enforced as soon as it is entered.
History: L. 2000, ch. 161, § 62; January 1, 2001.
General and special executions or orders of sale upon judgments entered under the code of civil procedure for limited actions shall be taken in the manner provided in article 24 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto. The provisions of K.S.A. 60-2410, 60-2414 and 60-2416, and amendments thereto, shall not be applicable to post-judgment proceedings pursuant to the code of civil procedure for limited actions, nor shall execution and orders of sale issued pursuant to the code of civil procedure for limited actions be levied upon real property of the judgment debtor except as provided in K.S.A. 60-2418, and amendments thereto.
History: L. 2000, ch. 161, § 63; January 1, 2001.
The provisions of article 23 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, relating to exemptions from seizure and sale, shall apply to attachments, executions and other process issued from any court in this state pursuant to the code of civil procedure for limited actions.
History: L. 2000, ch. 161, § 64; January 1, 2001.
(a) As an aid to the collection of a judgment, the judgment creditor is entitled to have an order for a hearing in aid of execution issued by the court at any time after 14 days after judgment. There is no requirement that an execution first be issued and returned unsatisfied. No application for such order needs to be filed except as specially required in this section.
(b) An order for a hearing in aid of execution may be issued at the request of a judgment creditor in an individual case or by a master request covering more than one case, and shall require the judgment debtor to either: (1) Contact the judgment creditor or attorney prior to the date set for the hearing to furnish information under oath or penalty of perjury concerning the judgment debtor's property and income; or (2) appear and furnish information under oath or penalty of perjury when required by the court concerning the debtor's property and income before the court at a time and place specified in the order within the county where the court is situated. The court may cancel the hearing if the judgment debtor has furnished to the judgment creditor satisfactory information concerning the debtor's property and income prior to the date and time for the hearing. Witnesses may also be subpoenaed to testify at the hearing.
(c) If the judgment debtor resides in another county in this state or outside of this state, the court can order such judgment debtor to appear if the court finds that it will not cause undue hardship on the judgment debtor to appear.
(d) It shall be the duty of the judge to assist in the enforcement of the judgments of the court. To this end, at any hearing in aid of execution, when the existence of any nonexempt property of the judgment debtor is disclosed, the court shall order the judgment debtor to deliver the property to the sheriff or a duly appointed process server. If the property is other than currency, the property shall be sold in the same manner as other property taken under execution is sold and the proceeds from the sale shall be applied to the judgment and costs.
History: L. 2000, ch. 161, § 65; L. 2002, ch. 157, § 13; L. 2010, ch. 135, § 214; July 1.
If a judgment debtor appears pursuant to an order for a hearing in aid of execution, the court may order the debtor to return to court from time to time to furnish current information under the procedure set forth in K.S.A. 61-3604, and amendments thereto. To avoid unnecessary filings, the court shall adopt a policy limiting the frequency with which the judgment debtor may be ordered to return to court. Such policy shall provide that a judgment debtor who has made regular payments as agreed between the parties, or who is found to be disabled and otherwise unable to pay, shall not be required to return to court more frequently than yearly.
History: L. 2000, ch. 161, § 66; January 1, 2001.
If a person fails to appear in response to an order for a hearing in aid of execution, or if a person who has been subpoenaed to testify at the hearing fails to appear or to testify concerning anything about which the person can lawfully be questioned, the court shall issue a citation for contempt to that person providing that the person must appear in court at a date and time specified to show cause why the debtor should not be held in contempt and punished for contempt. The citation for contempt does not need to be supported by affidavit or other verification.
History: L. 2000, ch. 161, § 67; L. 2002, ch. 157, § 14; July 1.
If on hearing, the court determines that a judgment debtor is guilty of contempt, the court may punish the person by a fine in an amount to be set by the court or by imprisonment in the county jail for a period of not to exceed 30 days, or both. The court may also order the person guilty of contempt to pay the reasonable attorney fees incurred by the judgment creditor in the filing of the contempt citation and the hearing thereon.
History: L. 2000, ch. 161, § 68; January 1, 2001.
(a) If a person fails to comply with the requirements of K.S.A. 61-3606, and amendments thereto, or if it appears to the court that the person is hiding to avoid the process of the court or is about to leave the county for that purpose, the court may issue a bench warrant commanding the sheriff to whom it is directed to bring such person before the court to answer for contempt. The bench warrant does not need to be supported by affidavit or other verification. The court may make such orders concerning the release of the person pending the hearing as the court deems proper.
