reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 20 - Costs › 60-2002 Taxation of costs.

60-2002.
Taxation of costs.
(a) As of course. Unless otherwise provided by statute, or by order of the judge, the costs shall be allowed to the party in whose favor judgment is rendered. The court shall have the discretion to order that the alternative dispute resolution fees be, in whole or in part, paid by or from any combination of any party or parties, from any fund authorized to pay such fees, or from the proceeds of any settlement or judgment.
(b) Offer of judgment. At any time more than 21 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against such party for the money or property or to the effect specified in such party's offer, with costs then accrued. If within 14 days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the clerk shall enter judgment. An offer not accepted shall be deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer. The fact that an offer is made but not accepted does not preclude a subsequent offer. When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time prior to the commencement of proceedings to determine the amount or extent of liability.
(c) Duty of clerk. The clerk of the court shall tax the costs and, upon request, shall furnish a cost statement to counsel of record for the party ordered by the court to pay costs. The taxation of the costs by the clerk shall be subject to review by the judge on timely motion by any interested party.
History: L. 1963, ch. 303, 60-2002; amended by Supreme Court order dated July 17, 1969; L. 1974, ch. 168, § 4; L. 1991, ch. 173, § 2; L. 2010, ch. 135, § 178; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 20 - Costs › 60-2003 Items allowable as costs.

60-2003. Items allowable as costs.
Items which may be included in the taxation of costs are:
(1) The docket fee as provided for by K.S.A. 60-2001, and amendments thereto.
(2) The mileage, fees, and other allowable expenses of the sheriff, other officer or private process server incurred in the service of process or in effecting any of the provisional remedies authorized by this chapter.
(3) Publisher's charges in effecting any publication of notices authorized by law.
(4) Statutory fees and mileage of witnesses attending court or the taking of depositions used as evidence.
(5) Reporter's or stenographic charges for the taking of depositions used as evidence.
(6) The postage fees incurred pursuant to K.S.A. 60-303, and amendments thereto.
(7) Alternative dispute resolution fees shall include fees, expenses and other costs arising from mediation, conciliation, arbitration, settlement conferences or other alternative dispute resolution means, whether or not such means were successful in resolving the matter or matters in dispute, which the court shall have ordered or to which the parties have agreed.
(8) Convenience fees and other administrative fees levied for the privilege of paying assessments, fees, costs, fines or forfeitures by credit card or other means, including, but not limited to, fees for electronic filing of documents or pleadings with the court.
(9) Such other charges as are by statute authorized to be taxed as costs.
History:
L. 1963, ch. 303, 60-2003; L. 1974, ch. 168, § 5; L. 1990, ch. 202, § 13; L. 1991, ch. 173, § 3; L. 1998, ch. 100, § 2; L. 2004, ch. 118, § 7; L. 2011, ch. 48, § 17; L. 2015, ch. 53, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 20 - Costs › 60-2004 Payment of costs not acquiescence in judgments so as to prevent appeals.

60-2004.
Payment of costs not acquiescence in judgments so as to prevent appeals.
Payment of the costs of any action in any court in this state including, but not limited to, the payment of court reporter fees, shall not be considered an acquiescence in the judgment or any order of the court so as to prevent an appeal by the person or persons paying such costs. This act shall not apply to any pending question arising out of such payment heretofore made, but otherwise this act shall apply to all actions heretofore or hereafter filed.
History:
L. 1967, ch. 193, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 20 - Costs › 60-2005 Municipalities exempt from depositing court costs; exceptions.

60-2005.
Municipalities exempt from depositing court costs; exceptions.
The state of Kansas and all municipalities in this state, as defined in K.S.A. 12-105a, and amendments thereto, are hereby exempt, in any civil action in which such state or municipality is involved, from depositing court costs or paying docket fees prescribed by any other law of this state, except that if the costs are assessed against the state of Kansas or any municipality in this state in any such action, such costs shall include the amount of the docket fee prescribed by K.S.A. 60-2001, and amendments thereto, together with any additional courts costs accrued in the action.
History:
L. 1969, ch. 289, § 1; L. 1974, ch. 168, § 6; L. 2006, ch. 195, § 18; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 20 - Costs › 60-2006 Attorney fees taxed as costs in certain actions involving negligent motor vehicle operation.

