reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 11 - Liens For Labor And Material › 60-1112 Certificate of deposit authorized for state capital improvement projects.

60-1112.
Certificate of deposit authorized for state capital improvement projects.
(a) The director of purchases may accept a certificate of deposit payable to the state instead of any required surety bond from a bidder or contractor in the case of any contract for construction, repairs or improvements under K.S.A. 75-3739, 75-3741 or 60-1111 and amendments thereto. Each such certificate of deposit shall be in an amount which is at least equal to the contract price, shall be subject to forfeiture to the state and shall be in a form and under such other conditions as may be applicable and prescribed by the director of purchases for surety bonds and in accordance with this section.
(b) Each such certificate of deposit shall be retained by the state for at least six months after the final acceptance of the construction, repairs or improvements for which the contract was entered into. At the end of such period, the certificate of deposit may be endorsed back to the vendor or bidder if there are no claims by the state under the contract for which the certificate of deposit was accepted under this section or by any person making a claim against the certificate of deposit under subsection (c). All interest accruing under any such certificate of deposit shall belong to the bidder or contractor unless the certificate of deposit is forfeited to the state or as otherwise provided under subsection (c).
(c) (1) In any case of a breach of performance under a contract for construction, repairs or improvements for which a certificate of deposit was accepted under this section, the director of purchases shall determine the amount of money needed to remedy such breach and may set off the amount from the moneys on deposit under the certificate of deposit, after notice to the contractor of such breach and the amount determined by the director therefor.
(2) In any case of a claim against a certificate of deposit accepted under this section for labor furnished, materials, equipment or supplies used or consumed in connection with or for the contract for construction, repairs or improvements, the director of purchases may pay such claim from the moneys on deposit under the certificate of deposit if the contractor does not dispute such claim or the amount thereof. If the contractor disputes any such claim or the amount thereof, the director of purchases may interplead such claim or claims in the district court for a county where the construction, repairs or improvements are located. The director of purchases may file an original action to resolve such claim or claims, if necessary, and pay any moneys remaining from the certificate of deposit into the district court therefor.
History:
L. 1983, ch. 290, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 12 - Quo Warranto › 60-1201 Proceedings for relief.

60-1201.
Proceedings for relief.
Relief in the form of quo warranto shall be obtained under the same procedure as relief in other civil actions.
History:
L. 1963, ch. 303, 60-1201; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 12 - Quo Warranto › 60-1202 Jurisdiction and grounds.

60-1202.
Jurisdiction and grounds.
Such action may be brought in the supreme court or in the district court in the following cases:
(1) When any person shall usurp, intrude into or unlawfully hold or exercise any public office, or shall claim any franchise within this state, or any office in any corporation created by authority of this state.
(2) Whenever any public officer shall have done or suffered any act which by the provisions of law shall work a forfeiture of his or her office.
(3) When any association or number of persons shall act within this state as a corporation, without being legally incorporated.
(4) When any corporation does or omits acts which amount to a surrender or a forfeiture of its rights and privileges as a corporation, or when any corporation abuses its power or exercises powers not conferred by law.
(5) For any other cause for which a remedy might have been heretofore obtained by writ of quo warranto at common law.
History:
L. 1963, ch. 303, 60-1202; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 12 - Quo Warranto › 60-1203 Name in which action prosecuted; damages.

60-1203.
Name in which action prosecuted; damages.
Where the action is brought by a person claiming an interest in an office, franchise or corporation, or claiming an interest adverse to a resolution, ordinance, franchise, gift or grant, which is the subject of the action, it shall be prosecuted in the name and under the direction of such person, otherwise it shall be prosecuted in the name of the state by the attorney general or county attorney. Whenever the action is brought by the attorney general or the county attorney against a person for usurping an office, the petition shall state the name of the person rightfully entitled to the office. When the action in such case is brought by the person claiming title, such person may claim and recover any damage he or she may have sustained.
History:
L. 1963, ch. 303, 60-1203; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 12 - Quo Warranto › 60-1204 Judgments.

60-1204.
Judgments.
(a) Where party claims office. If judgment be rendered in favor of a party claiming an office he or she shall proceed to exercise the functions of the office, after he or she has been qualified as required by law, and the court shall order the defendant to deliver over all the books and papers in his or her custody or within his or her power, belonging to the office from which the defendant shall have been ousted.
(b) Against corporations. If judgment be rendered against a corporation, or any persons claiming to be a corporation, the court may restrain any disposition of the effects of the corporation, appoint a receiver of its property and effects, take an account, and make a distribution thereof among the creditors and persons entitled, and the corporation will be dissolved.
History:
L. 1963, ch. 303, 60-1204; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 12 - Quo Warranto › 60-1205 Grounds for forfeiture of public office.