(b) When such person is brought before the court, a hearing shall be held to determine if the person should be punished for contempt. If the court determines that the person is guilty of contempt, the court may punish the person by a fine in an amount to be set by the court or by imprisonment in the county jail for a period of not to exceed 30 days, or both. The court may also order the person guilty of contempt to pay the reasonable attorney fees incurred by the judgment creditor in the filing of the bench warrant and the hearing thereon.
History: L. 2000, ch. 161, § 69; L. 2002, ch. 157, § 15; July 1.
If the judgment debtor is employed in this state and either the debtor is a nonresident of this state or the place of residence is unknown, the order for a hearing in aid of execution and citation for contempt may be served on the judgment debtor at the place of employment. An employer shall not unreasonably impede or impair the service of process on an employee who is a judgment debtor.
History: L. 2000, ch. 161, § 70; January 1, 2001.
The provisions of K.S.A. 60-2403 and 60-2404, and amendments thereto, shall apply to judgments entered under the code of civil procedure for limited actions.
History: L. 2000, ch. 161, § 71; January 1, 2001.
Any person who claims to have succeeded to the interest of the holder of a judgment by appointment as personal representative for a judgment holder, by assignment, by operation of law, or otherwise, shall file a notice setting forth the basis for their claim, and thereafter such successor in interest shall be entitled to all the rights and remedies available to such successor's predecessor and may proceed to enforce the same in such successor's own name as such successor. It shall not be necessary to file with the clerk the documents which form the basis for the claim. If the validity of any such transfer is disputed by any party affected thereby, the court shall on reasonable notice to all interested parties whose whereabouts are known, determine the respective rights and liabilities of all the parties.
History: L. 2000, ch. 161, § 72; January 1, 2001.
Upon the commencement of an action, the plaintiff may recover possession of specific personal property before or after judgment.
(a) Claim for possession of property. A plaintiff may seek an order to obtain possession of specific personal property as follows: Petition. The plaintiff shall file a petition stating:
(1) Plaintiff is the owner or the person lawfully entitled to the possession, the specific property and the factual basis for the claim;
(2) a description of the property;
(3) the property is wrongfully detained by the defendant, or is held by an officer under legal process who has refused delivery on demand; and
(4) the estimated value of the property.
(b) Prejudgment possession of property. A plaintiff may seek an order to obtain immediate possession of specific personal property, before judgment as follows: Petition. The plaintiff shall file a petition signed under penalty of perjury stating:
(1) Plaintiff is the owner or the person lawfully entitled to the possession, the specific property, and the factual basis for the claim;
(2) a description of the property;
(3) the property is wrongfully detained by the defendant, or is held by an officer under legal process who has refused delivery on demand; and
(4) the estimated value of the property.
(c) Hearing; notice, bond. After filing the petition, the plaintiff may apply to the court for an order for the delivery of the property prior to judgment on the merits of the case.
(1) The application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, state with particularity the grounds therefor and set forth the relief or order sought.
(2) The petition and application shall be served upon the defendant pursuant to K.S.A. 61-3001 through 61-3006, and amendments thereto.
(3) After a hearing and presentation of evidence on plaintiff's motion, and if the judge is satisfied as to the probable validity of plaintiff's claim and that delivery of the property to the plaintiff is in the interest of justice and will properly protect the interests of all the parties, the judge may enter or cause to be entered an order for the delivery of the property to the plaintiff.
(4) Prior to the issuance of the order for delivery of the property, the plaintiff shall file a bond with the clerk of the court.
(d) Bond; contents, insufficiency.
(1) The bond shall be executed by the plaintiff and one or more sufficient sureties in a sum double the amount of the fair market value of the property, as determined by the judge, or such lesser amount as shall be approved by an order of the judge.
(2) The bond shall be to the effect that the plaintiff shall duly prosecute the action, and pay all costs and damages that may be awarded against the plaintiff, and that if the plaintiff is given possession of the property the plaintiff will return it to the defendant if it be so adjudged. If the bond shall be found to be sufficient, the judge shall approve the same and note approval thereon.
(3) The defendant may challenge the sufficiency of the bond as provided in subsection (b) of K.S.A. 60-705, and amendments thereto.
(4) The court shall release the bond, if the plaintiff abandons the right to take possession of the property, prior to taking possession of the property.
