reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 25 - Lost Or Destroyed Court Files And Records › 60-2501 Restoration of records and papers lost or destroyed.

60-2501.
Restoration of records and papers lost or destroyed.
If any original bond, pleading, process, affidavit, order, judgment, docket entry, journal entry, notice, return, release, record or other paper filed or recorded in any action or proceeding in any court of record be lost or destroyed, the court may restore the same by allowing a copy thereof to be substituted.
History:
L. 1963, ch. 303, 60-2501; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 25 - Lost Or Destroyed Court Files And Records › 60-2502 Application for restoration.

60-2502.
Application for restoration.
The application for the restoration or substitution of any such paper or record so lost or destroyed may be made by any party to the action wherein it was filed or recorded, or by any person claiming under such party, and shall be verified by his or her affidavit.
History:
L. 1963, ch. 303, 60-2502; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 25 - Lost Or Destroyed Court Files And Records › 60-2503 Notice of hearing of application.

60-2503.
Notice of hearing of application.
Notice of the hearing on the application shall be given in the same manner as provided for summons and service of process by article 3 of this chapter.
History:
L. 1963, ch. 303, 60-2503; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 25 - Lost Or Destroyed Court Files And Records › 60-2504 Reopening proceedings.

60-2504.
Reopening proceedings.
Where the notice is given by publication service, the proceedings may be reopened in accordance with the proceedings provided by K.S.A. 60-309.
History:
L. 1963, ch. 303, 60-2504; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 25 - Lost Or Destroyed Court Files And Records › 60-2505 Records affecting titles ceasing to impart notice.

60-2505.
Records affecting titles ceasing to impart notice.
Judicial files and records affecting the title to real estate which have been lost or destroyed shall not be deemed to impart constructive notice of their contents, so as to bind purchasers in good faith, unless an application for the restoration of the same shall be filed within one (1) year from date of the destruction or loss.
History:
L. 1963, ch. 303, 60-2505; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 25 - Lost Or Destroyed Court Files And Records › 60-2506 Remedies deemed cumulative.

60-2506.
Remedies deemed cumulative.
The provisions of this article are cumulative only and shall not be deemed to supplant any other means of establishing lost or destroyed records.
History:
L. 1963, ch. 303, 60-2506; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 26 - General Provisions › 60-2601 Duties of court clerk.

60-2601. Duties of court clerk.
(a) General powers and duties. In the performance of their duties all clerks of record shall be under the direction of the court.
(b) Dockets. Subject to the provisions of K.S.A. 60-2601a, and amendments thereto, the clerk of the court shall keep the following dockets or other records which may be ordered by the court in the following manner:
(1) Appearance docket. The clerk shall keep one or more appearance dockets and enter each civil action in the docket. Actions within each appearance docket shall be assigned consecutive file numbers. The file number of each action shall be noted on the docket on which the first entry of the action is made. All papers filed with the clerk, all process issued and returns made and, all appearances, orders, verdicts and judgments shall be noted chronologically on the appearance docket. These notations shall be brief but shall show the nature of each paper filed or writ issued and the substance of each order or judgment of the court and of the returns showing execution of process.
(2) General index. The general index shall be kept in a form in which names are arranged in alphabetical order. Plaintiffs, petitioners, defendants and respondents shall be listed as well as the case file number.
(c) Issuance of writs and orders. All writs and orders for provisional remedies shall be issued by the clerks of the several courts, upon praecipes filed with the clerk, demanding the writs and orders.
(d) Filing and preservation of papers. Except as otherwise provided by law, it is the duty of the clerk of each of the courts to file together and carefully preserve in the office of the clerk all papers delivered to the clerk for that purpose, in every action or special proceeding. The date and time of receipt of filings received by the clerk shall be recorded.
History:
L. 1963, ch. 303, 60-2601; L. 1971, ch. 197, § 1; L. 1976, ch. 257, § 1; L. 1976, ch. 251, § 37; L. 1977, ch. 109, § 35; L. 1982, ch. 251, § 1; L. 1984, ch. 147, § 16; L. 1991, ch. 165, § 2; L. 2011, ch. 96, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 26 - General Provisions › 60-2601a Computer information storage and retrieval system.

60-2601a. Computer information storage and retrieval system.
In any county which has a computer information storage and retrieval system for the use of the clerk of the district court of such county, the records and information required to be maintained in the dockets and journals under the provisions of subsection (b) of K.S.A. 60-2601, and amendments thereto, may, upon order of the supreme court, be maintained in such computer information storage and retrieval system. The clerk of the district court of such county shall be charged with the responsibility of making such records and information maintained in such computer information storage and retrieval system accessible to the public during normal working hours.
History:
L. 1976, ch. 257, § 2; amended by Supreme Court order dated July 28, 1976; L. 1999, ch. 57, § 54; L. 2011, ch. 96, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 26 - General Provisions › 60-2602 Duties of sheriff; endorsement of time.