60-1205.
Grounds for forfeiture of public office.
Every person holding any office of trust or profit, under and by virtue of any of the laws of the state of Kansas, either state, district, county, township or city office, except those subject to removal from office only by impeachment, who shall (1) willfully engage in misconduct while in office, (2) willfully neglect to perform any duty enjoined upon such person by law, (3) demonstrate mental impairment such that the person lacks the capacity to manage the office held, or (4) who shall commit any act constituting a violation of any penal statute involving moral turpitude, shall forfeit such person's office and shall be ousted from such office in the manner hereinafter provided.
History:
L. 1963, ch. 303, 60-1205; L. 2003, ch. 127, § 10; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 12 - Quo Warranto › 60-1206 Instituting ouster proceedings.

60-1206.
Instituting ouster proceedings.
(a) On complaint. The attorney general or any county attorney in the county of his or her jurisdiction, upon receiving written notice that an officer covered by K.S.A. 60-1205 has violated any of the provisions thereof, shall investigate the complaint. If reasonable cause is found for the complaint, proceedings shall be instituted to oust such officer, but proceedings may be initiated by the attorney general or the county attorney without complaint having been made.
(b) Proceedings against state officers. Proceedings to oust a state officer shall be commenced only by the attorney general. If a complaint is made to a county attorney against a state officer, he or she shall immediately transmit such complaint to the attorney general.
History:
L. 1963, ch. 303, 60-1206; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 12 - Quo Warranto › 60-1207 Suspension of officer during hearing.

60-1207.
Suspension of officer during hearing.
Upon application to the court before which the petition for ouster is pending, an officer may be suspended from performing any of the officer's duties, pending a final hearing and determination of the matter; and the authority having the power of appointment to fill vacancies in such office, shall upon such suspension appoint some proper person temporarily to fill said office and to carry on its duties until such matter shall be finally determined or until the successor of the officer so suspended shall be elected and shall have qualified. No person shall be suspended from office under the provisions of this act until at least seven days' notice of the application for the order of suspension shall be served upon such person, which notice shall set forth the time and place of the hearing of the application and the officer shall have the right to appear and make any defense that the officer may have and shall be entitled to a full hearing upon the charges contained in the complaint and upon the application for the order. No suspension shall be made except upon finding of good cause therefor. If on the final hearing the officer is not removed from office, the officer shall receive the salary allowed by law during the time of the officer's suspension. The officer so temporarily appointed shall receive the same salary as is provided by law to be paid the officer filling such position.
History:
L. 1963, ch. 303, 60-1207; L. 2010, ch. 135, § 173; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 12 - Quo Warranto › 60-1208 Witnesses.

60-1208.
Witnesses.
(a) Testimony; violations. In an investigation of grounds for ouster the attorney general and the county attorneys of the several counties of the state of Kansas shall have the power and they are hereby authorized and directed whenever complaint has been made and the names of the witnesses furnished them, or whenever they deem necessary, to issue subpoenas for such witnesses so furnished them, and for such persons as they shall have reason to believe have any knowledge of the truth of the complaint made, to appear before said attorney general or county attorney, at a time and place to be designated in the subpoena, then and there to testify concerning the subject matter set out in said complaint. Each witness shall be sworn true answers to make to all questions propounded to him or her, touching the matter under investigation, and the testimony of each witness shall be reduced to writing and be signed by the witness. The attorney general, assistant attorney general and the county attorneys of the several counties of the state are hereby authorized and empowered to administer the necessary oaths and affirmations to such witnesses.
(b) Penalties. Any disobedience to such subpoena, or refusal to answer any proper question propounded by the attorney general, assistant attorney general, or county attorney, at such inquiry shall be a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.
(c) Privilege and immunity of witness. No person shall be excused from testifying before said attorney general, assistant attorney general, or county attorney at any such investigation, or be excused from testifying at the request of the state in any proceeding brought under the provisions of this article, on the ground that the person's testimony may incriminate him or her; but no person shall be prosecuted or punished in any criminal proceeding on account of any transaction, matter, or thing concerning which he or she shall be compelled to testify; nor shall such testimony be used against him or her for any crime or misdemeanor under the laws of this state.
History:
L. 1963, ch. 303, 60-1208; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 13 - Receivers › 60-1301 Appointment.

