reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31a - Protection From Stalking Act › 60-31a07 Notice of protection orders.

60-31a07. Notice of protection orders.
A copy of any order under the protection from stalking, sexual assault or human trafficking act shall be issued to the victim, the defendant and the police department of the city where the victim resides. If the victim does not reside in a city or resides in a city with no police department, a copy of the order shall be issued to the sheriff of the county where the order is issued.
History:
L. 2002, ch. 141, § 7; L. 2017, ch. 66, § 9; L. 2018, ch. 110, § 10; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31a - Protection From Stalking Act › 60-31a08 Procedure.

60-31a08. Procedure.
Except as otherwise provided in the protection from stalking, sexual assault or human trafficking act, any proceedings under this act shall be in accordance with chapter 60 of the Kansas Statutes Annotated, and amendments thereto, and shall be in addition to any other available civil or criminal remedies.
History:
L. 2002, ch. 141, § 8; L. 2017, ch. 66, § 10; L. 2018, ch. 110, § 11; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31a - Protection From Stalking Act › 60-31a09 Contempt.

60-31a09. Contempt.
If, upon hearing, the court finds a violation of any order under the protection from stalking, sexual assault or human trafficking act, the court may find the defendant in contempt pursuant to K.S.A. 20-1204a, and amendments thereto.
History:
L. 2002, ch. 141, § 9; L. 2017, ch. 66, § 11; L. 2018, ch. 110, § 12; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31b - Uniform Interstate Enforcement Of Domestic Violence Protection Orders Act › 60-31b02 Definitions.

60-31b02.
Definitions.
In this act, these terms mean the following:
(a) "Foreign protection order" means a protection order issued by a tribunal of another state.
(b) "Issuing state" means the state whose tribunal issues a protection order.
(c) "Mutual foreign protection order" means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.
(d) "Protected individual" means an individual protected by a protection order.
(e) "Protection order" means an injunction or other temporary or final order issued, by a tribunal under the domestic violence, family violence or anti-stalking laws of the issuing state, broadly construed, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual.
(f) "Respondent" means the individual against whom enforcement of a protection order is sought.
(g) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band that has jurisdiction to issue protection orders.
(h) "Tribunal" means a court, agency or other entity authorized by law to issue or modify a protection order.
History:
L. 2005, ch. 146, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31b - Uniform Interstate Enforcement Of Domestic Violence Protection Orders Act › 60-31b03 Judicial enforcement of order.

60-31b03.
Judicial enforcement of order.
(a) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid protection order in a court of this state. The court shall enforce the terms of the protection order, including terms that provide relief that a court of this state would lack power to provide but for this section. The court shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the court shall follow the procedures of this state for the enforcement of protection orders.
(b) A court of this state may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of that order.
(c) A court of this state shall enforce the provisions of a valid foreign protection order which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.
(d) A foreign protection order is valid if it:
(1) Identifies the protected individual and the respondent;
(2) is currently in effect;
(3) was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and
(4) was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an ex parte order, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued in a manner consistent with the rights of the respondent to due process.
(e) A foreign protection order valid on its face is prima facie evidence of its validity.
(f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
(g) A court of this state may enforce provisions of a mutual foreign protection order which favor a respondent only if:
(1) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and
(2) the tribunal of the issuing state made specific findings in favor of the respondent.
History:
L. 2005, ch. 146, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31b - Uniform Interstate Enforcement Of Domestic Violence Protection Orders Act › 60-31b04 Nonjudicial enforcement of order.

60-31b04.
Nonjudicial enforcement of order.
(a) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a court of this state. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
(b) If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
(c) If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
(d) Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to this act.
History:
L. 2005, ch. 146, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31b - Uniform Interstate Enforcement Of Domestic Violence Protection Orders Act › 60-31b05 Registration of order.

