reglab/housing_qa huggingface dataset:
KS Stat § 61-2714 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 27 - Small Claims Procedure|61-2714 Use of attorneys; certification by plaintiff of compliance with act; defense related to limit on number of claims.

61-2714. Use of attorneys; certification by plaintiff of compliance with act; defense related to limit on number of claims. (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.
KS Stat § 61-2801 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 28 - Prefatory|61-2801 Title.

61-2801. Title. This act shall be known and may be cited as the code of civil procedure for limited actions.History: L. 2000, ch. 161, § 1; Jan. 1, 2001.
KS Stat § 61-2802 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 28 - Prefatory|61-2802 Application of code.

61-2802. Application of code. (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; Jan. 1, 2001.
KS Stat § 61-2803 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 28 - Prefatory|61-2803 Supreme court rules.

61-2803. Supreme court rules. 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.
KS Stat § 61-2804 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 28 - Prefatory|61-2804 Filings.

61-2804. Filings. 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; Jan. 1, 2001.
KS Stat § 61-2805 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 28 - Prefatory|61-2805 Acts by court or judge.

61-2805. Acts by court or judge. 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; Jan. 1, 2001.
KS Stat § 61-2806 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 28 - Prefatory|61-2806 Construction.

61-2806. Construction. 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; Jan. 1, 2001.
KS Stat § 61-2901 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 29 - Pleadings|61-2901 Name of parties.

61-2901. Name of parties. 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; Jan. 1, 2001.
KS Stat § 61-2902 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 29 - Pleadings|61-2902 Commencement of actions, limitations of actions.

61-2902. Commencement of actions, limitations of actions. (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; Jan. 1, 2001.
KS Stat § 61-2903 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 29 - Pleadings|61-2903 Pleadings and other papers allowed.

61-2903. Pleadings and other papers allowed. (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; Jan. 1, 2001.
KS Stat § 61-2904 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 29 - Pleadings|61-2904 Appearance; answer; counter-claim; affirmative defenses.

61-2904. Appearance; answer; counter-claim; affirmative defenses. (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.
KS Stat § 61-2905 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 29 - Pleadings|61-2905 Counterclaims and cross-claims.

61-2905. Counterclaims and cross-claims. (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; Jan. 1, 2001.
KS Stat § 61-2907 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 29 - Pleadings|61-2907 Service and filing of pleadings and other papers.

61-2907. Service and filing of pleadings and other papers. (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.
KS Stat § 61-2908 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 29 - Pleadings|61-2908 Special matters.

61-2908. Special matters. 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; Jan. 1, 2001.
KS Stat § 61-2909 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 29 - Pleadings|61-2909 Computation and extension of time.

61-2909. Computation and extension of time. 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; Jan. 1, 2001.
KS Stat § 61-2910 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 29 - Pleadings|61-2910 Application of chapter 60, when.

61-2910. Application of chapter 60, when. 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; Apr. 25.
KS Stat § 61-2911 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 29 - Pleadings|61-2911 Claims beyond the scope of actions authorized by 61-2802.

61-2911. Claims beyond the scope of actions authorized by 61-2802. (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; Jan. 1, 2001.
KS Stat § 61-2912 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 29 - Pleadings|61-2912 Adoption by reference of certain provisions of article 2 of chapter 60.

61-2912. Adoption by reference of certain provisions of article 2 of chapter 60. 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.
KS Stat § 61-3001 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 30 - Process|61-3001 Summons; issuance.

61-3001. Summons; issuance. 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; Jan. 1, 2001.
KS Stat § 61-3002 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 30 - Process|61-3002 Same; time for appearance; form.

61-3002. Same; time for appearance; form. (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.