60-1301.
Appointment.
A justice of the supreme court, a judge of the court of appeals or a district judge, or in the district judge's absence from the county a district magistrate judge, shall have authority to appoint a receiver in conformity with the provisions of K.S.A. 60-1302 and 60-1303, and amendments thereto, whose duty it shall be to keep, preserve, and manage all property and protect any business or business interest entrusted to the receiver pending the determination of any proceeding in which such property or interest may be affected by the final judgment. A person who has an interest in property or in the outcome of the proceeding shall not be appointed or continued as a receiver if objection is made thereto by another interested party unless the judge finds and rules that such objection is arbitrary or unreasonable.
History:
L. 1963, ch. 303, 60-1301; L. 1967, ch. 326, § 1; L. 1976, ch. 251, § 22; L. 1986, ch. 115, § 91; January 12, 1987.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 13 - Receivers › 60-1302 Oath and bond.

60-1302.
Oath and bond.
The receiver shall before entering upon his or her duties, (1) be sworn to perform them faithfully, and (2) execute a bond with sufficient sureties to such persons on such conditions and in such sum as the judge shall direct. Additional bond may be required or the bond may be reduced by the court at any time.
History:
L. 1963, ch. 303, 60-1302; L. 1967, ch. 326, § 2; April 28.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 13 - Receivers › 60-1304 Petition for appointment; specifications; notice; bond; application to nonresidents.

60-1304.
Petition for appointment; specifications; notice; bond; application to nonresidents.
A receiver shall not be appointed unless: (a) The petition or application for appointment specifies, to the extent known to the petitioner or applicant, the general character and probable value of the property, business or business interest for which the appointment is sought, and, if real property is involved, the estimated annual income therefrom; (b) notice and an opportunity to be heard is given to the interested parties, including any person or persons known to be in possession of all or any part of such property, business or business interest, unless the judge shall, after the introduction of evidence and a record of the proceeding is made, make a finding that immediate and irreparable injury is likely to result, and shall set forth in the order the probable nature of such immediate and irreparable injury. The judge may also require the petitioner or applicant to execute a bond, on such terms as the judge may direct, which bond shall not be a substitute for or in lieu of the bond of the receiver required in K.S.A. 60-1302. This section shall not apply where the defendant is a nonresident or a foreign corporation not authorized to do business in this state.
History:
L. 1963, ch. 303, 60-1304; L. 1967, ch. 326, § 3; April 28.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 13 - Receivers › 60-1305 Appeal.

60-1305.
Appeal.
An aggrieved party may, within 14 days, appeal from an order appointing or refusing to appoint a receiver without awaiting final determination of the proceeding. If a receiver has been appointed and the appellant files an appeal bond with such terms and conditions as the judge may direct, the appointment shall be suspended and the property retained in the possession of the appellant pending the final determination of the appeal.
History:
L. 1963, ch. 303, 60-1305; L. 2010, ch. 135, § 174; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 14 - Change Of Name › 60-1401 Jurisdiction and costs.

60-1401.
Jurisdiction and costs.
The district court shall have authority to change the name of any person, township, town or city within this state at the cost of the petitioner without affecting any legal right.
History:
L. 1963, ch. 303, 60-1401; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 14 - Change Of Name › 60-1402 Change of name of person; notice; order.

60-1402.
Change of name of person; notice; order.
(a) Petition. A petition may be filed in the county in which the petitioner resides stating: (1) That the petitioner has been a resident of the state for at least 60 days, (2) the reason for the change of name, and (3) the name desired.
(b) Notice. Service of notice of the hearing may be made either by mail or by publication, in the discretion of the court. If notice is directed by publication, such notice shall be published as provided in subsection (d) of K.S.A. 60-307, and amendments thereto; and if notice of hearing is directed to be given by mail, service of notice may be made by registered or certified mail to parties of interest, as prescribed by the court.
(c) Order. If upon hearing the judge is satisfied as to the truth of the allegations of the petition, and that there is reasonable cause for changing the name of the petitioner the judge shall so order.
History:
L. 1963, ch. 303, 60-1402; L. 1974, ch. 240, § 1; L. 1979, ch. 184, § 1; L. 1990, ch. 202, § 12; January 1, 1991.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 14 - Change Of Name › 60-1403 Municipalities.