60-31b05.
Registration of order.
(a) Any individual may, but is not required, to register a foreign protection order in this state. To register a foreign protection order, an individual shall present a certified copy of the order to the sheriff in the county where the protection order will be enforced. Pursuant to K.S.A. 60-3112, and amendments thereto, the sheriff shall contact the issuing jurisdiction to verify the order and request that such jurisdiction enter the order, if it has not already been entered, into the national criminal information center and other appropriate databases.
(b) A fee shall not be charged for the registration of a foreign protection order.
(c) No sheriff's department accepting or registering a foreign protection order under this section may notify or require notification of the party against whom the protection order was filed of its filing or registration unless the individual protected by the protection order requests that the sheriff's department do so and the respondent has not already been notified of such filing or registration.
History:
L. 2005, ch. 146, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31b - Uniform Interstate Enforcement Of Domestic Violence Protection Orders Act › 60-31b06 Immunity.

60-31b06.
Immunity.
This state, a local governmental agency, a law enforcement officer, a prosecuting attorney, or any state or local governmental official acting in an official capacity is immune from civil and criminal liability for conduct arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the conduct was done in good faith in an effort to comply with this act.
History:
L. 2005, ch. 146, § 6; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31b - Uniform Interstate Enforcement Of Domestic Violence Protection Orders Act › 60-31b07 Other remedies.

60-31b07.
Other remedies.
A protected individual who pursues remedies under this act is not precluded from pursuing other legal or equitable remedies against the respondent.
History:
L. 2005, ch. 146, § 7; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31b - Uniform Interstate Enforcement Of Domestic Violence Protection Orders Act › 60-31b08 Uniformity of application and construction.

60-31b08.
Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
L. 2005, ch. 146, § 8; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31b - Uniform Interstate Enforcement Of Domestic Violence Protection Orders Act › 60-31b09 Severability clause.

60-31b09.
Severability clause.
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application. To this end, the provisions of this act are severable.
History:
L. 2005, ch. 146, § 9; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31b - Uniform Interstate Enforcement Of Domestic Violence Protection Orders Act › 60-31b10 Application of orders.

60-31b10.
Application of orders.
This act applies to all protection orders issued and to continuing actions for enforcement of foreign protection orders commenced before and after July 1, 2005.
History:
L. 2005, ch. 146, § 10; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 32 - Uniform Certification Of Questions Of Law Act › 60-3201 Power to answer.

60-3201.
Power to answer.
The Kansas supreme court may answer questions of law certified to it by the supreme court of the United States, a court of appeals of the United States, a United States district court or the highest appellate court or the intermediate appellate court of any other state, when requested by the certifying court if there are involved in any proceeding before it questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of the supreme court and the court of appeals of this state.
History:
L. 1979, ch. 181, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 32 - Uniform Certification Of Questions Of Law Act › 60-3202 Method of invoking.

60-3202.
Method of invoking.
This act may be invoked by an order of any of the courts referred to in K.S.A. 60-3201 upon the court's own motion or upon the motion of any party to the cause.
History:
L. 1979, ch. 181, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 32 - Uniform Certification Of Questions Of Law Act › 60-3203 Contents of certification order.

60-3203.
Contents of certification order.
A certification order shall set forth the questions of law to be answered and a statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose.
History:
L. 1979, ch. 181, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 32 - Uniform Certification Of Questions Of Law Act › 60-3204 Preparation of certification order.

60-3204.
Preparation of certification order.
The certification order shall be prepared by the certifying court, signed by the judge or justice presiding at the hearing, and forwarded to the Kansas supreme court by the clerk of the certifying court under its official seal. The Kansas supreme court may require the original or copies of all or of any portion of the record before the certifying court to be filed with the certification order, if, in the opinion of such court, the record or portion thereof may be necessary in answering the questions. The proceedings in the Kansas supreme court shall have precedence over all other hearings therein, except those of like character.
History:
L. 1979, ch. 181, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 32 - Uniform Certification Of Questions Of Law Act › 60-3205 Costs of certification.

60-3205.
Costs of certification.
Fees and costs shall be the same as in civil appeals docketed before the Kansas supreme court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.
History:
L. 1979, ch. 181, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 32 - Uniform Certification Of Questions Of Law Act › 60-3206 Briefs and argument.

60-3206.
Briefs and argument.
Proceedings in the Kansas supreme court shall be those provided in the court's rules and statutes governing briefs and arguments.
History:
L. 1979, ch. 181, § 6; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 32 - Uniform Certification Of Questions Of Law Act › 60-3207 Opinion.