60-2602.
Duties of sheriff; endorsement of time.
The sheriff shall endorse upon every summons, order of arrest, or for the delivery of property, or of attachment, injunction execution or order of sale, the day and hour it was received by him or her. The sheriff shall execute every summons, order or other process and return the same as required by law.
History:
L. 1963, ch. 303, 60-2602; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 26 - General Provisions › 60-2603 Deputies.

60-2603.
Deputies.
Any duty enjoined by this chapter upon a ministerial officer, and any act permitted to be done by such officer, may be performed by his or her lawful deputy as provided by K.S.A. 60-304.
History:
L. 1963, ch. 303, 60-2603; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 26 - General Provisions › 60-2604 Amercement of officers.

60-2604.
Amercement of officers.
If any clerk of the district court, sheriff, or other officer willfully refuses, or fails without clearly excusing cause, to discharge or perform a duty imposed upon such clerk, sheriff or other officer under this chapter, or fails to account promptly for any funds or property coming into such clerk, sheriff or other officer's possession in any proceeding under this chapter the court may, on the motion of any injured party and with not less than 14 days' notice, cause such officer to be amerced for the benefit of the injured party in an amount equal to the loss sustained plus 10% and plus reasonable attorneys' fees. Such liability shall also extend to the official bond of the officer.
History:
L. 1963, ch. 303, 60-2604; L. 2010, ch. 135, § 184; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 26 - General Provisions › 60-2605 Affirmation in lieu of oath.

60-2605.
Affirmation in lieu of oath.
Whenever an oath is required by this code, the affirmation of a person, conscientiously opposed to taking an oath, shall have the same effect.
History:
L. 1963, ch. 303, 60-2605; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 26 - General Provisions › 60-2606 Availability of other relief.

60-2606.
Availability of other relief.
If a case arises in which an action or proceeding for the enforcement or protection of a substantive right, or the redress or prevention of a wrong, cannot be had under any specific provisions of this chapter or other statutes then the court shall proceed as nearly in conformity with the provisions of this chapter as the circumstances permit to do whatever law and equity and justice require for the protection of the parties.
History:
L. 1963, ch. 303, 60-2606; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 26 - General Provisions › 60-2608 Effect on pending actions.

60-2608.
Effect on pending actions.
As to any actions or proceedings commenced prior thereto, the procedures prescribed by this chapter shall apply except that the court in which the same are pending may by order prescribe that an action or proceeding may continue in whole or in part in the manner prescribed by prior law if such prior law would expedite the just and efficient disposition of the particular action or proceeding.
History:
L. 1963, ch. 303, 60-2608; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 26 - General Provisions › 60-2609 Judgments in damage actions for acts or omissions of health care providers; installment or periodic payment of damages; contents and modification of judgment; "health care provider" defined.

60-2609.
Judgments in damage actions for acts or omissions of health care providers; installment or periodic payment of damages; contents and modification of judgment; "health care provider" defined.
(a) Whenever judgment is entered on a claim in any action for recovery of damages for personal injury or death arising out of the rendering of or the failure to render professional services by any health care provider, the court may include in such judgment a requirement that the damages awarded be paid in whole or in part by installment or periodic payments, and any installment or periodic payment upon becoming due and payable under the terms of any such judgment shall constitute a separate judgment upon which execution may issue. Any judgment ordering any such payments shall specify the amount of each payment, the interval between payments and the number of payments to be paid under the judgment. For good cause shown, the court may modify such judgment with respect to the amount of such payments and the number of payments to be made or the interval between payments, but the total amount of damages awarded by such judgment shall not be subject to modification in any event.
(b) As used in this section, "health care provider" means a person licensed to practice any branch of the healing arts, a person who holds a temporary permit to practice any branch of the healing arts or a person engaged in a postgraduate training program approved by the state board of healing arts, a licensed medical care facility, a health maintenance organization, a licensed dentist, a licensed professional nurse, a licensed practical nurse, a licensed optometrist, a licensed podiatrist, a licensed pharmacist, a professional corporation organized pursuant to the professional corporation law of Kansas by persons who are authorized by such law to form such a corporation and who are health care providers as defined by this subsection, a licensed physical therapist or an officer, employee or agent thereof acting in the course and scope of employment or agency.
History:
L. 1976, ch. 250, § 1; L. 1986, ch. 231, § 7; L. 1988, ch. 246, § 14; L. 2003, ch. 128, § 21; April 1, 2004.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 26 - General Provisions › 60-2611 Civil action to collect on check or order; reasonable attorney fees assessed as costs.