60-1403.
Municipalities.
A petition for the change of name of any township, town, or city may be filed in the district court of such county, signed by a majority of the legal voters of such body, setting forth the cause why such change is desirable and the name to be substituted. The court, upon being satisfied by proof that the prayer of the petitioners is just and reasonable, that notice as required in the foregoing section has been given, that the petitioners are legal voters of such township, town, or city and that they desire the change, and that such change will not result in an objectionable confusion of names within the state, may order the change prayed for in such petition.
History:
L. 1963, ch. 303, 60-1403; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 15 - Habeas Corpus › 60-1501 Jurisdiction and right to writ; time limitations.

60-1501. Jurisdiction and right to writ; time limitations.
(a) Subject to the provisions of K.S.A. 60-1507, and amendments thereto, any person in this state who is detained, confined or restrained of liberty on any pretense whatsoever, and any parent, guardian, or next friend for the protection of infants or allegedly incapacitated or incompetent persons, physically present in this state may prosecute a writ of habeas corpus in the supreme court, court of appeals or the district court of the county in which such restraint is taking place. No docket fee shall be required, as long as the petitioner complies with the provisions of subsection (b) of K.S.A. 60-2001, and amendments thereto.
(b) Except as provided in K.S.A. 60-1507, and amendments thereto, an inmate in the custody of the secretary of corrections shall file a petition for writ pursuant to subsection (a) within 30 days from the date the action was final, but such time is extended during the pendency of the inmate's timely attempts to exhaust such inmate's administrative remedies.
(c) Except as provided in K.S.A. 60-1507, and amendments thereto, a patient in the custody of the secretary for aging and disability services pursuant to K.S.A. 59-29a01 et seq., and amendments thereto, shall file a petition for writ pursuant to subsection (a) within 30 days from the date the action was final, but such time is extended during the pendency of the patient's timely attempts to exhaust such patient's administrative remedies.
History:
L. 1963, ch. 303, 60-1501; L. 1976, ch. 251, § 23; L. 1994, ch. 227, § 3; L. 1996, ch. 148, § 3; L. 2012, ch. 90, § 2; L. 2014, ch. 115, § 231; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 15 - Habeas Corpus › 60-1502 Petition.

60-1502.
Petition.
The petition shall be verified and state: (1) The place where the person is restrained and by whom; (2) the cause or pretense of the restraint to the best of plaintiff's knowledge and belief; and (3) why the restraint is wrongful. Individuals in the custody of the secretary of corrections must also include a list of all civil actions, including habeas corpus actions, the inmate has filed, or participated in, in any state court within the last five years.
History:
L. 1963, ch. 303, 60-1502; L. 1996, ch. 148, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 15 - Habeas Corpus › 60-1503 The writ.

60-1503.
The writ.
(a) Issuance. The petition shall be presented promptly to a judge in the district court in accordance with the procedure of the court for the assignment of court business. The petition shall be examined promptly by the judge to whom it is assigned. If it plainly appears from the face of the petition and any exhibits attached thereto that the plaintiff is not entitled to relief in the district court, the petition shall be dissolved at the cost of the plaintiff. If the judge finds that the plaintiff may be entitled to relief, the judge shall issue the writ and order the person to whom the writ is directed to file an answer within the period of time fixed by the court or to take such other action as the judge deems appropriate.
(b) Form. The writ shall be directed to the party having the person under restraint and shall command such person to have the restrained person before the judge at the time and place specified in the writ.
(c) Service. The writ shall be served without delay. If directed to the sheriff it shall be served by the clerk. If directed to any other person it shall be served by the sheriff or some other person designated by the judge. If the person to whom it is directed cannot be found or shall refuse admittance, the writ may be served by leaving it at such person's residence or affixing it at some conspicuous place where the party is confined or restrained.
(d) Sundays, holidays and accessibility. The writ may be issued and served at any time, including Sundays, holidays, and days on which the office of the clerk of the court is not accessible.
History: L. 1963, ch. 303, 60-1503; L. 1994, ch. 227, § 4; L. 2010, ch. 11, § 17; April 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 15 - Habeas Corpus › 60-1504 Answer.