60-3207.
Opinion.
The written opinion of the Kansas supreme court stating the law governing the questions certified shall be sent by the clerk under the seal of the court to the certifying court and to the parties.
History:
L. 1979, ch. 181, § 7; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 32 - Uniform Certification Of Questions Of Law Act › 60-3208 Power to certify.

60-3208.
Power to certify.
The supreme court or the court of appeals of this state, on its own motion or the motion of any party, may order certification of questions of law to the highest court of any state when it appears to the certifying court that there are involved in any proceeding before the court questions of law of the receiving state which may be determinative of the cause then pending in the certifying court and it appears to the certifying court that there are no controlling precedents in the decisions of the highest court or intermediate appellate courts of the receiving state.
History:
L. 1979, ch. 181, § 8; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 32 - Uniform Certification Of Questions Of Law Act › 60-3209 Procedure on certifying.

60-3209.
Procedure on certifying.
The procedures for certification from this state to the receiving state shall be those provided in the laws of the receiving state.
History:
L. 1979, ch. 181, § 9; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 32 - Uniform Certification Of Questions Of Law Act › 60-3210 Severability.

60-3210.
Severability.
If any provision of this act or the application thereof to any person, court, or circumstance is held invalid, the invalidity does 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 severable.
History:
L. 1979, ch. 181, § 10; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 32 - Uniform Certification Of Questions Of Law Act › 60-3211 Construction.

60-3211.
Construction.
This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
History:
L. 1979, ch. 181, § 11; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3302 Definitions.

60-3302.
Definitions.
(a) "Product seller" means any person or entity that is engaged in the business of selling products, whether the sale is for resale, or for use or consumption. The term includes a manufacturer, wholesaler, distributor or retailer of the relevant product, but does not include a health care provider, as defined in subsection (f) of K.S.A. 40-3401 and amendments thereto, who utilizes a product in the course of rendering professional services.
(b) "Manufacturer" includes a product seller who designs, produces, makes, fabricates, constructs or remanufactures the relevant product or component part of a product before its sale to a user or consumer. It includes a product seller or entity not otherwise a manufacturer that holds itself out as a manufacturer, or that is owned in whole or in part by the manufacturer.
(c) "Product liability claim" includes any claim or action brought for harm caused by the manufacture, production, making, construction, fabrication, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, storage or labeling of the relevant product. It includes, but is not limited to, any action based on, strict liability in tort, negligence, breach of express or implied warranty, breach of, or failure to, discharge a duty to warn or instruct, whether negligent or innocent, misrepresentation, concealment or nondisclosure, whether negligent or innocent, or under any other substantive legal theory.
(d) "Harm" includes: (1) Damage to property; (2) personal physical injuries, illness and death; (3) mental anguish or emotional harm attendant to such personal physical injuries, illness or death. The term "harm" does not include direct or consequential economic loss.
History:
L. 1981, ch. 231, § 2; L. 1992, ch. 307, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3304 Legislative regulatory standards or administrative regulatory safety standards or mandatory government contract specifications; defenses.

60-3304.
Legislative regulatory standards or administrative regulatory safety standards or mandatory government contract specifications; defenses.
(a) When the injury-causing aspect of the product was, at the time of manufacture, in compliance with legislative regulatory standards or administrative regulatory safety standards relating to design or performance, the product shall be deemed not defective by reason of design or performance, or, if the standard addressed warnings or instructions, the product shall be deemed not defective by reason of warnings or instructions, unless the claimant proves by a preponderance of the evidence that a reasonably prudent product seller could and would have taken additional precautions.
(b) When the injury-causing aspect of the product was not, at the time of manufacture, in compliance with legislative regulatory standards or administrative regulatory safety standards relating to design, performance, warnings or instructions, the product shall be deemed defective unless the product seller proves by a preponderance of the evidence that its failure to comply was a reasonably prudent course of conduct under the circumstances.
(c) When the injury-causing aspect of the product was, at the time of manufacture, in compliance with a mandatory government contract specification relating to design, this shall be an absolute defense and the product shall be deemed not defective for that reason, or, if the specification related to warnings or instructions, then the product shall be deemed not defective for that reason.
(d) When the injury-causing aspect of the product was not, at the time of manufacture, in compliance with a mandatory government contract specification relating to design, the product shall be deemed defective for that reason, or if the specification related to warnings or instructions, the product shall be deemed defective for that reason.
History:
L. 1981, ch. 231, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3305 Manufacturer's or seller's duty to warn or protect against danger, when.