60-2006.
Attorney fees taxed as costs in certain actions involving negligent motor vehicle operation.
(a) In actions brought for the recovery of property damages only of less than $15,000 sustained and caused by the negligent operation of a motor vehicle, the prevailing party shall be allowed reasonable attorney fees which shall be taxed as part of the costs of the action unless:
(1) The prevailing party recovers no damages; or
(2) a tender equal to or in excess of the amount recovered was made by the adverse party before the commencement of the action in which judgment is rendered.
(b) For the plaintiff to be awarded attorney fees for the prosecution of such action, a written demand for the settlement of such claim containing all of the claimed elements of property damage and the total monetary amount demanded in the action shall have been made on the adverse party at such party's last known address not less than 30 days before the commencement of the action. For the defendant to be awarded attorney fees, a written offer of settlement of such claim shall have been made to the plaintiff at such plaintiff's last known address not more than 30 days after the defendant filed the answer in the action.
(c) This section shall apply to actions brought pursuant to the code of civil procedure and actions brought pursuant to the code of civil procedure for limited actions.
History:
L. 1969, ch. 288, § 1; L. 1976, ch. 251, § 28; L. 1977, ch. 205, § 1; L. 1982, ch. 249, § 1; L. 1990, ch. 206, § 1; L. 1995, ch. 240, § 1; L. 2010, ch. 115, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 20 - Costs › 60-2008 Dispositive motion fee; authorized only by legislative enactment; exemptions.

60-2008. Dispositive motion fee; authorized only by legislative enactment; exemptions.
(a) On and after the effective date of this act, any party filing a dispositive motion shall pay a fee in the amount of $195 to the clerk of the district court. A poverty affidavit may be filed in lieu of payment of such fee, as established in K.S.A. 60-2001, and amendments thereto. The fee shall be disbursed in accordance with K.S.A. 20-362, and amendments thereto. The fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect such fee. Such fee shall be an item allowable as a cost pursuant to K.S.A. 60-2003, and amendments thereto.
(b) As used in this section, "dispositive motion" means a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment or partial summary judgment or a motion for judgment as a matter of law. "Dispositive motion" also shall include any motion determined by a judge to be seeking any disposition described in this subsection, regardless of the title assigned to such motion at the time of filing.
(c) The state of Kansas and all municipalities in this state, as defined in K.S.A. 12-105a, and amendments thereto, shall be exempt from paying such fee.
(d) The provisions of this section shall not apply to an action pursuant to the code of civil procedure for limited actions.
(e) This section shall be part of and supplemental to the code of civil procedure.
History:
L. 2015, ch. 81, § 4; June 5.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 21 - Appeals › 60-2103a Appeals from district magistrate judges not regularly admitted to practice law.

60-2103a. Appeals from district magistrate judges not regularly admitted to practice law.
(a) In actions commenced in the district courts of this state all appeals from orders or final decisions of a district magistrate judge who is not regularly admitted to practice law in Kansas shall be heard by a district judge. Except as otherwise provided by law, such appeals shall be taken by notice of appeal specifying the order or decision complained of and shall be filed with the clerk of the district court within 14 days after the entry of such order or decision. The notice of appeal shall specify the party or parties taking the appeal; shall designate the order or decision appealed from; and shall state that such appeal is being taken from an order or decision of a district magistrate judge. The appealing party shall cause notice of the appeal to be served upon all of the parties to the action in accordance with the provisions of K.S.A. 60-205, and amendments thereto. Upon filing the notice of appeal, the appeal shall be deemed perfected.
(b) Except as otherwise provided by law or rule of the supreme court, the provisions of subsections (b) through (i) of K.S.A. 60-2103, and amendments thereto, shall be applicable to appeals from orders and decisions of district magistrate judges who are not regularly admitted to practice law in Kansas.
History:
L. 1976, ch. 251, § 31; L. 1977, ch. 112, § 25; L. 1986, ch. 115, § 94; L. 2010, ch. 135, § 181; L. 2014, ch. 71, § 8; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 21 - Appeals › 60-2104 Contents and preparation of record.

60-2104.
Contents and preparation of record.
The record on appeal shall contain such matters and shall be prepared in such manner and form, as shall be prescribed by rules of the supreme court.
History:
L. 1963, ch. 303, 60-2104; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 21 - Appeals › 60-2105 Technical and inadvertent errors.

60-2105.
Technical and inadvertent errors.
The appellate court shall disregard all mere technical errors and irregularities which do not affirmatively appear to have prejudicially affected the substantial rights of the party complaining, where it appears upon the whole record that substantial justice has been done by the judgment or order of the trial court; and in any case pending before it, the court shall render such final judgment as it deems that justice requires, or direct such judgment to be rendered by the court from which the appeal was taken, without regard to technical errors and irregularities in the proceedings of the trial court.
History:
L. 1963, ch. 303, 60-2105; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 21 - Appeals › 60-2106 Appellate court decisions; school finance issues, limitations.