60-1504.
Answer.
(a) Time. Except as provided in subsection (b), the person to whom the writ is directed shall file an answer thereto within 72 hours after the writ is served or at such other time as shall be specified in the writ.
(b) Time; exceptions. If the petition for writ challenges a denial of parole or a prison disciplinary action, the person to whom the writ is directed shall file an answer thereto within 30 days after the writ is served or at such other time as specified in the writ.
(c) Contents. The answer must be verified by the person making it and shall contain: (1) a statement of the authority or reasons for the restraint, (2) a copy of the written authority for the restraint, if any, (3) if the custody of the party has been transferred, a statement as to whom, the time, place, and reason for the transfer, and (4) if it is claimed that the party cannot be produced for any reason, a statement as to the reasons why the party cannot be produced.
(d) Truth of contents. The contents of the answer, if not controverted by the plaintiff, shall be accepted as true except as to the extent that the judge finds from the evidence that the contents are not true.
History:
L. 1963, ch. 303, 60-1504; L. 1994, ch. 227, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 15 - Habeas Corpus › 60-1506 Warrant in aid of writ.

60-1506.
Warrant in aid of writ.
(a) Issuance. If it be made to appear by affidavit that a person may be carried out of the jurisdiction or suffer irreparable injury before compliance with the writ can be enforced, the judge may cause a warrant to be issued commanding such person to be brought before him or her forthwith.
(b) Person causing restraint. The judge may also insert in the warrant a command for the apprehension of the person charged with causing the illegal restraint.
(c) Procedure. The officer shall execute the writ by bringing the person therein named before the judge, and the answer and proceedings shall be the same as in cases of writs of habeas corpus.
History:
L. 1963, ch. 303, 60-1506; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 17 - Declaratory Judgments › 60-1701 Jurisdiction; generally.

60-1701.
Jurisdiction; generally.
Courts of record within their respective jurisdictions shall have power to declare the rights, status, and other legal relations whether or not further relief is, or could be sought. No action or proceeding shall be dismissed or stayed for the sole reason that only declaratory relief has been sought. The declaratory may be either affirmative or negative in nature; and such declarations shall have the force and effect of a final judgment.
History:
L. 1963, ch. 303, 60-1701; L. 1993, ch. 202, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 17 - Declaratory Judgments › 60-1703 Further relief.

60-1703.
Further relief.
Further relief based on a declaratory judgment may be granted whenever necessary or proper. The application shall be by petition to a court having jurisdiction to grant the relief. If the application is sufficient, the court, on reasonable notice, shall require any adverse party whose rights have been adjudicated by the declaratory judgment, to show cause why further relief should not be granted.
History:
L. 1963, ch. 303, 60-1703; L. 1993, ch. 202, § 8; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 17 - Declaratory Judgments › 60-1704 Power to construe.

60-1704.
Power to construe.
Any person having an interest under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may seek determination of any question of construction or validity arising under that enactment, document or agreement and may obtain a declaration of rights, status or other legal relations thereunder.
History:
L. 1993, ch. 202, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 17 - Declaratory Judgments › 60-1706 Power to declare rights or legal relations.

60-1706.
Power to declare rights or legal relations.
Any executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or beneficiary, in the administration of a trust, or of the estate of a decedent, an insolvent, a person under 18 years of age or other person for whom a guardian has been appointed, or any person holding an interest in such trust or estate, may seek and obtain declaration of rights or legal relations to:
(a) Ascertain any class of creditors, devisees, legatees, heirs, next of kin or others;
(b) direct the executors, administrators, or trustees to do any particular act in their fiduciary capacity or to refrain from doing any act in such capacity; or
(c) determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
History:
L. 1993, ch. 202, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 17 - Declaratory Judgments › 60-1707 Enumeration not exclusive.

60-1707.
Enumeration not exclusive.
The enumeration in K.S.A. 60-1704, 60-1705 and 60-1706 does not limit or restrict the exercise of the general powers conferred in K.S.A. 60-1701, in any proceeding where declaratory relief is sought, in which a judgment will terminate the controversy or remove an uncertainty.
History:
L. 1993, ch. 202, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 17 - Declaratory Judgments › 60-1708 Discretionary judgment.

60-1708.
Discretionary judgment.
The court may decline to render or enter a declaratory judgment where such judgment, if entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
History:
L. 1993, ch. 202, § 6; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 17 - Declaratory Judgments › 60-1709 Review.

60-1709.
Review.
All orders and judgments under this act may be reviewed as other orders and judgments as provided in K.S.A. 60-2101 through 60-2103 and amendments thereto.
History:
L. 1993, ch. 202, § 7; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 17 - Declaratory Judgments › 60-1710 Civil action and determination.

60-1710.
Civil action and determination.
When a proceeding under this act involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact in other civil actions in the court in which the proceeding is pending.
History:
L. 1993, ch. 202, § 9; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 17 - Declaratory Judgments › 60-1712 Parties.