60-2611.
Civil action to collect on check or order; reasonable attorney fees assessed as costs.
In any civil action to enforce payment of or to collect upon a check, order or draft on any bank, credit union, savings and loan association or depository for the payment of money or its equivalent, payment upon which such instrument has been refused because of insufficient funds or no account, the party prevailing on such cause of action shall be awarded reasonable attorney fees. Such fees shall be assessed by the court as costs against the losing party. The fees shall not be allowed unless the plaintiff offers proof during the trial of such action that prior to the filing of the petition in the action demand for payment of the check, order or draft had been made upon the defendant by first class mail not less than 14 days prior to the filing of such suit.
History:
L. 1990, ch. 209, § 3; L. 2000, ch. 175, § 6; L. 2004, ch. 176, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 26 - General Provisions › 60-2617 Sealing or redacting court records; closing a court proceeding; motion; notice; hearing; exceptions.

60-2617.
Sealing or redacting court records; closing a court proceeding; motion; notice; hearing; exceptions.
(a) In a civil or criminal case, the court, upon the court's own motion, may hold a hearing or any party may request a hearing to seal or redact the court records or to close a court proceeding. Reasonable notice of a hearing to seal or redact court records or to close a court proceeding shall be given to all parties in the case. In a criminal case, reasonable notice of a hearing to seal or redact court records or to close a court proceeding shall also be given to the victim, if ascertainable.
(b) After the hearing, the court may order the court files and records in the proceeding, or any part thereof, to be sealed or redacted or the court proceeding closed. If the court grants such an order, before closing proceedings or granting leave to file under seal, the court shall make and enter a written finding of good cause.
(c) In granting the order, the court shall recognize that the public has a paramount interest in all that occurs in a case, whether at trial or during discovery and in understanding disputes that are presented to a public forum for resolution.
(d) Good cause to close a proceeding or seal or redact records, whether upon the motion of a party, or on the court's own motion, does not exist unless the court makes a finding on the record that there exists an identified safety, property or privacy interest of a litigant or a public or private harm that predominates the case and such interest or harm outweighs the strong public interest in access to the court record and proceedings.
(e) Agreement of the parties shall be considered by the court but shall not constitute the sole basis for the sealing or redaction of court records or for closing the court proceeding.
(f) The provisions of this section shall not apply to proceedings under the revised Kansas code for care of children, K.S.A. 38-2201 et seq., and amendments thereto, the revised Kansas juvenile justice code, K.S.A. 38-2301 et seq., and amendments thereto, the Kansas adoption and relinquishment act, K.S.A. 59-2111 et seq., and amendments thereto, to supreme court rules which allow motions, briefs, opinions and orders of the court to identify parties by initials or by familial relationship or to supreme court rules which require appellate court deliberations to be kept in strict confidence. Nothing in this section shall be construed to prohibit the issuance of a protective order pursuant to subsection (c) of K.S.A. 60-226, and amendments thereto.
(g) The provisions of this section shall not preclude a court from allowing a settlement which includes a confidentiality clause to be filed under seal where the interests of justice would be served by such settlement being filed under seal.
History:
L. 2008, ch. 90, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 26 - General Provisions › 60-2618 Severability.

60-2618. Severability.
If any provision or clause of this act* or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect the other provisions or applications of the act, and to this end the provisions of this act are declared to be severable.
History:
L. 2014, ch. 84, § 5; July 1.
* The phrase "this act" means L. 2014, ch. 84.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 28 - Settlements, Releases Or Statements › 60-2801 Settlement or release of liability; limitations; disavowal of agreement.

60-2801.
Settlement or release of liability; limitations; disavowal of agreement.
(a) Within 14 days of the date of the occurrence causing injury to any person, who either is under the care of a person licensed to practice the healing arts, or is confined to a hospital or sanitarium as a patient, no person whose interest is or may become adverse to the injured person shall:
(1) Negotiate or attempt to negotiate a settlement with the injured patient; or
(2) obtain or attempt to obtain a general release of liability from the injured patient.
(b) Any settlement agreement entered into, any general release of liability or any written statement made by any person who is under the care of a person licensed to practice the healing arts or is confined in a hospital or sanitarium after he or she incurs a personal injury, which is not obtained in accordance with the provisions of K.S.A. 60-2802, and amendments thereto, may be disavowed by the injured person within 14 days after discharge from the care of any person licensed to practice the healing arts or after release from the hospital or sanitarium, whichever occurs first, and such statement, release or settlement shall not be received in evidence in any court action relating to the injury.
History:
L. 1972, ch. 236, § 1; L. 2010, ch. 135, § 185; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 28 - Settlements, Releases Or Statements › 60-2802 Same; applicability of act.