(e) Replevin; without hearing, notice. Notwithstanding the foregoing provisions of this section, the judge may enter or cause to be entered the order for delivery of property after an ex parte hearing and without notice to and the opportunity for a hearing by the defendant, if the judge is satisfied as to the probable validity of the following additional allegations to be contained in plaintiff's petition:
(1) Possession of the property by the plaintiff is directly necessary to secure an important governmental or general public interest; and
(2) there is a special need for very prompt action due to the immediate danger that the defendant will destroy or conceal the property.
(f) Property in custodia legis. If the property is in the custody of an officer under any legal process, it shall nevertheless be subject to replevin under this section, but if the same is in the custody of any officer under any process issued out of a judicial proceeding, the petition and bond shall be filed in the same proceeding out of which such process issued.
(g) Order for delivery of property. The order for the delivery of the property to the plaintiff shall be delivered to the appropriate officer or person authorized to serve process of any county in the state in which the property is located. The order shall state the names of the parties, the description of the property and the value as set out in plaintiff's petition, or as found by the court at the hearing on plaintiff's application pursuant to subsection (c). The order shall command the appropriate officer to take immediate possession of the property and deliver it to the plaintiff and make return of the order on the day named therein.
(h) Execution of order, return. (1) In the execution of the order the officer may break open any building or enclosure in which the property is located, if the officer cannot otherwise obtain possession of the property or entrance to the building on demand.
(2) The appropriate officer shall execute the order by taking possession of the property described therein, and serving a copy on the person charged with the order of delivery in the same manner as for personal or resident service if the person can be found in the county.
(3) The return day of the order of delivery shall be 14 days after it is issued, if the order is executed within the county where the court is situated. In all other cases, the return day shall be 21 days after the order is issued.
(4) The plaintiff shall have the right to attend execution of the order. Upon inspection of the property the plaintiff may abandon their right to prejudgment possession and shall so advise the appropriate officer and the court.
(i) Perishable goods. When property shall be actually seized which is likely to perish or to materially depreciate in value or threatens to decline speedily in value before the probable termination of the suit, or the keeping of which would be attended with unreasonable loss or expense, the court may order the same to be sold on such terms and conditions as the judge may direct, by the person having charge of the property, and a return of the proceedings thereon shall be made by the person at a time to be fixed by the judge.
(j) Redelivery, bond. The defendant, after service of a copy of the delivery order, may apply to the court for redelivery of the property. The court shall order return of the property to the defendant when the defendant files a bond with the clerk of the court, in an amount equal to the plaintiff's bond, executed by the defendant with one or more sufficient sureties. The bond shall be to the effect that the defendant will deliver the property to the plaintiff if so adjudged, and will pay all costs and damages that may be adjudged against the defendant. If the bond shall be found to be sufficient, the judge shall approve the same and note approval thereon. If the defendant is a public officer, board or government agency, such officer, board or agency, in lieu of giving a redelivery bond, may retain possession of the property seized by filing with the clerk a response certifying that the public health, safety or welfare would be jeopardized or impaired if the plaintiff acquired possession of the property prior to final judgment, in which case hearing may be had on the issue of public interest at the instance of any party.
(k) Judgment in action. (1) In an action to recover the possession of personal property, judgment for the plaintiff may be for possession or for the recovery of possession, or the value thereof in case a delivery cannot be had, and for damages for the detention. If the property has been delivered to the plaintiff and the defendant claims a return thereof, judgment for the defendant may be for a return of the property, or the value thereof in case a return cannot be had, and damages for taking and withholding the same.
(2) In addition to other orders, the court may direct an appropriate officer to put the party entitled to possession in possession of the property.
History: L. 2000, ch. 161, § 73; L. 2010, ch. 135, § 215; July 1.
A plaintiff may bring an action to reduce an indebtedness to a money judgment and to foreclose the security interest in specific personal property given to secure such indebtedness. The plaintiff, at any time before judgment is rendered, may obtain immediate possession of the specified property as follows:
(a) Petition. The plaintiff shall file a petition signed under penalty of perjury stating:
(1) The plaintiff is the secured creditor of the defendant;
(2) the instrument of indebtedness or the terms thereof;
(3) the amount of the indebtedness owed;
(4) the security agreement or the terms thereof;
(5) a description of the personal property;
(6) that plaintiff is lawfully entitled to the foreclosure of the specific personal property;
(7) the estimated value of each item of personal property; and
(8) the defendant is no longer entitled to possess the property.
(b) Prejudgment possession; hearing, notice, bond. After filing the petition, the plaintiff may apply to the court for an order for the delivery of the property before judgment.