60-1712. Parties.
When declaratory relief is sought, all persons who have or claim any interest which would be affected by the declaration shall be joined as parties who have or claim any interest which would be affected by the declaration, and no declaration shall be binding against persons not so joined as parties to the proceeding. In any proceeding which challenges the validity of a municipal ordinance or franchise, such municipality shall be made a party. If the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general also shall be given notice and provided an opportunity to appear and be heard in accordance with the provisions of K.S.A. 75-764, and amendments thereto.
History:
L. 1993, ch. 202, § 11; L. 2016, ch. 8, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 17 - Declaratory Judgments › 60-1713 Construction.

60-1713.
Construction.
This act is remedial in nature and its purpose is to settle and provide relief from uncertainty and insecurity with respect to disputed rights, status and other legal relations and should be liberally construed and administered to achieve that purpose.
History:
L. 1993, ch. 202, § 12; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 17 - Declaratory Judgments › 60-1714 Definitions.

60-1714.
Definitions.
As used in this act, "person" means any person, partnership, limited partnership, joint venture, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.
History:
L. 1993, ch. 202, § 13; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 17 - Declaratory Judgments › 60-1715 Severability.

60-1715.
Severability.
The several sections and provisions of this act except K.S.A. 60-1701 and K.S.A. 60-1704, and amendments thereto, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the act invalid or inoperative.
History:
L. 1993, ch. 202, § 14; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 17 - Declaratory Judgments › 60-1716 Uniformity of interpretation.

60-1716.
Uniformity of interpretation.
This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact similar provisions of the uniform declaratory judgments act, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
History:
L. 1993, ch. 202, § 15; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 18 - Survival Of Claims And Abatement Of Actions › 60-1801 Survival of actions; what causes of action survive.

60-1801.
Survival of actions; what causes of action survive.
In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to the person, or to real or personal estate, or for any deceit or fraud, or for death by wrongful act or omission, shall also survive; and the action may be brought notwithstanding the death of the person entitled or liable to the same.
History:
L. 1963, ch. 303, 60-1801; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 18 - Survival Of Claims And Abatement Of Actions › 60-1802 Abatement.

60-1802.
Abatement.
No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander, malicious prosecution, or for a nuisance.
History:
L. 1963, ch. 303, 60-1802; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 18 - Survival Of Claims And Abatement Of Actions › 60-1803 Abatement exceptions; libel or slander at a funeral.

60-1803.
Abatement exceptions; libel or slander at a funeral.
Notwithstanding the provisions of K.S.A. 60-1802, and amendments thereto, if an act of libel or slander is committed at a funeral and the person defamed is the deceased at such funeral or any living relative of the deceased, an action for libel or slander brought by the estate of such deceased person on behalf of such deceased person or by or on behalf of any living relative of such deceased person may be sustained if brought within one year after such funeral.
History:
L. 2007, ch. 111, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 19 - Wrongful Death Actions › 60-1901 Cause of action.

60-1901. Cause of action.
(a) If the death of a person is caused by the wrongful act or omission of another, an action may be maintained for the damages resulting therefrom if the former might have maintained the action had such person lived, in accordance with the provisions of this article, against the wrongdoer, or such wrongdoer's personal representative if such wrongdoer is deceased.
(b) As used in article 19 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, the term "person" includes an unborn child.
(c) As used in this section, the term "unborn child" means a living individual organism of the species homo sapiens, in utero, at any stage of gestation from fertilization to birth.
(d) The provisions of this section shall not apply to a wrongful death action if the death is of an unborn child by means of:
(1) Any act committed by the mother of the unborn child;
(2) any lawful medical procedure performed by a physician or other licensed medical professional at the request of the pregnant woman or her legal guardian;
(3) the lawful dispensation or administration of lawfully prescribed medication; or
(4) a legal abortion.
(e) If any provision or clause of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History:
L. 1963, ch. 303, 60-1901; L. 2013, ch. 48, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 19 - Wrongful Death Actions › 60-1902 Plaintiff.

60-1902.
Plaintiff.
The action may be commenced by any one of the heirs at law of the deceased who has sustained a loss by reason of the death. Any heir who does not join as a party plaintiff in the original action but who claims to have been damaged by reason of the death shall be permitted to intervene therein. The action shall be for the exclusive benefit of all of the heirs who has sustained a loss regardless or whether they all join or intervene therein, but the amounts of their respective recoveries shall be in accordance with the subsequent provisions of this article.
History:
L. 1963, ch. 303, 60-1902; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 19 - Wrongful Death Actions › 60-1903 Amount of damages; jury instructions; itemized verdict.