60-2802.
Same; applicability of act.
The provisions of this act relating to settlements, releases and statements obtained from a patient confined in a hospital or sanitarium or being treated by a person licensed to practice the healing arts, shall not apply, if such patient is released from a hospital or sanitarium or released by a person licensed to practice the healing arts, within 14 days of the date of the occurrence causing injury, or if at least seven days prior to obtaining the settlement, release or statement, the injured party has signified in writing the injured party's willingness that a settlement, release or statement be given.
History:
L. 1972, ch. 236, § 2; L. 2010, ch. 135, § 186; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 28 - Settlements, Releases Or Statements › 60-2803 Satisfaction and release of judgment; filing, when required.

60-2803. Satisfaction and release of judgment; filing, when required.
(a) When a money judgment rendered in a civil action in a court of this state is satisfied, the judgment creditor or the assignee of the judgment creditor shall file satisfaction and release of the judgment within 21 days after receipt of written demand therefor, sent by restricted mail as defined by K.S.A. 60-103, and amendments thereto. Such satisfaction and release shall be filed with the clerk of the court in which the judgment was entered and with the clerk of any other court in which the judgment was filed.
(b) If a judgment creditor or the assignee of a judgment creditor refuses or neglects to enter satisfaction and release of a judgment when required by this section, such judgment creditor or assignee shall be liable to the judgment debtor, or other interested person demanding the satisfaction or release, in damages in the amount of $100, together with a reasonable attorney's fee for preparing and prosecuting the action to recover such damages.
(c) The provisions of this section shall not apply if the judgment is satisfied by payment through the office of the clerk of the district court, the district court trustee or any central unit for collection and disbursement of support payments designated pursuant to K.S.A. 39-7,135, and amendments thereto.
History:
L. 1980, ch. 170, § 1; L. 2001, ch. 195, § 9; L. 2010, ch. 135, § 187; L. 2012, ch. 162, § 81; May 31.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 30 - Recognition Of Judgments › 60-3001 Foreign judgment, defined.

60-3001.
Foreign judgment, defined.
As used in this act:
(a) "Foreign judgment" means any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state, except that no judgment of any court in this state shall be a foreign judgment in any other court of this state; and
(b) "state" means a state of the United States.
History:
L. 1970, ch. 243, § 1; L. 1971, ch. 199, § 1; L. 2000, ch. 107, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 30 - Recognition Of Judgments › 60-3002 Filing and status of foreign judgments.

60-3002.
Filing and status of foreign judgments.
A copy of any foreign judgment authenticated in accordance with the act of congress, the statutes of this state or certified in accordance with the statutes of the state in which the judgment was rendered, may be filed in the office of the clerk of any district court of this state. Such copy must be filed by an attorney licensed to practice law in the state of Kansas. The clerk of the district court shall treat the foreign judgment in the same manner as a judgment of the district court of this state. A judgment filed as provided by this section has the same effect and is subject to the same procedures, defenses and proceedings as a judgment of a district court of this state and may be enforced or satisfied in like manner.
History:
L. 1970, ch. 243, § 2; L. 1999, ch. 131, § 15; L. 2000, ch. 107, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 30 - Recognition Of Judgments › 60-3003 Notice of filing of foreign judgment.

60-3003. Notice of filing of foreign judgment.
(a) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's attorney shall make and file with the clerk of the district court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.
(b) Promptly upon the filing of the foreign judgment and the affidavit, the judgment creditor or the judgment creditor's attorney shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's attorney, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the clerk of the district court and may file proof of mailing with the clerk of the district court.
History:
L. 1970, ch. 243, § 3; L. 2008, ch. 52, § 1; L. 2011, ch. 96, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 30 - Recognition Of Judgments › 60-3004 Same; stay of enforcement, when.

60-3004.
Same; stay of enforcement, when.
(a) If the judgment debtor shows the district court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
(b) If the judgment debtor shows the district court any ground upon which enforcement of a judgment of any district court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state subject to the provisions of subsection (d) of K.S.A. 60-2103, and amendments thereto.
History:
L. 1970, ch. 243, § 4; L. 2005, ch. 203, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 30 - Recognition Of Judgments › 60-3005 Foreign judgment, filing; court fees.

60-3005.
Foreign judgment, filing; court fees.
Any person filing a foreign judgment shall pay to the clerk of the district court a docket fee as prescribed by K.S.A. 60-2001, and amendments thereto. Any additional fees or charges not specifically covered by the docket fee shall be assessed as additional court costs in the same manner and to the same extent as if the action had been originally commenced in the court where the foreign judgment is filed.
History:
L. 1970, ch. 243, § 5; L. 1974, ch. 168, § 8; L. 1982, ch. 116, § 9; L. 1991, ch. 174, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 30 - Recognition Of Judgments › 60-3006 Same; optional procedure.