60-3305.
Manufacturer's or seller's duty to warn or protect against danger, when.
In any product liability claim any duty on the part of the manufacturer or seller of the product to warn or protect against a danger or hazard which could or did arise in the use or misuse of such product, and any duty to have properly instructed in the use of such product shall not extend: (a) To warnings, protecting against or instructing with regard to those safeguards, precautions and actions which a reasonable user or consumer of the product, with the training, experience, education and any special knowledge the user or consumer did, should or was required to possess, could and should have taken for such user or consumer or others, under all the facts and circumstances;
(b) to situations where the safeguards, precautions and actions would or should have been taken by a reasonable user or consumer of the product similarly situated exercising reasonable care, caution and procedure; or
(c) to warnings, protecting against or instructing with regard to dangers, hazards or risks which are patent, open or obvious and which should have been realized by a reasonable user or consumer of the product.
History:
L. 1981, ch. 231, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3306 Seller not subject to liability, when.

60-3306. Seller not subject to liability, when.
(a) A product seller shall not be subject to liability in a product liability claim arising from an alleged defect in a product, if the product seller establishes that: (1) Such seller had no knowledge of the defect;
(2) such seller in the performance of any duties the seller performed, or was required to perform, could not have discovered the defect while exercising reasonable care;
(3) such seller was not a manufacturer of the defective product or product component;
(4) the manufacturer of the defective product or product component is subject to service of process either under the laws of the state of Kansas or the domicile of the person making the product liability claim; and
(5) any judgment against the manufacturer obtained by the person making the product liability claim would be reasonably certain of being satisfied.
(b) A product seller that is a retail seller of used products shall not be subject to liability in a product liability claim arising from an alleged defect in a used product sold by the retail seller, if the retail seller establishes that:
(1) Such seller is exempt from federal income taxation pursuant to section 501(c)(3) of the internal revenue code of 1986;
(2) the product liability claim is for strict liability in tort; or
(3) (A) Such seller resold the product after the product was used by a consumer or other product user;
(B) the product was sold in substantially the same condition as it was when it was acquired for resale;
(C) the manufacturer of the defective product or product component is subject to service of process either under the laws of the state of Kansas or the domicile of the person making the product liability claim; and
(D) any judgment against the manufacturer obtained by the person making the product liability claim would be reasonably certain of being satisfied.
History:
L. 1981, ch. 231, § 6; L. 2012, ch. 129, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3307 Inadmissible evidence.

60-3307.
Inadmissible evidence.
(a) In a product liability claim, the following evidence shall not be admissible for any purpose:
(1) Evidence of any advancements or changes in technical or other knowledge or techniques, in design theory or philosophy, in manufacturing or testing knowledge, techniques or processes in labeling, warning of risks or hazards, instructions for the use of such product, if such advancements or changes have been made, learned or placed into common use subsequent to the time the product in issue was designed, formulated, tested, manufactured or sold by the manufacturer; and
(2) evidence of any changes made in the designing, planning, formulating, testing, preparing, manufacturing, packaging, warnings, labeling or instructing for use of, or with regard to, the product in issue, or any similar product, which changes were made subsequent to the time the product in issue was designed, formulated, tested, manufactured or sold by the manufacturer.
(b) This section does not require the exclusion of evidence of a subsequent measure if offered to impeach a witness for the manufacturer or seller of a product who has expressly denied the feasibility of such a measure.
History:
L. 1986, ch. 214, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3320 Definitions.

60-3320.
Definitions.
As used in this act, unless the context requires otherwise:
(1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
(2) "Misappropriation" means:
(i) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(ii) disclosure or use of a trade secret of another without express or implied consent by a person who
(A) used improper means to acquire knowledge of the trade secret; or
(B) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was
(I) derived from or through a person who had utilized improper means to acquire it;
(II) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(III) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(C) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and
(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
History:
L. 1981, ch. 214, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3321 Misappropriation of trade secret; injunctive or other protective relief.

60-3321.
Misappropriation of trade secret; injunctive or other protective relief.
(a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(b) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
History:
L. 1981, ch. 214, § 2; L. 1988, ch. 221, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3322 Same; damages.