60-2106.
Appellate court decisions; school finance issues, limitations.
(a) Opinions. It shall be the duty of the judges of an appellate court to prepare and file with the papers in each case, the opinion of the court upon the questions of law arising in the case, within 60 days after the decision of the same; and the opinion so filed shall be treated as a part of the record in the case, but no costs shall be charged therefor, except for copies thereof ordered by a party, and no mandate shall be sent to the court below, until the opinion provided for by this section has been filed.
A memorandum opinion may be prepared in any case where no new question of law is decided or which is otherwise considered as having no value as a precedent. Such a memorandum opinion need not contain a syllabus or statement of facts. In all other cases a formal opinion shall be prepared.
(b) Syllabus. Each formal opinion shall contain a syllabus of the points of law decided, which shall be confined to those questions necessarily arising from the facts in the case.
(c) Judgment and mandate. The supreme court may by rule provide for post decision motions for rehearing or other relief. When under such rule a decision of an appellate court becomes final, such court shall promptly cause to be transmitted to the clerk of the district court its mandate containing such directions as are appropriate under the decision. A copy of the opinion of the court shall accompany and be a part of the mandate. The clerk of the district court shall make a notation thereof on the appearance docket. Such mandate and opinion, without further order of the judge, shall thereupon be a part of the judgment of the court if it is determinative of the action, or shall be controlling in the conduct of any further proceedings necessary in the district court.
(d) As a part of a remedy, preliminary decision or final decision in which a statute or legislative enactment of this state has been held unconstitutional as a violation of article 6 of the Kansas constitution, the appellate court or any master or other person or persons appointed by the appellate court to hear or determine a cause or controversy or to make or enforce any order or remedy ordered by a court pursuant to K.S.A. 60-253, and amendments thereto, or any other provision of law, shall not have the authority to order a school district or any attendance center within a school district to be closed or enjoin the use of all statutes related to the distribution of funds for public education.
History:
L. 1963, ch. 303, 60-2106; amended by Supreme Court order dated January 5, 1972; L. 1975, ch. 178, § 30; L. 2005, ch. 2, § 23 (Special Session); July 28.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 21 - Appeals › 60-2107 Costs.

60-2107.
Costs.
The costs of appeal shall be taxed against such party or parties as the appellate court shall direct.
History:
L. 1963, ch. 303, 60-2107; L. 1975, ch. 178, § 31, January 10, 1977.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 22 - Lis Pendens And Judgment Liens On Real Property › 60-2201 Pendency of action as notice; lis pendens.

60-2201.
Pendency of action as notice; lis pendens.
(a) When a petition has been filed in the district court pursuant to chapter 60 of the Kansas Statutes Annotated, the action is pending so as to charge third persons with notice of its pendency, and while pending no interest can be acquired by third persons in the subject matter thereof as against the plaintiff's claim; but such notice shall be of no avail unless the summons be served or the first publication made within ninety (90) days after the filing of the petition.
(b) When the subject of the action is real property situated in two (2) or more counties, the filing of the petition in the district court of one county shall not be held to impart notice to persons acquiring an interest in the real property situated in another county, except from the time the plaintiff in such action shall pay a filing fee of five dollars ($5) and file for record with the register of deeds of such other county, a verified statement setting forth the nature of the action, the court in which it is pending and a description of the real property sought to be affected thereby. Once final judgment is entered in the action, the plaintiff in such action shall file a copy of such judgment with the register of deeds.
History:
L. 1963, ch. 303, 60-2201; L. 1976, ch. 251, § 32; L. 1977, ch. 109, § 31; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 22 - Lis Pendens And Judgment Liens On Real Property › 60-2204 Release of certain liens on real property resulting from judgments or decrees of divorce; written consent required on support rights assigned to the secretary for children and families; filing; effect.

60-2204. Release of certain liens on real property resulting from judgments or decrees of divorce; written consent required on support rights assigned to the secretary for children and families; filing; effect.
Whenever a judgment or decree of divorce has been made or subsequently becomes a lien on real property in favor of the minor child or children of the person holding legal title to such real property, the parent, legal guardian or other person having legal custody of such minor child or children may release such lien on said real property on behalf of such minor child or children. If the support rights accruing under such judgment or decree of divorce have been assigned to the secretary for children and families pursuant to the provisions of K.S.A. 39-709, and amendments thereto, such lien may not be released without the written consent of the secretary or the secretary's designee. Such release shall be filed in the office of the clerk of the district court in which the journal entry of such judgment was filed pursuant to K.S.A. 60-2202, and amendments thereto, and shall be filed in the office of register of deeds of any county in which said real property is situated. Any such release made pursuant to this section shall be binding upon such minor child or children.
History:
L. 1975, ch. 301, § 1; L. 1976, ch. 210, § 10; L. 2014, ch. 115, § 232; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 23 - Exemptions › 60-2301 Homestead; extent of exemption.