60-1903.
Amount of damages; jury instructions; itemized verdict.
(a) In any wrongful death action, the court or jury may award such damages as are found to be fair and just under all the facts and circumstances, but the damages, other than pecuniary loss sustained by an heir at law, cannot exceed in the aggregate the sum of $250,000 and costs.
(b) If a wrongful death action is to a jury, the court shall not instruct the jury on the monetary limitation imposed by subsection (a) upon recovery of damages for nonpecuniary loss. If the jury verdict results in an award of damages for nonpecuniary loss which, after deduction of any amounts pursuant to K.S.A. 60-258a and amendments thereto, exceeds the limitation of subsection (a), the court shall enter judgment for damages of $250,000 for nonpecuniary loss.
(c) In any wrongful death action, the verdict shall be itemized by the trier of fact to reflect the amounts, if any, awarded for:
(1) Nonpecuniary damages;
(2) expenses for the care of the deceased caused by the injury; and
(3) pecuniary damages other than those itemized under subsection (c)(2).
(d) Where applicable, the amounts required to be itemized pursuant to subsections (c)(1) and (c)(3) shall be further itemized by the trier of fact to reflect those amounts awarded for injuries and losses sustained to date and those awarded for injuries and losses reasonably expected to be sustained in the future.
(e) In any wrongful death action, the trial court shall instruct the jury only on those items of damage upon which there is some evidence to base an award.
History:
L. 1963, ch. 303, 60-1903; L. 1967, ch. 329, § 1; L. 1970, ch. 241, § 1; L. 1975, ch. 303, § 2; L. 1984, ch. 214, § 1; L. 1987, ch. 224, § 2; L. 1998, ch. 68, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 19 - Wrongful Death Actions › 60-1904 Elements of damage.

60-1904.
Elements of damage.
(a) Damages may be recovered for, but are not limited to:
(1) Mental anguish, suffering or bereavement;
(2) loss of society, companionship, comfort or protection;
(3) loss of marital care, attention, advice or counsel;
(4) loss of filial care or attention;
(5) loss of parental care, training, guidance or education; and
(6) reasonable funeral expenses for the deceased.
(b) If no probate administration for the estate of the deceased has been commenced, expenses for the care of the deceased which resulted from the wrongful act may also be recovered by any one of the heirs who paid or became liable for them. Those expenses and any amount recovered for funeral expenses shall not be included in the limitation of K.S.A. 60-1903 and amendments thereto.
History:
L. 1963, ch. 303, 60-1904; L. 1984, ch. 214, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 19 - Wrongful Death Actions › 60-1905 Apportionment of recovery.

60-1905.
Apportionment of recovery.
The net amount recovered in any such action, after the allowance by the judge of costs and reasonable attorneys fees to the attorneys for the plaintiffs, in accordance with the services performed by each if there be more than one, shall be apportioned by the judge upon a hearing, with reasonable notice to all of the known heirs having an interest therein, such notice to be given in such manner as the judge shall direct. The apportionment shall be in proportion to the loss sustained by each of the heirs, and all heirs known to have sustained a loss shall share in such apportionment regardless of whether they joined or intervened in the action; but in the absence of fraud, no person who failed to join or intervene in the action may claim any error in such apportionment after the order shall have been entered and the funds distributed pursuant thereto.
History:
L. 1963, ch. 303, 60-1905; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 19 - Wrongful Death Actions › 60-1906 Wrongful life or wrongful birth claims; prohibited.