60-3006.
Same; optional procedure.
The right of a judgment creditor to bring an action to enforce his or her judgment instead of proceeding under this act remains unimpaired.
History:
L. 1970, ch. 243, § 6; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 30 - Recognition Of Judgments › 60-3007 Uniformity of interpretation.

60-3007.
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 it.
History:
L. 1970, ch. 243, § 7; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 30 - Recognition Of Judgments › 60-3020 Tribal courts; full faith and credit; filing; court fees.

60-3020. Tribal courts; full faith and credit; filing; court fees.
(a) Pursuant to rules adopted by the supreme court, the district courts of this state shall extend full faith and credit to the orders, judgments and other judicial acts of the tribal courts of any federally recognized Indian tribe.
(b) In adopting rules under subsection (a), the supreme court shall only extend recognition to the judgments of tribal courts that grant full faith and credit to judgments of the courts of the state of Kansas.
(c) Any person filing a tribal court judgment shall pay to the clerk of the district court a docket fee as prescribed by K.S.A. 60-2001, and amendments thereto. Any additional fees or charges not specifically covered by the docket fee shall be assessed as additional court costs in the same manner and to the same extent as if the action had been originally commenced in the court where the tribal court judgment is filed.
(d) Nothing in this section shall be construed to be a waiver of the sovereign immunity of the state of Kansas or a waiver of the sovereign immunity of a federally recognized Indian tribe.
History:
L. 2019, ch. 58, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31 - Protection From Abuse Act › 60-3101 Citation and construction of act.

60-3101.
Citation and construction of act.
(a) K.S.A. 60-3101 through 60-3111, and amendments thereto, shall be known and may be cited as the protection from abuse act.
(b) This act shall be liberally construed to promote the protection of victims of domestic violence from bodily injury or threats of bodily injury and to facilitate access to judicial protection for the victims, whether represented by counsel or proceeding pro se.
History:
L. 1979, ch. 92, § 1; L. 1987, ch. 228, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31 - Protection From Abuse Act › 60-3102 Definitions.

60-3102. Definitions.
As used in the protection from abuse act:
(a) "Abuse" means the occurrence of one or more of the following acts between intimate partners or household members:
(1) Intentionally attempting to cause bodily injury, or intentionally or recklessly causing bodily injury.
(2) Intentionally placing, by physical threat, another in fear of imminent bodily injury.
(3) Engaging in any sexual contact or attempted sexual contact with another person without consent or when such person is incapable of giving consent.
(4) Engaging in any of the following acts with a minor under 16 years of age who is not the spouse of the offender:
(A) The act of sexual intercourse; or
(B) any lewd fondling or touching of the person of either the minor or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the minor or the offender, or both.
(b) "Intimate partners or household members" means persons who are or have been in a dating relationship, persons who reside together or who have formerly resided together or persons who have had a child in common.
(c) "Dating relationship" means a social relationship of a romantic nature. A dating relationship shall be presumed if a plaintiff verifies, pursuant to K.S.A. 53-601, and amendments thereto, that such relationship exists. In addition to any other factors the court deems relevant, the court shall consider the following factors in making a determination of whether a relationship exists or existed include:
(1) Nature of the relationship;
(2) length of time the relationship existed;
(3) frequency of interaction between the parties; and
(4) time since termination of the relationship, if applicable.
History:
L. 1979, ch. 92, § 2; L. 1980, ch. 177, § 1; L. 1983, ch. 201, § 1; L. 1987, ch. 228, § 2; L. 1994, ch. 335, § 8; L. 1998, ch. 94, § 1; L. 2002, ch. 142, § 1; L. 2017, ch. 66, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31 - Protection From Abuse Act › 60-3103 Jurisdiction.

60-3103. Jurisdiction.
Any district court shall have jurisdiction over all proceedings under the protection from abuse act. The right of a person to obtain relief under the protection from abuse act shall not be affected by the person's leaving the residence or household to avoid further abuse. Any petition under this act seeking orders regarding a custody determination, as defined in K.S.A. 23-37,102, and amendments thereto, shall state that information required by K.S.A.23-37,209, and amendments thereto, and the basis under which child-custody jurisdiction is sought to be invoked.
History:
L. 1979, ch. 92, § 3; L. 1980, ch. 177, § 2; L. 1983, ch. 201, § 2; L. 1996, ch. 208, § 5; L. 2000, ch. 171, § 81; L. 2012, ch. 162, § 82; May 31.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31 - Protection From Abuse Act › 60-3104 Commencement of proceedings; persons seeking relief on behalf of minor child; forms; no docket fee; confidentiality of certain matters, exceptions.