60-2301. Homestead; extent of exemption.
Except as provided in K.S.A. 12-524a, and amendments thereto, a homestead to the extent of 160 acres of farming land, or of one acre within the limits of an incorporated town or city, or a manufactured home or mobile home, occupied as a residence by the owner or by the family of the owner, or by both the owner and family thereof, together with all the improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of such premises, or for the erection of improvements thereon. The provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife, when that relation exists.
History:
L. 1963, ch. 303, 60-2301; L. 1979, ch. 178, § 2; L. 1980, ch. 176, § 2; L. 1991, ch. 33, § 35; L. 2011, ch. 101, § 11; June 2.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 23 - Exemptions › 60-2302 Designation of homestead.

60-2302.
Designation of homestead.
Whenever any levy shall be made upon the lands or tenements of a householder whose homestead has not been selected and set apart, such householder, the householder or householder's spouse, when the marriage relationship exists, or an agent or attorney of the householder may notify the officer in writing at the time of making such levy, or at any time before the sale, of what the householder regards as the homestead, with a description thereof, and the remainder alone shall be subject to sale under such levy.
History:
L. 1963, ch. 303, 60-2302; L. 1975, ch. 52, § 21; L. 1980, ch. 176, § 3; April 26.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 23 - Exemptions › 60-2303 Contract for conveyance of homestead.

60-2303.
Contract for conveyance of homestead.
No action for the specific performance of a contract for the sale or exchange of real estate in the state of Kansas or for damages by reason of the violation of any contract to sell or exchange lands within the state of Kansas, occupied as a homestead by the owner and his or her family, shall be maintained unless the contract of sale is signed by both the husband and wife, or by an agent or broker duly authorized in writing by both the husband and wife to make such sale or exchange.
History:
L. 1963, ch. 303, 60-2303; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 23 - Exemptions › 60-2304 Personal property; articles exempt.

60-2304.
Personal property; articles exempt.
Every person residing in this state shall have exempt from seizure and sale upon any attachment, execution or other process issued from any court in this state, the following articles of personal property:
(a) The furnishings, equipment and supplies, including food, fuel and clothing, for the person which is in the person's present possession and is reasonably necessary at the principal residence of the person for a period of one year.
(b) Ornaments of the debtor's person, including jewelry, having a value of not to exceed $1,000.
(c) Such person's interest, not to exceed $20,000 in value, in one means of conveyance regularly used for the transportation of the person or for transportation to and from the person's regular place of work, except that the value limitation specified in this subsection shall not apply when the means of conveyance is a vehicle designed or equipped, or both, for handicapped persons, as defined in K.S.A. 8-1,124 and amendments thereto.
(d) A burial plot or crypt or any cemetery lot exempt from process pursuant to K.S.A. 17-1302 and amendments thereto.
(e) The books, documents, furniture, instruments, tools, implements and equipment, the breeding stock, seed grain or growing plants stock, or the other tangible means of production regularly and reasonably necessary in carrying on the person's profession, trade, business or occupation in an aggregate value not to exceed $7,500.
(f) Any personal property exempt from process pursuant to K.S.A. 36-202, 48-245 or 84-2-326, and amendments thereto.
History:
L. 1963, ch. 303, 60-2304; L. 1965, ch. 357, § 1; L. 1970, ch. 242, § 1; L. 1980, ch. 176, § 4; L. 1987, ch. 225, § 3; L. 1988, ch. 217, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 23 - Exemptions › 60-2306 Not exempt from taxes.

60-2306.
Not exempt from taxes.
Nothing in this article shall be construed as exempting any personal property from taxation or sale for taxes under the laws of this state.
History:
L. 1963, ch. 303, 60-2306; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 23 - Exemptions › 60-2307 Not exempt for wages.

60-2307.
Not exempt for wages.
None of the personal property mentioned in this article shall be exempt from attachment or execution for the wages of any clerk, mechanic, laborer or servant.
History:
L. 1963, ch. 303, 60-2307; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 23 - Exemptions › 60-2309 Wages earned in another state.

60-2309.
Wages earned in another state.
Wages earned out of this state and payable out of this state shall be exempt from attachment or garnishment in all cases where the cause of action arose out of this state, unless the defendant in the attachment or garnishment suit is personally served with process, and if the writ of attachment or garnishment is not personally served on the defendant, the court issuing the writ of attachment or garnishment shall not entertain jurisdiction of the cause, but shall dismiss the suit at the cost of the plaintiff.
History:
L. 1963, ch. 303, 60-2309; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 23 - Exemptions › 60-2311 Discharge of employee due to wage garnishment prohibited.