60-3322.
Same; damages.
(a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.
(b) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a).
History:
L. 1981, ch. 214, § 3; L. 1988, ch. 221, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3323 Award of attorney fees, when.

60-3323.
Award of attorney fees, when.
If (i) a claim of misappropriation is made in bad faith, (ii) a motion to terminate an injunction is made or resisted in bad faith, or (iii) willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.
History:
L. 1981, ch. 214, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3324 Preservation of trade secret during action.

60-3324.
Preservation of trade secret during action.
In an action under this act, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
History:
L. 1981, ch. 214, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3325 Time limit for bringing action.

60-3325.
Time limit for bringing action.
An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
History:
L. 1981, ch. 214, § 6; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3326 Application of act.

60-3326.
Application of act.
(a) Except as provided in subsection (b), this act displaces conflicting tort, restitutionary and other law of this state providing civil remedies for misappropriation of a trade secret.
(b) This act does not affect:
(1) Contractual remedies, whether or not based upon misappropriation of a trade secret;
(2) other civil remedies that are not based upon misappropriation of a trade secret; or
(3) criminal remedies, whether or not based upon misappropriation of a trade secret.
History:
L. 1981, ch. 214, § 7; L. 1988, ch. 221, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3327 Uniformity of act.

60-3327.
Uniformity of act.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
History:
L. 1981, ch. 214, § 8; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3329 Severability of provisions of act.

60-3329.
Severability of provisions of act.
If any provision of this act or its application to any person or circumstances is held invalid, the invalidity does 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 severable.
History:
L. 1981, ch. 214, § 10; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3330 Act not retroactive.

60-3330.
Act not retroactive.
This act does not apply to misappropriation occurring prior to the effective date. With respect to a continuing misappropriation that began prior to the effective date, the act also does not apply to the continuing misappropriation that occurs after the effective date.
History:
L. 1981, ch. 214, § 11; L. 1988, ch. 221, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3333 Environmental audit report; privilege; admissibility of report's contents; exceptions; burden to establish applicability of privilege.

60-3333.
Environmental audit report; privilege; admissibility of report's contents; exceptions; burden to establish applicability of privilege.
(a) Material that is included in an environmental audit report generated during an environmental audit conducted after July 1, 1995, is privileged and confidential and is not discoverable or admissible as evidence in any civil or administrative proceeding, except as specifically provided by this act. Failure to label each document within the environmental audit report as a privileged document does not constitute a waiver of the environmental audit privilege or create a presumption that the privilege does not apply.
(b) If an environmental audit report, or any part thereof, is subject to the privilege recognized in this section, neither any person who conducted the audit nor anyone to whom the audit results are disclosed, unless such disclosure constitutes a waiver of the privilege under K.S.A. 60-3334, can be compelled to testify regarding any matter which was the subject of the audit and which is addressed in a privileged part of the audit report.
(c) A person who conducts or participates in the preparation of an environmental audit report and who has observed physical events of an environmental violation may testify about those events but shall not be compelled to testify or produce documents related to the preparation of or any privileged part of an environmental audit or any component listed in subsection (b) of K.S.A. 60-3332, and amendments thereto.
(d) An employee of a regulatory agency or other governmental employee shall not request, review or otherwise use an environmental audit report during an agency inspection of a regulated facility or operation or activity at a regulated facility or operation.
(e) A party asserting the privilege under this section has the burden of establishing the applicability of the privilege. If there is evidence of noncompliance with environmental laws, such party must prove that appropriate efforts to achieve compliance were initiated promptly upon discovery and pursued with reasonable diligence.
History:
L. 1995, ch. 204, § 2; L. 2006, ch. 30, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3336 Same; information not subject to privilege; agreement to conduct environmental audit; disclosure of environmental audit report.