(1) The application to the court for an order of delivery shall be by motion which, unless made during a hearing or trial, shall be made in writing, state with particularity the grounds therefor and set forth the relief or order sought.
(2) The petition and application shall be served upon the defendant pursuant to K.S.A. 61-3001 through 61-3006, and amendments thereto.
(3) After a hearing and presentation of evidence on the plaintiff's motion, if the judge is satisfied as to the probable validity of the plaintiff's claim and that delivery of the property to the plaintiff is in the interest of justice and will properly protect the interests of all the parties, the judge may enter or cause to be entered an order for the delivery of the property to the plaintiff.
(4) Prior to the issuance of the order for delivery of the property, the plaintiff shall file a bond with the clerk of the court.
(c) Bond, contents, insufficiency. (1) The bond shall be executed by the plaintiff and one or more sufficient sureties in a sum double the amount of the fair market value of the property, as determined by the judge, or such lesser amount as shall be approved by an order of the judge.
(2) The bond shall be to the effect that plaintiff shall duly prosecute the action, and pay all costs and damages that may be awarded against the plaintiff, and that if the plaintiff is given possession of the property the plaintiff will return it to the defendant if it be so adjudged. If the bond shall be found to be sufficient, the judge shall approve the same and note approval thereon.
(3) The defendant may challenge the sufficiency of the bond as provided in subsection (b) of K.S.A. 60-705, and amendments thereto.
(4) The court shall release the bond, if the plaintiff abandons the right to take possession of the property, prior to taking possession of the property.
(d) Execution of order, return. (1) In the execution of the order the officer may break open any building or enclosure in which the property is located, if the officer cannot otherwise obtain possession of the property or entrance to the building on demand.
(2) The appropriate officer shall execute the order by taking possession of the property described therein, and serving a copy on the person charged with the order of delivery in the same manner as for personal or resident service if the person can be found in the county.
(3) The return day of the order of delivery shall be 14 days after it is issued, if the order is executed within the county where the court is situated. In all other cases, the return day shall be 21 days after the order is issued.
(4) The plaintiff shall have the right to attend execution of the order. Upon inspection of the property the plaintiff may abandon their right to prejudgment possession and shall so advise the appropriate officer and the court.
(e) Perishable goods. When property shall be actually seized which is likely to perish or to materially depreciate in value or threatens to decline speedily in value before the probable termination of the suit, or the keeping of which would be attended with unreasonable loss or expense, the court may order the same to be sold on such terms and conditions as the judge may direct, by the person having charge of the property, and a return of the proceedings thereon shall be made by the person at a time to be fixed by the judge.
(f) Redelivery, bond. The defendant, after service of a copy of the delivery order, may apply to the court for redelivery of the property. The court shall order return of the property to the defendant when the defendant files a bond with the clerk of the court, in an amount equal to the plaintiff's bond, executed by the defendant with one or more sufficient sureties. The bond shall be to the effect that the defendant will deliver the property to the plaintiff if so adjudged, and will pay all costs and damages that may be adjudged against the defendant. If the bond shall be found to be sufficient, the judge shall approve the same and note approval thereon. If the defendant is a public officer, board or government agency, such officer, board or agency, in lieu of giving a redelivery bond, may retain possession of the property seized by filing with the clerk a response certifying that the public health, safety or welfare would be jeopardized or impaired if the plaintiff acquired possession of the property prior to final judgment, in which case a hearing may be had on the issue of public interest at the instance of any party.
(g) Possession in third party. When the officer finds the property in possession of a person other than a defendant and deems it advisable to leave such person in possession, the officer shall declare to the person in possession that such person shall hold such property in such person's possession, subject to the further order of the court, and shall summon such person as a garnishee by serving upon such person a copy of the order which directs the officer to take immediate possession of the property. The court may require of such person in possession an undertaking with good and sufficient sureties in such sum as the court deems sufficient. The undertaking shall be to the effect that such person will deliver the property to the officer at the time and place fixed for sale, if such be ordered by the court. The officer shall give such person written notice of the time and place fixed for the sale by delivery in person or by restricted mail.
(h) Property claimed by third person. If the officer, before proceeding, may require the possession of, or be requested by the plaintiff to take possession of, personal property claimed by any person other than a defendant, the court may require the plaintiff to give the court an undertaking with good and sufficient sureties to pay all costs and damages that the officer may sustain by reason of the execution of such order.