60-2311.
Discharge of employee due to wage garnishment prohibited.
No employer may discharge any employee by reason of the fact that the employee's earnings have been subjected to wage garnishment.
History:
L. 1970, ch. 238, § 2; L. 1973, ch. 237, § 1; L. 1979, ch. 183, § 6; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 23 - Exemptions › 60-2312 No right to elect exemptions under federal law, exception.

60-2312.
No right to elect exemptions under federal law, exception.
(a) Except as provided in subsection (b), no person, as an individual debtor under the federal bankruptcy reform act of 1978 (11 U.S.C. § 101 et seq.), may elect exemptions pursuant to subsection (b)(1) of section 522 of such federal act.
(b) An individual debtor under the federal bankruptcy reform act of 1978 may exempt, in addition to any other exemptions allowed under state law, any property listed in subsection (d)(10) of section 522 of such federal act. The provisions of this subsection shall apply to any bankruptcy action which: (1) Is filed on or after July 1, 1986; or (2) was filed on or after April 26, 1980, and is pending or on appeal on July 1, 1986.
History:
L. 1980, ch. 176, § 1; L. 1986, ch. 220, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 23 - Exemptions › 60-2313 Exemptions from legal process.

60-2313.
Exemptions from legal process.
(a) Except to the extent otherwise provided by law, every person residing in this state shall have exempt from seizure and sale upon any attachment, execution or other process issued from any court in this state:
(1) Any pension, annuity, retirement, disability, death or other benefit exempt from process pursuant to K.S.A. 12-111a, 12-5005, 13-1246a, 13-14,102, 13-14a10, 14-10a10, 20-2618, 72-1768, 72-5526, 74-4923, 74-4978g, 74-49,105 or 74-49,106, and amendments thereto.
(2) Any public assistance benefits exempt pursuant to K.S.A. 39-717 and amendments thereto.
(3) Any workers' compensation exempt from process pursuant to K.S.A. 44-514 and amendments thereto.
(4) Any unemployment benefits exempt from process pursuant to K.S.A. 44-718 and amendments thereto.
(5) Any crime victims compensation award exempt from process pursuant to K.S.A. 74-7313 and amendments thereto.
(6) Any liquor license, club license or cereal malt beverage wholesaler's or distributor's license exempt from process pursuant to K.S.A. 41-326, 41-2629 or 41-2714, and amendments thereto.
(7) Any interest in any policy of insurance or beneficiary certificates upon a person's life exempt from process pursuant to K.S.A. 40-414 and amendments thereto.
(8) Any fraternal benefit society benefit, charity, relief or aid exempt from process pursuant to K.S.A. 40-711 and amendments thereto.
(9) Any trust funds held in a cemetery merchandise trust and exempt from process pursuant to K.S.A. 16-328 and amendments thereto.
(10) Any funds held in an account or trust established pursuant to a prearranged funeral agreement, plan or contract and exempt from process pursuant to K.S.A. 16-310 and amendments thereto.
(b) This section shall be part of and supplemental to article 23 of chapter 60 of the Kansas Statutes Annotated.
History:
L. 1987, ch. 225, § 1; L. 1989, ch. 239, § 8; L. 1998, ch. 93, § 75; January 1, 1999.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 23 - Exemptions › 60-2314 Same; municipal, county and state property.

60-2314.
Same; municipal, county and state property.
(a) Except to the extent otherwise provided by law, the state and political subdivisions of the state shall have exempt from seizure and sale upon any attachment, execution or other process issued from any court in this state:
(1) Any municipal property exempt from process pursuant to K.S.A. 12-151 or 17-4753, and amendments thereto.
(2) Any county property exempt from process pursuant to K.S.A. 19-108 and amendments thereto.
(3) Any state property exempt from process pursuant to K.S.A. 60-723 and amendments thereto.
(b) This section shall be part of and supplemental to article 23 of chapter 60 of the Kansas Statutes Annotated.
History:
L. 1987, ch. 225, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 23 - Exemptions › 60-2315 Bankruptcy proceedings; earned income tax credits.

60-2315. Bankruptcy proceedings; earned income tax credits.
An individual debtor under the federal bankruptcy reform act of 1978 (11 U.S.C. § 101 et seq.), may exempt the debtor's right to receive tax credits allowed pursuant to section 32 of the federal internal revenue code of 1986, as amended, and K.S.A. 79-32,205, and amendments thereto. An exemption pursuant to this section shall not exceed the maximum credit allowed to the debtor under section 32 of the federal internal revenue code of 1986, as amended, for one tax year. Nothing in this section shall be construed to limit the right of offset, attachment or other process with respect to the earned income tax credit for the payment of child support or spousal maintenance.
History:
L. 2011, ch. 25, § 1; April 14.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2401 Writ of execution.