60-3104. Commencement of proceedings; persons seeking relief on behalf of minor child; forms; no docket fee; confidentiality of certain matters, exceptions.
(a) An intimate partner or household member may seek relief under the protection from abuse act by filing a verified petition with any judge of the district court or with the clerk of the court alleging abuse by another intimate partner or household member.
(b) The following persons may seek relief under the protection from abuse act on behalf of a minor child by filing a verified petition with any judge of the district court or with the clerk of the court alleging abuse by another intimate partner or household member: (1) A parent of the minor child; (2) an adult residing with the minor child; or (3) the child's court-appointed legal custodian or court-appointed legal guardian.
(c) The clerk of the court shall supply the forms for the petition and orders, which shall be prescribed by the judicial council.
(d) Service of process served under this section shall be by personal service and not by certified mail return receipt requested. No docket fee shall be required for proceedings under the protection from abuse act.
(e) If the court finds that the plaintiff's address or telephone number, or both, needs to remain confidential for the protection of the plaintiff, plaintiff's minor children or minor children residing with the plaintiff, such information shall not be disclosed to the public, but only to authorized court or law enforcement personnel and to the commission on judicial performance in the discharge of the commission's duties pursuant to article 32 of chapter 20 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1979, ch. 92, § 4; L. 1980, ch. 177, § 3; L. 1983, ch. 201, § 3; L. 1986, ch. 115, § 96; L. 1987, ch. 228, § 3; L. 1990, ch. 202, § 25; L. 1996, ch. 208, § 6; L. 1998, ch. 94, § 2; L. 2002, ch. 142, § 2; L. 2008, ch. 145, § 11; L. 2012, ch. 138, § 3; L. 2018, ch. 110, § 2; July 1.
Although section was included in 2012 House Bill No. 2613 during the 2012 session, there were no amendments to section in such bill.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31 - Protection From Abuse Act › 60-3105 Emergency relief.

60-3105. Emergency relief.
(a) When the court is unavailable, a verified petition, accompanied by a proposed order, may be presented to any judge of the district court. The judge may grant relief in accordance with K.S.A. 60-3107(a)(1), (2), (4) or (5), and amendments thereto, or any combination thereof, if the judge deems it necessary to protect the plaintiff or minor child or children from abuse. An emergency order pursuant to this subsection may be granted ex parte. Immediate and present danger of abuse to the plaintiff or minor child or children shall constitute good cause for the entry of the emergency order.
(b) An emergency order issued under subsection (a) shall expire on 5:00 p.m. on the first day when the court resumes court business. At that time, the plaintiff may seek a temporary order from the court.
(c) The judge shall note on the petition and any order granted, including any documentation in support thereof, the filing date, together with the judge's signature, and shall deliver them to the clerk of the court on the next day of the resumption of business of the court.
History:
L. 1979, ch. 92, § 5; L. 1980, ch. 177, § 4; L. 1986, ch. 115, § 97; L. 1987, ch. 228, § 4; L. 1996, ch. 208, § 7; L. 1998, ch. 94, § 3; L. 2018, ch. 110, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31 - Protection From Abuse Act › 60-3106 Hearings; temporary orders pending hearing, modification.

60-3106. Hearings; temporary orders pending hearing, modification.
(a) Within 21 days of the filing of a petition under this act a hearing shall be held at which the plaintiff must prove the allegation of abuse by a preponderance of the evidence and the defendant shall have an opportunity to cross-examine the petitioner's witnesses and present evidence on the defendant's behalf. Upon the filing of the petition, the court shall set the case for hearing and advise the parties of the right to be represented by counsel.
(b) Prior to the hearing on the petition and upon a finding of good cause shown, the court on motion of a party may enter such temporary relief orders in accordance with subsection (a)(1), (2), (4) or (5) of K.S.A. 60-3107, and amendments thereto, or any combination thereof, as it deems necessary to protect the plaintiff or minor children from abuse. Temporary orders may be granted ex parte. Immediate and present danger of abuse to the plaintiff or minor children shall constitute good cause for purposes of this section. No temporary order shall have the effect of modifying an existing order granting legal custody, residency, visitation or parenting time unless there is sworn testimony at a hearing to support a showing of good cause.
(c) If a hearing under subsection (a) is continued, the court may make or extend such temporary orders under subsection (b) as it deems necessary.
History:
L. 1979, ch. 92, § 6; L. 1980, ch. 177, § 5; L. 1987, ch. 228, § 5; L. 1998, ch. 94, § 4; L. 2000, ch. 171, § 23; L. 2010, ch. 135, § 188; L. 2012, ch. 138, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31 - Protection From Abuse Act › 60-3108 Notice of protection orders.