60-3336.
Same; information not subject to privilege; agreement to conduct environmental audit; disclosure of environmental audit report.
(a) The privilege recognized in K.S.A. 60-3333 shall not extend to:
(1) Documents, communications, data, reports or other information required to be collected, developed, maintained or reported to a regulatory agency pursuant to federal, state or local statute, ordinance, resolution, rule and regulation, permit, approval or order;
(2) information obtained by observation, sampling or monitoring by any regulatory agency or its authorized designee;
(3) information obtained from a source not involved in the preparation of the environmental audit report;
(4) information that existed before the initiation and independent of the environmental audit;
(5) information prepared after the completion and independent of the environmental audit; or
(6) any information, not otherwise privileged, that is developed or maintained in the course of regularly conducted business activity or regular practice.
(b) This section does not limit the right of a person to agree to conduct an environmental audit and disclose an environmental audit report.
History:
L. 1995, ch. 204, § 5; L. 2006, ch. 30, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3337 Statutory and common-law privileges not affected.

60-3337.
Statutory and common-law privileges not affected.
Nothing in this act shall limit, waive or abrogate the scope or nature of any statutory or common-law privilege, including but not limited to the work-product doctrine and the attorney-client privilege.
History:
L. 1995, ch. 204, § 6; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3339 Compliance with act shall be considered by tribunal in determining penalties.

60-3339.
Compliance with act shall be considered by tribunal in determining penalties.
If a facility owner or operator has implemented an environmental management system, consistent with the primary characteristics prescribed by subsection (d)(2) of K.S.A. 60-3334, and amendments thereto, a court or administrative tribunal which finds a violation of such laws, or extension of such laws, shall give consideration to that fact in determining whether to impose administrative or civil penalties and in determining the severity of any penalties imposed.
History:
L. 1995, ch. 204, § 8; L. 2006, ch. 30, § 7; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3352 Same; in camera review; effect on admissibility of documents.

60-3352.
Same; in camera review; effect on admissibility of documents.
(a) The privilege set forth in K.S.A. 60-3351, and amendments thereto, shall not apply if, after an in camera review consistent with the code of civil procedure, a court or administrative tribunal of record determines:
(1) The insurance compliance self-evaluative audit document shows evidence of noncompliance with applicable laws and regulations and appropriate efforts to achieve compliance with such laws and regulations were not promptly initiated and pursued with reasonable diligence upon discovery of noncompliance; or
(2) to the extent that it is expressly waived by the insurance company that prepared or caused to be prepared the insurance compliance self-evaluative audit document; or
(3) the privilege is asserted for a fraudulent purpose; or
(4) the material is not subject to the privilege.
(b) In a criminal proceeding, after an in camera review, a court may require disclosure of material for which the privilege described in K.S.A. 60-3351, and amendments thereto, is asserted, if the court determines one of the following:
(1) The privilege is asserted for a fraudulent purpose;
(2) the material is not subject to the privilege; or
(3) the material contains evidence relevant to commission of a criminal offense under chapter 40 of Kansas Statutes Annotated, and amendments thereto, and all three of the following factors are present:
(A) The commissioner, attorney general, or a county or district attorney, has a compelling need for the information;
(B) the information is not otherwise available; and
(C) the commissioner, attorney general, or a county or district attorney is unable to obtain the substantial equivalent of the information by any other means without incurring unreasonable cost and delay.
History:
L. 2005, ch. 148, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3354 Same; assertion of privilege; burden of proof.

60-3354.
Same; assertion of privilege; burden of proof.
(a) Any insurance company asserting the insurance compliance self-evaluative privilege set forth in K.S.A. 60-3351, and amendments thereto, has the burden of demonstrating the applicability of the privilege. Once any insurance company has established the applicability of the privilege, the party seeking disclosure under paragraph (1) of subsection (b) of K.S.A. 60-3352, and amendments thereto, has the burden of proving that the privilege is asserted for a fraudulent purpose. The commissioner, attorney general, or a county or district attorney seeking disclosure under subsection (c) of K.S.A. 60-3352, and amendments thereto, has the burden of proving the elements set forth in subsection (c) of K.S.A. 60-3352 and amendments thereto.
(b) The parties may at any time stipulate in proceedings under K.S.A. 60-3352 or 60-3353, and amendments thereto, to entry of an order directing that specific information contained in an insurance compliance self-evaluative audit document is or is not subject to the privilege provided under K.S.A. 60-3351 and amendments thereto. Any such stipulation may be limited to the instant proceeding and, absent specific language to the contrary, shall not be applicable to any other proceeding.
History:
L. 2005, ch. 148, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3355 Same; affect on certain information and documents.