60-2401. Writ of execution.
(a) Definitions. A general execution is a direction to an officer to seize any nonexempt property of a judgment debtor and cause it to be sold in satisfaction of the judgment. A special execution or order of sale is a direction to an officer to effect some action with regard to specified property as the court determines necessary in adjudicating the rights of parties to an action. Notwithstanding the provisions of K.S.A. 60-706, and amendments thereto, executions served under this section shall be by personal service and not by certified mail return receipt requested. If personal service cannot be obtained, other forms of service of process are hereby authorized.
(b) By whom issued. At the request of any interested person, executions and orders of sale shall be issued by the clerk and signed by a judge. Such executions and orders shall be directed to the appropriate officers of the counties where such executions and orders are to be levied.
To the extent authorized by K.S.A. 39-7,152, and amendments thereto, the secretary for children and families may issue an order of execution, which shall be directed to the appropriate officer of the county where the execution is to be levied. The secretary shall deliver the execution to the appropriate officer, and a copy of the execution shall be filed with the clerk of the district court where the support order was entered or registered. The execution shall thereafter be treated in all respects as though it had been issued at the request of the secretary by the clerk of court where the support order was entered or registered.
(c) When returnable. The officer to whom any execution or order of sale is directed shall return it to the court from which it is issued within 60 days from the date thereof. If the execution was issued by the secretary for children and families, the return shall be made to the court where the underlying support order was entered or registered.
(d) Manner of levy. Except as provided in subsection (a), a general execution shall be levied upon any real or personal nonexempt property of the judgment debtor in the manner provided for the service and execution of orders of attachment under K.S.A. 60-706 through 60-710, and amendments thereto. Oil and gas leaseholds, for the purposes of this article, shall be treated as real property. Special executions or orders of sale shall be levied and executed as the court determines.
History:
L. 1963, ch. 303, 60-2401; L. 1983, ch. 200, § 1; L. 1992, ch. 290, § 2; L. 1997, ch. 182, § 74; L. 2004, ch. 7, § 1; L. 2014, ch. 115, § 235; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2402 Multiple executions.

60-2402.
Multiple executions.
Subject to any rights, liens, or preferences existing by law independently of the levy of an execution, when two (2) or more general executions are levied against property of the same judgment debtor, their priorities and all questions pertaining thereto shall be determined in the same manner as is provided for conflicting claims and multiple attachment orders in K.S.A. 60-713.
History:
L. 1963, ch. 303, 60-2402; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2404 Revivor of dormant judgment.

60-2404.
Revivor of dormant judgment.
A dormant judgment may be revived and have the same force and effect as if it had not become dormant if the holder thereof files a motion for revivor and files a request for the immediate issuance of an execution thereon if such motion is granted. Notice of the filing of the motion shall be given as for a summons under article 3 of this chapter. If the motion for revivor was filed within two years after the date on which the judgment became dormant or, in the case of a child support judgment, was filed during the period prior to the child's emancipation, within two years after the child's emancipation or within two years after the judgment became dormant, whichever is later, on the hearing thereof the court shall enter an order of revivor unless good cause to the contrary be shown, and thereupon the execution shall issue forthwith. On the hearing of a motion to revive a child support judgment, the court may enter an order to prevent the unjust enrichment of any party or to ensure that payments will be disbursed to the real party in interest. A judgment may also be revived by the filing of a written stipulation of revivor signed by all of the parties affected thereby. For the purpose of this section, a support enforcement proceeding, as defined by K.S.A. 60-2403 and amendments thereto, or any attachment or garnishment process shall have the same effect as the issuance of an execution.
History:
L. 1963, ch. 303, 60-2404; L. 1988, ch. 218, § 3; L. 1990, ch. 208, § 1; L. 1992, ch. 103, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2405 Substitution of judgment creditor.

60-2405.
Substitution of judgment creditor.
Any person who claims to have succeeded to the interest of the holder of a judgment by appointment as personal representative for a deceased or incompetent judgment holder, by assignment, by operation of law, or otherwise, shall file with the clerk a copy of his or her letters as personal representative, assignment, or proceedings effecting such transfer, and thereafter such successor in interest shall be entitled to all the rights and remedies available to his or her predecessor and may proceed to enforce the same in his or her own name as such successor. If the validity of any such transfer be controverted by any party affected thereby, the court shall, on reasonable notice to all interested parties whose whereabouts are known, determine the respective rights and liabilites of all the parties.
History:
L. 1963, ch. 303, 60-2405; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2406 Sale subject to liens.

