reglab/statecodes huggingface dataset:
2023 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; January 1, 2001.
2023 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.
2023 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; January 1, 2001.
2023 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; January 1, 2001.
2023 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; January 1, 2001.
2023 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; January 1, 2001.
2023 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; January 1, 2001.
2023 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; January 1, 2001.
2023 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.
2023 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; January 1, 2001.
2023 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.
2023 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; January 1, 2001.
2023 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; January 1, 2001.
2023 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; April 25.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 29 - Pleadings › 61-2911 Claims beyond the scope of actions authorized by K.S.A. 61-2802.

61-2911.
Claims beyond the scope of actions authorized by K.S.A. 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; January 1, 2001.
2023 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.
2023 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; January 1, 2001.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 30 - Process › 61-3002 Summons; time for appearance; form.

61-3002.
Summons; 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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 30 - Process › 61-3004 Service of process; time limits; on whom service made.

61-3004.
Service of process; time limits; on whom service made.
(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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 30 - Process › 61-3006 Service of process outside the state.

61-3006.
Service of process outside the state.
(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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 31 - Discovery › 61-3101 Admission of facts and genuineness of documents; withdrawal or amendment of admission.

61-3101.
Admission of facts and genuineness of documents; withdrawal or amendment of admission.
(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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 31 - Discovery › 61-3102 Expenses on refusal to admit truth of matter requested.

61-3102.
Expenses on refusal to admit truth of matter requested.
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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 31 - Discovery › 61-3103 Interrogatories.

61-3103.
Interrogatories.
(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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 31 - Discovery › 61-3104 Subpoenas.

61-3104.
Subpoenas.
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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 31 - Discovery › 61-3105 Depositions.

61-3105.
Depositions.
(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, K.S.A. 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.
* Reference to subsection (b) should be to subsection (a) instead.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 31 - Discovery › 61-3106 Production of documents.

61-3106.
Production of documents.
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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 32 - Pretrial And Trial › 61-3201 Pretrial hearing.

61-3201.
Pretrial hearing.
(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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 32 - Pretrial And Trial › 61-3202 Trial of actions by court or jury; evidence.

61-3202.
Trial of actions by court or jury; evidence.
(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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 33 - Judgment › 61-3301 Default judgment.

61-3301.
Default judgment.
(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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 33 - Judgment › 61-3302 Judgments.

61-3302.
Judgments.
(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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 33 - Judgment › 61-3303 Interest on judgments.

61-3303.
Interest on judgments.
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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 33 - Judgment › 61-3304 Modification of judgment.

61-3304.
Modification of judgment.
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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 34 - Venue › 61-3402 Actions against residents.

61-3402.
Actions against residents.
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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 34 - Venue › 61-3403 Actions against corporations.

61-3403.
Actions against corporations.
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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 34 - Venue › 61-3404 Actions against nonresidents and nonqualified corporations.

61-3404.
Actions against nonresidents and nonqualified corporations.
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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 34 - Venue › 61-3405 Actions against public utility, common carrier or transportation system.

61-3405.
Actions against public utility, common carrier or transportation system.
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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 34 - Venue › 61-3406 Multiple parties.

61-3406.
Multiple parties.
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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 34 - Venue › 61-3407 Change of venue.

61-3407.
Change of venue.
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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 34 - Venue › 61-3408 Time for objection to venue.

61-3408.
Time for objection to venue.
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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 34 - Venue › 61-3409 Effect of improper venue.

61-3409.
Effect of improper venue.
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.