60-3355.
Same; affect on certain information and documents.
The privilege set forth in K.S.A. 60-3351, and amendments thereto, shall not affect any other privilege and shall not extend to any of the following:
(a) Documents, communications, data, reports or other information collected, developed, maintained or reported to a regulatory agency pursuant to chapter 40 of Kansas Statutes Annotated, and amendments thereto, or other provisions of federal or state law;
(b) information obtained by observation or monitoring by any regulatory agency; or
(c) information obtained from a source independent of the insurance compliance audit.
History:
L. 2005, ch. 148, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3356 Same; definitions.

60-3356.
Same; definitions.
As used in this act, the following words and phrases shall have the meaning ascribed to them in this section: (a) "Commissioner" means the commissioner of insurance or the commissioner's authorized designee.
(b) "Insurance company" or "insurer" shall have the meaning ascribed to the term insurer in K.S.A. 40-112 and amendments thereto.
(c) "Insurance compliance audit" means a voluntary, internal evaluation, review, assessment, audit or investigation for the purpose of identifying or preventing noncompliance with, or promoting compliance with laws, regulations, orders, or industry or professional standards, which is conducted by or on behalf of any insurance company licensed or regulated under the Kansas insurance code, or which involves an activity regulated under the Kansas insurance code. Once initiated an audit shall be completed within a reasonable period of time. Nothing in this section shall be construed to authorize uninterrupted or continuous auditing.
(d) "Insurance compliance self-evaluative audit document" means any document prepared as a result of or in connection with an insurance compliance audit. An insurance compliance self-evaluative audit document may include:
(1) A written response to the findings of an insurance compliance audit.
(2) Any supporting information is collected or developed for the primary purpose and in the course of an insurance compliance audit including, but is not limited to, field notes and records of observations, findings, opinions, suggestions, conclusions, drafts, memoranda, drawings, photographs, exhibits, computer-generated or electronically recorded information, phone records, maps, charts, graphs and surveys.
(3) Any of the following:
(A) An insurance compliance audit report prepared by an auditor, who may be an employee of the insurance company or an independent contractor, which may include the scope of the audit, the information gained in the audit, and conclusions and recommendations, with exhibits and appendices;
(B) memoranda and documents analyzing portions or all of the insurance compliance audit report and discussing potential implementation issues;
(C) an implementation plan that addresses correcting past noncompliance, improving current compliance, and preventing future noncompliance; or
(D) analytic data generated in the course of conducting the insurance compliance audit.
(e) Presiding officer shall have the meaning ascribed to it in K.S.A. 77-514 and amendments thereto.
History:
L. 2005, ch. 148, § 6; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3357 Same; applicability.

60-3357.
Same; applicability.
The insurance compliance self-evaluative privilege created by this act shall apply to all litigation or administrative proceedings pending on the effective date of this act.
History:
L. 2005, ch. 148, § 7; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 33 - Actions Relating To Commercial Activity › 60-3358 Same; affect on other privileges.

60-3358.
Same; affect on other privileges.
No provision of this act nor the release of any self-evaluative audit document hereunder shall limit, waive, or abrogate the scope or nature of any statutory or common law privilege including, but not limited to, the work product doctrine, the attorney-client privilege, or the subsequent remedial measures exclusion.
History:
L. 2005, ch. 148, § 8; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 34 - Professional Liability Actions › 60-3404 Expiration of act.

60-3404.
Expiration of act.
(a) The provisions of K.S.A. 1985 Supp. 60-3401 through 60-3403 shall expire on July 1, 1989.
(b) This act shall be part of and supplemental to the code of civil procedure.
History:
L. 1985, ch. 197, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 34 - Professional Liability Actions › 60-3405 Findings and purpose.

60-3405.
Findings and purpose.
Substantial increases in costs of professional liability insurance for health care providers have created a crisis of availability and affordability. This situation poses a serious threat to the continued availability and quality of health care in Kansas. In the interest of the public health and welfare, new measures are required to assure that affordable professional liability insurance will be available to Kansas health care providers, to assure that injured parties receive adequate compensation for their injuries, and to maintain the quality of health care in Kansas.
History:
L. 1986, ch. 229, § 1; July 1.