60-2406.
Sale subject to liens.
The interest of a judgment debtor in property, either real or personal, may be levied upon and sold on execution subject to liens or encumbrances already existing. If the holder of a lien or other security interest in tangible personal property asserts a right of possession thereto and does not consent to an execution sale subject to his or her interest, the sale shall not be completed unless for an amount in excess of such senior interest as determined by the court, and in such event the property shall be delivered by the officer to the lienholder entitled to the same. If the sale is completed, the net proceeds thereof shall be applied to the satisfaction of the senior interest in full and the balance applied to the judgment debt.
History:
L. 1963, ch. 303, 60-2406; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2407 Levy on property claimed by third person.

60-2407.
Levy on property claimed by third person.
If the officer, by virtue of an execution issued from any court of record in this state, shall levy the same on any goods and chattels claimed by any person other than the defendant, or be requested by the plaintiff to levy on any such goods and chattels, the officer may, before proceeding, require the plaintiff to give him or her an undertaking with good and sufficient sureties to pay all costs and damages that he or she may sustain by reason of the detention or sale of such property.
History:
L. 1963, ch. 303, 60-2407; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2408 Forthcoming bond.

60-2408.
Forthcoming bond.
In all cases where an officer shall by virtue of an execution levy upon any goods or chattels, they may be left in the possession of the defendant or some other person pending sale if the officer take an undertaking from such person with security in such sum as the officer deem sufficient. The undertaking shall be to the effect that such person will deliver the property to the officer at the time and place fixed for sale. The officer shall give such person written notice of the time and place fixed for the sale by delivery in person or by restricted mail.
History:
L. 1963, ch. 303, 60-2408; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2409 Notice of sale of personal property; resale.

60-2409.
Notice of sale of personal property; resale.
The officer who levies upon personal property, before such officer proceeds to sell the same, shall cause public notice to be given of the time and place of sale, for at least 14 days before the day of sale. The notice shall be given by publication at least once each week for two consecutive weeks in some newspaper meeting the qualifications prescribed by K.S.A. 64-101, and amendments thereto, or, in the discretion of the court, by putting up advertisements in five public places in the county, one of which shall be on a bulletin board established for public notices in the county courthouse. Within seven days of the date of first publication or posting of notice, plaintiff shall send by restricted mail a copy of such notice to the defendant and to those persons known by the plaintiff to have a security interest in the property. Such notice shall be sent to the last known address of the person to whom sent and shall be in compliance with K.S.A. 2023 Supp. 84-1-202(d) and (e), and amendments thereto. If the personal property levied upon cannot be sold at the execution sale for want of bidders, the judgment creditor may direct the officer to return the execution showing that fact or, at such creditor's option, such creditor may report the same to the judge and obtain an order permitting a second sale under the same execution and an extension of the return day of the execution if that be necessary.
History:
L. 1963, ch. 303, 60-2409; L. 1972, ch. 224, § 1; L. 1976, ch. 255, § 1; L. 2007, ch. 89, § 31; L. 2010, ch. 135, § 182; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2411 Printer's fees advanced.

60-2411.
Printer's fees advanced.
The officer who levies upon personal property, or lands and tenements, or who is charged with the duty of selling the same, by virtue of any writ of execution, may refuse to publish a notice of the sale thereof by advertisement in a newspaper until the party for whose benefit such execution issued, his or her agent or attorney, shall advance to such officer, on demand, so much money as will be sufficient to discharge the fees of the printer for publishing such notice.
History:
L. 1963, ch. 303, 60-2411; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2412 Restriction on purchasers.

60-2412.
Restriction on purchasers.
No officer making the sale of property, either real or personal, nor any appraiser of such property, shall either directly or indirectly purchase the same, and any such sale, if made, shall be fraudulent and void.
History:
L. 1963, ch. 303, 60-2412; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2413 Contribution between joint obligors.

60-2413.
Contribution between joint obligors.
(a) Generally. Persons jointly liable to another in contract are entitled to contribution among themselves as heretofore recognized by principles of equity. Such right of contribution may be asserted in separate actions or by way of cross-claim, interpleader, or intervention under the provisions of article 2.
(b) Judgment debtors. A right of contribution or indemnity among judgment debtors, arising out of the payment of the judgment by one or more of them, may be enforced by execution against the property of the judgment debtor from whom contribution or indemnity is sought.
History:
L. 1963, ch. 303, 60-2413; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2415 Sheriff's return of sale.