60-3108.
Notice of protection orders.
A copy of any order under this act shall be issued to the plaintiff, the defendant and the police department of the city where the plaintiff resides. If the plaintiff 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 or registered.
History:
L. 1979, ch. 92, § 8; L. 1980, ch. 177, § 7; L. 2001, ch. 177, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31 - Protection From Abuse Act › 60-3109 Procedure.

60-3109.
Procedure.
Except as otherwise provided in this act, any proceeding under this act shall be in accordance with chapter 60 of the Kansas Statutes Annotated and shall be in addition to any other available civil or criminal remedies.
History:
L. 1979, ch. 92, § 9; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31 - Protection From Abuse Act › 60-3110 Contempt.

60-3110.
Contempt.
If, upon hearing, the court finds a violation of any order or consent agreement, the court may find the defendant in contempt pursuant to K.S.A. 20-1204a.
History:
L. 1979, ch. 92, § 10; L. 1980, ch. 177, § 8; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31 - Protection From Abuse Act › 60-3112 Entering protection orders into the national criminal information center protection order file.

60-3112.
Entering protection orders into the national criminal information center protection order file.
(a) All temporary, amended, final and other protection from abuse orders issued pursuant to article 31 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, or protection orders issued based on the laws of another jurisdiction which are entitled to full faith and credit in Kansas pursuant to the provisions of 18 U.S.C. 2265, and amendments thereto, shall be entered into the national criminal information center protection order file. All emergency protection from abuse orders issued pursuant to article 31 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, and such emergency orders issued based on the laws of another jurisdiction which are entitled to full faith and credit in Kansas pursuant to the provisions of 18 U.S.C. 2265, and amendments thereto, may be entered into the national criminal information center protection order file. A copy of these orders shall be delivered by the clerk of the court to the sheriff of the county where the order is issued or registered. The sheriff's office shall immediately enter the order into the national criminal information center and other appropriate databases after all mandatory identifiers are available. If the order is a foreign protective order, the sheriff's office shall contact the issuing jurisdiction to verify the order and request that such jurisdiction enter the order into the national criminal information center and other appropriate databases. Any modification of an order shall be forwarded immediately by the clerk of the court to the sheriff's office with jurisdiction to enforce the modified order. The sheriff's office shall ensure the accuracy of the entries and the court shall ensure the validity of the orders.
(b) All emergency and temporary orders which have been entered into the national criminal information center file shall be canceled upon the expiration of the time period set out in the court order, or, if no time period is set, no later than one year from the entry date. All other orders which have been entered into the national criminal information center protection order file shall be cleared as an active record from the computer system when:
(1) The order expires according to the terms of such order;
(2) a Kansas court notifies the law enforcement agency which has jurisdiction over the entry of the order that such order has been dismissed; or
(3) a foreign protective order has been invalidated by either a Kansas court or a foreign court with jurisdiction over such order.
(c) This section shall be part of and supplemental to the protection from abuse act.
History:
L. 2001, ch. 177, § 3; L. 2002, ch. 142, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31a - Protection From Stalking Act › 60-31a01 Citation and construction of act.

60-31a01. Citation and construction of act.
(a) K.S.A. 60-31a01 through 60-31a09, and amendments thereto, shall be known and may be cited as the protection from stalking, sexual assault or human trafficking act.
(b) This act shall be liberally construed to protect victims of stalking, sexual assault and human trafficking and to facilitate access to judicial protection for victims of stalking, sexual assault and human trafficking, whether represented by counsel or proceeding pro se.
History:
L. 2002, ch. 141, § 1; L. 2017, ch. 66, § 3; L. 2018, ch. 110, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31a - Protection From Stalking Act › 60-31a02 Definitions.

60-31a02. Definitions.
As used in the protection from stalking, sexual assault or human trafficking act:
(a) "Human trafficking" means any act that would constitute human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto, or an act that, if committed by an adult, would constitute selling sexual relations, as defined by K.S.A. 21-6419, and amendments thereto.
(b) "Human trafficking victim" means a person who has been subjected to an act that would constitute human trafficking or aggravated human trafficking, as defined by K.S.A. 21-5426, and amendments thereto, or commercial sexual exploitation of a child, as defined by K.S.A. 21-6422, and amendments thereto, or has committed an act that, if committed by an adult, would constitute selling sexual relations, as defined by K.S.A. 21-6419, and amendments thereto.
(c) "Sexual assault" means:
(1) A nonconsensual sexual act; or
(2) an attempted sexual act against another by force, threat of force, duress or when the person is incapable of giving consent.
(d) "Stalking" means an intentional harassment of another person that places the other person in reasonable fear for that person's safety.
(1) "Harassment" means a knowing and intentional course of conduct directed at a specific person that seriously alarms, annoys, torments or terrorizes the person, and that serves no legitimate purpose. "Harassment" shall include any course of conduct carried out through the use of an unmanned aerial system over or near any dwelling, occupied vehicle or other place where one may reasonably expect to be safe from uninvited intrusion or surveillance.
(2) "Course of conduct" means conduct consisting of two or more separate acts over a period of time, however short, evidencing a continuity of purpose which would cause a reasonable person to suffer substantial emotional distress. Constitutionally protected activity is not included within the meaning of "course of conduct."
(e) "Unmanned aerial system" means a powered, aerial vehicle that:
(1) Does not carry a human operator;
(2) uses aerodynamic forces to provide vehicle lift;
(3) may fly autonomously or be piloted remotely;
(4) may be expendable or recoverable; and
(5) may carry a lethal or nonlethal payload.
History:
L. 2002, ch. 141, § 2; L. 2016, ch. 58, § 3; L. 2017, ch. 66, § 4; L. 2018, ch. 110, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31a - Protection From Stalking Act › 60-31a03 Jurisdiction.