60-1906. Wrongful life or wrongful birth claims; prohibited.
(a) No civil action may be commenced in any court for a claim of wrongful life or wrongful birth, and no damages may be recovered in any civil action for any physical condition of a minor that existed at the time of such minor's birth if the damages sought arise out of a claim that a person's action or omission contributed to such minor's mother not obtaining an abortion.
(b) Nothing in this section shall be deemed to create any new cause of action, nor preclude any otherwise proper cause of action based on a claim that, but for a person's wrongful action or omission, the death or physical injury of the mother would not have occurred, or the handicap, disease or disability of an individual prior to birth would have been prevented, cured or ameliorated in a manner that preserved the health and life of such individual.
(c) If any provision or clause of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
(d) As used in this section:
(1) "Abortion" has the same meaning as such term is defined in K.S.A. 65-6701, and amendments thereto.
(2) "Claim of wrongful birth" means a cause of action brought by a parent, legal guardian or other individual legally required to provide for the support of a minor, which seeks damages, whether economic or noneconomic, as a result of a physical condition of such minor that existed at the time of such minor's birth, and which is based on a claim that a person's action or omission contributed to such minor's mother not obtaining an abortion.
(3) "Claim of wrongful life" means a cause of action brought by, or on behalf of, a minor, which seeks damages, whether economic or noneconomic, for such minor as a result of a physical condition of such minor that existed at the time of such minor's birth, and which is based on a claim that a person's action or omission contributed to such minor's mother not obtaining an abortion.
History:
L. 2013, ch. 48, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 19a - Limitation On Damages For Pain And Suffering › 60-19a01 Personal injury action defined; limitation established; itemization of verdict; no jury instruction on limitation to be given; wrongful death limitation not affected; application limited.

60-19a01.
Personal injury action defined; limitation established; itemization of verdict; no jury instruction on limitation to be given; wrongful death limitation not affected; application limited.
(a) As used in this section, "personal injury action" means any action for damages for personal injury or death, except for medical malpractice liability actions.
(b) In any personal injury action, the total amount recoverable by each party from all defendants for all claims for pain and suffering shall not exceed a sum total of $250,000.
(c) In every personal injury action, the verdict shall be itemized by the trier of fact to reflect the amount awarded for pain and suffering.
(d) If a personal injury action is tried to a jury, the court shall not instruct the jury on the limitations of this section. If the verdict results in an award for pain and suffering which exceeds the limit of this section, the court shall enter judgment for $250,000 for all the party's claims for pain and suffering. Such entry of judgment by the court shall occur after consideration of comparative negligence principles in K.S.A. 60-258a and amendments thereto.
(e) The provisions of this section shall not be construed to repeal or modify the limitation provided by K.S.A. 60-1903 and amendments thereto in wrongful death actions.
(f) The provisions of this section shall apply only to personal injury actions which are based on causes of action accruing on or after July 1, 1987, and before July 1, 1988.
History:
L. 1987, ch. 217, § 1; L. 1988, ch. 216, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 19a - Limitation On Damages For Pain And Suffering › 60-19a02 Personal injury action defined; limitation established; itemization of verdict; no jury instruction on limitation to be given; wrongful death limitation not affected; limited to actions accruing on or after July 1, 1988.

60-19a02. Personal injury action defined; limitation established; itemization of verdict; no jury instruction on limitation to be given; wrongful death limitation not affected; limited to actions accruing on or after July 1, 1988.
(a) As used in this section "personal injury action" means any action seeking damages for personal injury or death.
(b) In any personal injury action, the total amount recoverable by each party from all defendants for all claims for noneconomic loss shall not exceed a sum total of:
(1) $250,000 for causes of action accruing on or after July 1, 1988, and before July 1, 2014;
(2) $300,000 for causes of action accruing on or after July 1, 2014, and before July 1, 2018;
(3) $325,000 for causes of action accruing on or after July 1, 2018, and before July 1, 2022; or
(4) $350,000 for causes of action accruing on or after July 1, 2022.
(c) In every personal injury action, the verdict shall be itemized by the trier of fact to reflect the amount awarded for noneconomic loss.
(d) If a personal injury action is tried to a jury, the court shall not instruct the jury on the limitations of this section. If the verdict results in an award for noneconomic loss which exceeds the limit of this section, the court shall enter judgment for all the party's claims for noneconomic loss in the amount of:
(1) $250,000 for causes of action accruing on or after July 1, 1988, and before July 1, 2014;
(2) $300,000 for causes of action accruing on or after July 1, 2014, and before July 1, 2018;
(3) $325,000 for causes of action accruing on or after July 1, 2018, and before July 1, 2022; or
(4) $350,000 for causes of action accruing on or after July 1, 2022.
Such entry of judgment by the court shall occur after consideration of comparative negligence principles in K.S.A. 60-258a, and amendments thereto.
(e) The provisions of this section shall not be construed to repeal or modify the limitation provided by K.S.A. 60-1903, and amendments thereto, in wrongful death actions.
(f) The provisions of this section shall apply only to personal injury actions which are based on causes of action accruing on or after July 1, 1988.
History:
L. 1988, ch. 216, § 3; L. 2014, ch. 84, § 1; July 1.