60-2415.
Sheriff's return of sale.
(a) Certificate of purchase. The sheriff shall at once make a return of all sales made under this article to the court. All taxes due or delinquent shall be noted on the sheriff's return. If the court finds the proceedings regular and in conformity with law and equity, it shall confirm the same, direct the clerk to make such entry upon the journal and order the sheriff to make to the purchaser the certificate of sale or deed provided for in this article.
(b) Equity powers of court. The court may decline to confirm the sale where the bid is substantially inadequate, or in ordering a sale or a resale, may, in its discretion, if conditions or circumstances warrant and after a proper hearing, fix a minimum or upset price at which the property must be bid in if the sale is to be confirmed; or the court may, upon application for the confirmation of the sale, if it has not theretofore fixed an upset price, conduct a hearing to establish the value of the property, and as a condition to confirmation require the fair value of the property be credited upon the judgment, interest, taxes and costs. A sale for the full amount of the judgment, taxes, interest and costs shall be deemed adequate.
History:
L. 1963, ch. 303, 60-2415; L. 1988, ch. 219, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2416 Sheriff's deed as evidence of legality; sufficiency of order.

60-2416.
Sheriff's deed as evidence of legality; sufficiency of order.
Every deed for any lands or tenements heretofore or hereafter made and executed by any sheriff or other officer, purporting to have been made under or in pursuance of any execution, process or judgment of any court of record in this state, shall be sufficient evidence of the legality of the sale and the proceedings therein until the contrary be proved, and shall vest in the purchaser as good and perfect an estate in the premises therein mentioned as was vested in the person or persons against whom the execution, writ or order was issued at or after the time when such lands and tenements became liable to the satisfaction of the judgment or lien for which the same was sold. Any order of confirmation of any such sale shall be sufficient if it shall appear that the court ordered such sheriff or other officer to make to the purchaser a deed or certificate of sale for the lands and tenements so sold. Title to the property thereby conveyed shall vest in the grantee as of the date of execution of the sheriff's deed.
History:
L. 1963, ch. 303, 60-2416; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2417 Executions in special cases.

60-2417.
Executions in special cases.
(a) Delivery of property. If the execution be for the delivery of the possession of real or personal property, it shall require the officer to deliver the same, particularly describing the property, to the party entitled thereto, and may at the same time require the officer to satisfy any costs or damages recovered in the same judgment out of the personal property of the party against whom it was rendered; and for the want of such personal property, then out of the lands and tenements; and in this respect it shall be deemed an execution against the property.
(b) Execution to conform to judgment; insufficiency. In special cases not hereinbefore provided for the execution shall conform to the judgment or order of the court. When a judgment for any specified amount, and also the sale of specific real or personal property, shall have been rendered, and an amount sufficient to satisfy the amount of the debt or damages and cost be not made from the sale of property specified, an execution may issue for the balance as in other cases.
History:
L. 1963, ch. 303, 60-2417; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2418 Judgment liens; revival of judgment.

60-2418.
Judgment liens; revival of judgment.
(a) In all cases in which a judgment is rendered pursuant to the code of civil procedure for limited actions, the party in whose favor judgment is rendered may pay the fee prescribed by K.S.A. 28-170 and amendments thereto. Upon payment of the fee the clerk of the district court in the county in which the judgment was rendered shall renumber the case as a case filed under this chapter and enter payment of the fee and the renumbering of the case on the appearance docket of the case. After such payment of the fee and renumbering of the case, such judgment may be filed in any county in which real property of the judgment debtor is located pursuant to K.S.A. 60-2202, and amendments thereto. The judgment shall become a lien on the real estate of the judgment debtor in the county from the date of the entry. Execution to satisfy the judgment shall proceed in the same manner as original judgments in the district court pursuant to this chapter.
(b) If any judgment filed pursuant to this section becomes dormant, it may be revived in the same manner as other judgments in the district court.
History:
L. 1963, ch. 303, 60-2418; L. 1976, ch. 251, § 35; L. 1977, ch. 109, § 34; L. 1977, ch. 112, § 27; L. 1984, ch. 147, § 15; L. 2000, ch. 161, § 115; L. 2002, ch. 157, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 24 - Executions And Orders Of Sale › 60-2420 General execution; notice.

60-2420.
General execution; notice.
If a general execution is issued, a notice shall be served on the defendant along with the writ of execution, notifying the defendant of the following:
(a) That a general execution has been issued directing an officer to seize any nonexempt property of the defendant to be sold in satisfaction of the judgment against the defendant;
(b) of the defendant's right to assert any claim of exemption allowed under the law with respect to the property seized; and
(c) of the defendant's right to a hearing on such claim.
The notice shall contain a description of the exemptions that are applicable to general executions and the procedure by which the defendant can assert any claim of exemption and shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council. The return filed with the writ of execution shall indicate that a copy of the notice was served on the defendant along with the writ.
History:
L. 1999, ch. 131, § 1; L. 2005, ch. 101, § 16; July 1.