(i) Judgment. Judgment for the plaintiff shall be for a money judgment and foreclosure of the security interest, and the plaintiff may proceed to foreclose the security interest in accordance with the terms of the security agreement covering the property, as governed by the provisions of the uniform commercial code, unless the court otherwise directs. If the court directs the plaintiff to proceed to enforce such plaintiff's judgment other than pursuant to the security agreement, and if the judgment is not satisfied within 14 days thereafter, then the clerk shall issue an order of special execution directed to the appropriate officer to sell the property in accordance with K.S.A. 61-3703, and amendments thereto. If the property is not then in the possession of the officer, the order shall also direct the person having possession to deliver such property to the officer. If the property has been delivered to the officer, and the defendant claims a return thereof, judgment shall be for the defendant or a return of the property and damages for the taking and withholding of same.
History: L. 2000, ch. 161, § 74; L. 2010, ch. 135, § 216; July 1.
(a) Any sale conducted under the provisions of this section shall be subject to the provisions of K.S.A. 60-2406, and amendments thereto, except that the disposition of proceeds after the satisfaction of senior security interests or liens shall be made in accordance with the provisions of K.S.A. 61-3705, and amendments thereto. The officer who shall be directed to sell the personal property, before the officer proceeds to sell the same, shall cause public notice to be given of the time and place of sale, at least 14 days before the day of sale. The notice shall be given by publication at least once each week for two consecutive weeks in any newspaper published in the county, and which is qualified to carry legal publications, or, in the discretion of the court, by posting notices in five public places in the county, one of which shall be on a bulletin board established for public notices in the county courthouse. Within seven days of the date of first publication or posting of notice, plaintiff shall send by restricted mail a copy of such notice to the defendant and to those persons known by the plaintiff to have a security interest in the property. Such notice shall be sent to the last known address of the person to whom sent and shall be in compliance with K.S.A. 2025 Supp. 84-1-202(d) and (e), and amendments thereto. If the personal property cannot be sold at the special execution sale for want of bidders, the plaintiff may direct the officer to return the special execution showing that fact or, at the plaintiff's option, may report the same to the judge and obtain an order permitting a second sale under the same special execution and an extension of the return day of the special execution if that be necessary.
(b) If the personal property to be sold shall consist of more than one item of property, the appropriate officer conducting such sale shall sell only so much of the personal property in the officer's custody as is necessary to satisfy the judgment, interest and costs, and shall return the balance of any property remaining unsold to the defendant by notifying the defendant of the time and place when same may be obtained.
(c) Neither the officer conducting the sale nor any other member of the officer's staff may bid at any such sale.
(d) The provisions of K.S.A. 60-2411, and amendments thereto, relating to advancement of printer's fees shall apply to this section.
History: L. 2000, ch. 161, § 75; L. 2007, ch. 89, § 32; L. 2010, ch. 135, § 217; July 1.
Upon sale of such property, the appropriate officer shall make a return of such sale to the clerk of the court, together with an itemization of the officer's expenses of sale. The court, upon finding the proceedings regular and in conformity with law, shall confirm the same, and order the officer to make to the purchaser a certificate of sale. The certificate of sale shall accurately describe the property sold, name the purchaser and recite the facts of the sale. If a certificate of title is obtainable for such property under the laws of this state, the description of the property shall include the year, make, style and identification number of such property. A certificate of sale shall vest title to the property in the purchaser.
History: L. 2000, ch. 161, § 76; January 1, 2001.
(a) Upon the sale of personal property by the appropriate officer, the clerk of the court shall apply the proceeds of sale in the following priority:
(1) To the court costs of the action including the officer's expenses and cost of publication;
(2) in accordance with the provisions of K.S.A. 60-2406, and amendments thereto;
(3) in satisfaction of all judgments rendered in the action against the defendant or the property in accordance with the priority determined by the court;
(4) any surplus shall be paid to the defendant, except that if any other security interest holder, subsequent to the entering of the judgment of foreclosure, files with the clerk of the court a written notification of demand furnishing reasonable proof of the security interest holder's interest, the clerk shall withhold any payment to the defendant. Such security interest holder shall serve the defendant with notice of the demand within 14 days after such filing and furnish proof of such notice to the court.
(b) If the defendant does not, within 14 days, notify the clerk in writing that the defendant takes exception to the demand of such security interest holder, the clerk shall apply the surplus to the demand and pay any balance to the defendant.
(c) If the defendant, within 14 days, notifies the clerk in writing that the defendant takes exception to the demand, the clerk shall withhold all surplus in the clerk's possession for a period of 30 days. If the security interest holder has not commenced a separate action to recover the security interest holder's claim and garnished the clerk within the time, the clerk shall pay the surplus to the defendant.
