59-2408. Appeal from a district magistrate judge; trial on appeal; pleadings; issues; evidence. Except as provided for in K.S.A. 59-2401a, and amendments thereto, whenever an appeal has been taken from an order, judgment, decree or decision of a district magistrate judge, the district judge to which the appeal is assigned by the chief judge, without unnecessary delay, shall proceed to hear and determine all issues in the matter de novo and shall allow and may require pleadings to be filed or amended. The right to file new pleadings shall not be abridged or restricted by the pleadings filed, or by failure to file pleadings, in the proceedings before the district magistrate judge; nor shall the trial or the issues to be considered by the district judge be abridged or restricted by any failure to appear or by the evidence introduced, or the absence or insufficiency thereof, in the proceedings before the district magistrate judge.
History: L. 1939, ch. 180, § 276; L. 1945, ch. 237, § 5; L. 1965, ch. 346, § 49; L. 1976, ch. 242, § 63; L. 1977, ch. 112, § 23; L. 1978, ch. 222, § 2; L. 1986, ch. 115, § 89; L. 1999, ch. 57, § 52; L. 2006, ch. 56, § 4; July 1.
Structure Kansas Statutes
Article 24 - Appeals And Transfers
59-2401 Appealable orders in cases involving decedents' estates, when; bond.
59-2401a Appealable orders involving proceedings under chapter 59, when; bond.
59-2402 District magistrate judges; certification of questions outside judge's jurisdiction.
59-2402a Request for transfer of certain matters from district magistrate judge to district judge.
59-2402b Same; assignment of case or specific issue.
59-2402d Transfer of trust estates from district magistrate judge.
59-2404 Appeals from district magistrate judges; appeal not abridged by failure to defend.
59-2408 Appeal from a district magistrate judge; trial on appeal; pleadings; issues; evidence.
59-2409 Remanding appealed case to district magistrate judge.