60-31a03. Jurisdiction.
The district courts shall have jurisdiction over all proceedings under the protection from stalking, sexual assault or human trafficking act.
History:
L. 2002, ch. 141, § 3; L. 2017, ch. 66, § 5; L. 2018, ch. 110, § 6; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31a - Protection From Stalking Act › 60-31a04 Commencement of proceedings; persons seeking relief on behalf of minor; forms; no docket fee; confidentiality exceptions.

60-31a04. Commencement of proceedings; persons seeking relief on behalf of minor; forms; no docket fee; confidentiality exceptions.
(a) A person may seek relief under the protection from stalking, sexual assault or human trafficking act by filing a verified petition with any judge of the district court or clerk of the court. A verified petition must allege facts sufficient to show the following:
(1) The name of the stalking victim, sexual assault victim or human trafficking victim;
(2) the name of the defendant;
(3) the dates on which the alleged stalking, sexual assault or human trafficking behavior occurred; and
(4) the acts committed by the defendant that are alleged to constitute stalking, sexual assault or human trafficking.
(b) The following persons may seek relief under the protection from stalking, sexual assault or human trafficking act on behalf of a minor child by filing a verified petition with the judge of the district court or with the clerk of the court in the county where the stalking, sexual assault or human trafficking occurred: (1) A parent of the minor child; (2) an adult residing with the minor child; or (3) the child's court-appointed legal custodian or court-appointed legal guardian.
(c) The following persons may seek relief for a minor child who is alleged to be a human trafficking victim under the protection from stalking, sexual assault or human trafficking act on behalf of the minor child by filing a verified petition with any district judge or with the clerk of the court alleging acts committed by an individual that are alleged to constitute human trafficking: (1) A parent of the minor child; (2) an adult residing with the minor child; (3) the child's court-appointed legal custodian or court-appointed legal guardian; (4) a county or district attorney; or (5) the attorney general.
(d) The clerk of the court shall supply the forms for the petition and orders, which shall be prescribed by the judicial council.
(e) Service of process served under this section shall be by personal service. No docket fee shall be required for proceedings under the protection from stalking, sexual assault or human trafficking act.
(f) The victim's address and telephone number shall not be disclosed to the defendant or to the public, but only to authorized court or law enforcement personnel and to the commission on judicial performance in the discharge of the commission's duties pursuant to article 32 of chapter 20 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2002, ch. 141, § 4; L. 2008, ch. 145, § 12; L. 2012, ch. 138, § 6; L. 2017, ch. 66, § 6; L. 2018, ch. 110, § 7; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 31a - Protection From Stalking Act › 60-31a05 Hearing; temporary orders pending hearing.

60-31a05. Hearing; temporary orders pending hearing.
(a) Within 21 days of the filing of a petition under the protection from stalking, sexual assault or human trafficking act a hearing shall be held at which the plaintiff must prove the allegation of stalking, sexual assault or human trafficking by a preponderance of the evidence and the defendant shall have an opportunity to present evidence on the defendant's behalf. Upon the filing of the petition, the court shall set the case for hearing. At the hearing, the court shall advise the parties of the right to be represented by counsel.
(b) Prior to the hearing on the petition and upon a finding of good cause shown, the court on motion of a party may enter such temporary relief orders in accordance with K.S.A. 60-31a06, and amendments thereto, or any combination thereof, as it deems necessary to protect the victim from being stalked, sexually assaulted or trafficked. Temporary orders may be granted ex parte on presentation of a verified petition by the victim supporting a prima facie case of stalking, sexual assault or human trafficking.
(c) If a hearing under subsection (a) is continued, the court may make or extend such temporary orders under subsection (b) as it deems necessary.
History:
L. 2002, ch. 141, § 5; L. 2010, ch. 135, § 189; L. 2017, ch. 66, § 7; L. 2018, ch. 110, § 8; July 1.