History: L. 2000, ch. 161, § 77; L. 2010, ch. 135, § 218; July 1.
K.S.A. 61-3801 through 61-3808, and amendments thereto, shall govern lawsuits brought to evict a person from possession of real property or of an interest in real property.
History: L. 2000, ch. 161, § 78; January 1, 2001.
A judgment in a lawsuit brought under K.S.A. 61-3801 through 61-3808, and amendments thereto, shall not be a bar to any subsequent lawsuit brought by either party for claims not included in such judgment.
History: L. 2000, ch. 161, § 79; January 1, 2001.
Before a lawsuit to evict a person pursuant to K.S.A. 61-3801 through 61-3808, and amendments thereto, is filed, the party desiring to file such lawsuit shall deliver to the other party a notice to leave the premises for which possession is sought. The notice shall be delivered at least three days before commencing the lawsuit, by leaving a written copy with the other party or by leaving a copy thereof with any person over the age of 12 years residing on the premises described in such notice, or if no such person is found upon the premises, by posting a copy of such notice in a conspicuous place thereon, or by mailing a copy of the notice to the other party at the address of the premises described in the notice. The three day notice period provided for in this section shall be computed as three consecutive 24-hour periods to commence at the time the notice is delivered, posted or mailed. If the notice is mailed, an additional two days from the date of mailing shall be allowed for the person to leave the premises before the lawsuit is filed. Intermediate Saturdays, Sundays, legal holidays, and days on which the office of the clerk of the court is not accessible shall be included in the computation of the notice period. The notice may be combined with any notice provided for in K.S.A. 58-2540 et seq., and amendments thereto.
History: L. 2000, ch. 161, § 80; L. 2002, ch. 157, § 16; L. 2010, ch. 11, § 18; April 1.
The petition shall describe the premises for which possession is sought and why the plaintiff is seeking possession. If there is rent due for possession of the premises, the petition may include a request for judgment for that amount or the plaintiff may bring a subsequent lawsuit for that amount.
History: L. 2000, ch. 161, § 81; L. 2002, ch. 157, § 17; July 1.
The time stated in the summons requiring the defendant to appear in response to the petition shall be determined by the court. Such time shall be not less than three nor more than 14 days after the date the summons is issued.
History: L. 2000, ch. 161, § 82; L. 2002, ch. 157, § 18; July 1.
A defendant shall either appear in person or by counsel at the time and date set forth in the summons or file on or before such date a written answer. The answer, when filed, shall contain the information as required under subsection (b) of K.S.A. 61-2904, and amendments thereto.
History: L. 2000, ch. 161, § 83; January 1, 2001.
(a) If a trial is necessary, the trial shall be conducted within 14 days after the appearance date stated in the summons.
(b) No continuance shall be granted unless the defendant requesting a continuance shall file a bond with good and sufficient security approved by the court, conditioned for the payment of all damages and rent that may accrue if judgment is entered against the defendant.
History: L. 2000, ch. 161, § 84; L. 2010, ch. 135, § 219; July 1.
(a) If judgment is entered against the defendant for possession of the subject premises, the court shall issue, at the request of the plaintiff, a writ of restitution which shall direct anyone who is authorized to serve process and who is named in the writ to place the plaintiff in possession of the premises described in the writ.
(b) The writ of restitution shall be executed within 14 days after the person named in the writ receives it, and that person shall file a return as with other writs under the code of civil procedure for limited actions. The person serving the writ may use such reasonable force as is necessary to execute the writ.
(c) If the person named in the writ receives a notice from the court that the proceedings have been stayed by appeal, that person shall immediately delay all further proceedings upon the execution. If the premises have been restored to the plaintiff, the person named in the writ shall immediately place the defendant in the possession thereof.
History: L. 2000, ch. 161, § 85; L. 2002, ch. 157, § 19; L. 2010, ch. 135, § 220; July 1.
Any party to a civil action pursuant to the code of civil procedure for limited actions may appeal from:
(a) A final judgment, except a judgment rendered on confession;
(b) any order, ruling or decision which determines the action at any stage of the proceedings;
(c) any order, ruling or decision that sustains or overrules a motion to dissolve an attachment or to discharge a garnishment; or
(d) any order, ruling or decision that sustains or overrules a motion to vacate the levy under an execution on property claimed to be exempt under the laws of this state.
History: L. 2000, ch. 161, § 86; January 1, 2001.
(a) All appeals from orders, rulings, decisions or judgments of district magistrate judges who are not regularly admitted to practice law in Kansas under the code of civil procedure for limited actions shall be taken in the manner provided in subsection (a) of K.S.A. 60-2103a, and amendments thereto. All appeals from orders, rulings, decisions or judgments of district judges, or district magistrate judges who are regularly admitted to practice law in Kansas, under the code of civil procedure for limited actions shall be taken in the manner provided in subsections (a) and (b) of K.S.A. 60-2103, and amendments thereto. Notwithstanding the foregoing provisions of this subsection, if judgment has been rendered in an action for forcible detainer and the defendant desires to appeal from that portion of the judgment granting restitution of the premises, notice of appeal shall be filed within seven days after entry of judgment. The notice of appeal shall specify the party or parties taking the appeal; the order, ruling, decision or judgment appealed from; and the court to which the appeal is taken.
(b) The provisions of K.S.A. 60-2001, and amendments thereto, shall apply to appeals pursuant to this section.
(c) An appeal from an action heard by a district magistrate judge who is not regularly admitted to practice law in Kansas shall be taken to a district judge of the county. An appeal from an action heard by a district judge, or a district magistrate judge who is regularly admitted to practice law in Kansas, shall be taken to the court of appeals.
History: L. 2000, ch. 161, § 87; L. 2010, ch. 135, § 221; L. 2014, ch. 71, § 9; July 1.
Subject to the rules of the supreme court of this state, once an appeal is perfected, if the judge from whom such appeal is taken is a district magistrate judge who is not regularly admitted to practice law in Kansas, such judge shall notify the chief judge of the judicial district that the appeal has been perfected. The chief judge then shall assign the case to a district judge to hear the appeal.
History: L. 2000, ch. 161, § 88; L. 2014, ch. 71, § 10; July 1.
No execution shall issue upon a judgment, nor shall proceedings be taken for its enforcement, until the expiration of 14 days after its entry. If an appellant does not file a supersedeas bond as provided in the code of civil procedure for limited actions, the taking of an appeal shall not operate to stay proceedings for the enforcement of a final judgment or to take execution thereon. Nothing in this section shall be construed as limiting any power of a judge hearing such appeal to stay proceedings during the pendency of an appeal, to grant an injunction during the pendency of such appeal or to make any other appropriate order to preserve the status quo or the effectiveness of the judgment subsequently to be rendered.
History: L. 2000, ch. 161, § 89; L. 2010, ch. 135, § 222; July 1.
(a) Whenever an appellant entitled thereto desires a stay on appeal from an action pursuant to the code of civil procedure for limited actions, such appellant may present to the judge from which the appeal is taken, for the judge's approval, a supersedeas bond which shall have such surety or sureties as the judge requires. The bond may be given at or after the time of filing the notice of appeal, and the stay is effective when the supersedeas bond is approved by the judge. Such bond shall be conditioned for the satisfaction of the judgment in full together with costs, interest and damages for delay, if for any reason the appeal is dismissed, or if the judgment is affirmed; and to satisfy in full any modification of the judgment and such costs, interests and damages as the appellate court may adjudge and award.
(b) When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest and damages for delay, unless the court after notice and hearing and for good cause shown fixes a different amount or orders security other than the bond. When the judgment determines the disposition of the property in controversy as in replevin, or when such property is in the custody of the sheriff or when the proceeds of such property or a bond for its value is in the custody or control of the court, the amount of the supersedeas bond shall be fixed after notice and hearing at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest and damages for delay. When an order is made discharging, vacating or modifying a provisional remedy, a party aggrieved thereby shall be entitled, upon application to the judge, to have the operation of such order suspended for a period of not to exceed 14 days on condition that, within the period of 14 days, such party shall file notice of appeal and obtain the approval of such supersedeas bond as is required under this section.
(c) In lieu of a supersedeas bond, the court may condition a stay of proceedings pending appeal upon the timely payment into court of the periodic rent otherwise due from the defendant to the plaintiff under the rental agreement pertaining to the real property in issue.
History: L. 2000, ch. 161, § 90; L. 2010, ch. 135, § 223; July 1.
In appeals taken by the defendant in actions for the forcible detention of real property, the supersedeas bond filed on appeal shall be conditioned that the appellant will not commit or suffer waste to be committed on the premises in controversy, and if upon appeal the court judgment be rendered against the appellant, the appellant will pay the value of the use and occupation of the property, from the date such bond was filed until the delivery of the property pursuant to the judgment, and all damages and costs that may be awarded against the appellant.
History: L. 2000, ch. 161, § 91; January 1, 2001.
If a supersedeas bond was not filed with the notice of appeal, and if the action is not yet docketed on appeal, a bond may be filed with the court from which the appeal is taken. After the action is so docketed, application for leave to file a bond may be made only in the appellate court. When the surety for a supersedeas bond shall be insufficient, or such bond is insufficient in form or amount, the appellate court may on motion order a change or renewal of such bond, and direct that it be filed in such court.
History: L. 2000, ch. 161, § 92; January 1, 2001.
By entering into a supersedeas bond given pursuant to K.S.A. 61-3905 and 61-3906, and amendments thereto, the surety submits to the jurisdiction of the court wherein the judgment becomes final, and irrevocably appoints the clerk of such court as the surety's agent upon whom any papers affecting the surety's liability on the bond may be served. The surety's liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the judge prescribes may be served on the clerk of the court who shall forthwith mail copies to the surety if the surety's address is known.
History: L. 2000, ch. 161, § 93; January 1, 2001.
If the appeal is dismissed by the judge hearing such appeal, the action shall be remanded to the judge from which such appeal was taken.
History: L. 2000, ch. 161, § 94; January 1, 2001.
(a)
Docket fee.
(1) No case shall be filed or docketed pursuant to the code of civil procedure for limited actions without the payment of a docket fee in the amount of $35 if the amount in controversy or claimed does not exceed $500; $55 if the amount in controversy or claimed exceeds $500 but does not exceed $5,000; or $101 if the amount in controversy or claimed exceeds $5,000. If judgment is rendered for the plaintiff, the court also may enter judgment for the plaintiff for the amount of the docket fee paid by the plaintiff.
(2) Except as provided further, the docket fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $19 per docket fee, to fund the costs of non-judicial personnel.
(b)
Poverty affidavit; additional court costs; exemptions for the state and municipalities.
The provisions of K.S.A. 60-2001(b), (c) and (d) and 60-2005, and amendments thereto, shall be applicable to lawsuits brought under the code of civil procedure for limited actions.
History: L. 2000, ch. 161, § 95; L. 2001, ch. 211, § 15; L. 2006, ch. 195, § 20; L. 2007, ch. 195, § 33; L. 2008, ch. 95, § 16; L. 2009, ch. 116, § 26; L. 2009, ch. 143, § 23; L. 2010, ch. 62, § 18; L. 2011, ch. 87, § 18; L. 2012, ch. 66, § 19; L. 2013, ch. 125, § 19; L. 2015, ch. 81, § 27; L. 2017, ch. 80, § 22; L. 2019, ch. 58, § 23; July 1.
History: L. 2000, ch. 161, § 95; L. 2001, ch. 211, § 15; L. 2006, ch. 215, § 15; Repealed, L. 2007, ch. 195, § 59; July 1.
The provisions of K.S.A. 60-2002, 60-2003, 60-2006, 60-2610 and 60-2611, and amendments thereto, shall be applicable to lawsuits brought under the code of civil procedure for limited actions.
History: L. 2000, ch. 161, § 96; January 1, 2001.
The applicable provisions of article 25 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, relating to lost or destroyed court files and records, shall govern lost court files and records in actions pursuant to the code of civil procedure for limited actions, except as otherwise provided in the rules of the supreme court of this state.
History: L. 2000, ch. 161, § 97; January 1, 2001.
Whenever an oath is required by the code of civil procedure for limited actions, the affirmation of a person conscientiously opposed to taking an oath shall have the same effect.
History: L. 2000, ch. 161, § 98; January 1, 2001.
If a case arises in which an action or proceeding for the enforcement or protection of a substantive right, or the redress or prevention of a wrong, cannot be had under any specific provisions of the code of civil procedure for limited actions or other statutes, then the court shall proceed as nearly in conformity with the provisions of the code of civil procedure for limited actions as the circumstances permit to do whatever law and justice require for the protection of the parties.
History: L. 2000, ch. 161, § 99; January 1, 2001.
The procedures prescribed by the code of civil procedure for limited actions shall apply to any actions or proceedings commenced, or judgments entered, prior to the enactment of this act.
History: L. 2000, ch. 161, § 100; January 1, 2001.
History: L. 2000, ch. 161, § 101; Repealed, L. 2002, ch. 157, § 20; July 1.
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