Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Article 27 - Small Claims Procedure
61-2701 Citation of act. - 61-2701. Citation of act. This act shall be known and...
61-2702 Application of act; correlation with code of civil procedure for limited actions. - 61-2702. Application of act; correlation with code of civil procedure...
61-2703 Definitions. - 61-2703. Definitions. As used in this act: (a) "Small claim"...
61-2704 Commencement of action; fees and costs; authorized only by legislative enactment; limit on number of claims. - 61-2704. Commencement of action; fees and costs; authorized only by...
61-2705 Pleadings. - 61-2705. Pleadings. It is the purpose of this act to...
61-2706 Claims exceeding small claims in jurisdiction. - 61-2706. Claims exceeding small claims in jurisdiction. (a) Whenever a...
61-2707 Trial of action; exclusion of attorneys; appearance by others in a representative capacity; enforcement of judgment; certain judgments null and void. - 61-2707. Trial of action; exclusion of attorneys; appearance by others...
61-2708 Venue. - 61-2708. Venue. The venue of actions commenced under this act...
61-2709 Appeals. - 61-2709. Appeals. (a) An appeal may be taken from any...
61-2710 Costs, taxation. - 61-2710. Costs, taxation. The costs of any action commenced [under]...
61-2712 Purpose of act; powers of court. - 61-2712. Purpose of act; powers of court. It is the...
61-2713 Forms. - 61-2713. Forms. The forms to be utilized under the small...
61-2714 Use of attorneys; certification by plaintiff of compliance with act; defense related to limit on number of claims. - 61-2714. Use of attorneys; certification by plaintiff of compliance with...
Article 28 - Prefatory
61-2801 Title. - 61-2801. Title. This act shall be known and may be...
61-2802 Application of code. - 61-2802. Application of code. (a) This act may be used...
61-2803 Supreme court rules. - 61-2803. Supreme court rules. The supreme court of this state...
61-2804 Filings. - 61-2804. Filings. Judicial districts in this state may accept for...
61-2805 Acts by court or judge. - 61-2805. Acts by court or judge. Without regard to whether...
61-2806 Construction. - 61-2806. Construction. The provisions of this act shall be liberally...
Article 29 - Pleadings
61-2901 Name of parties. - 61-2901. Name of parties. The party who files a lawsuit...
61-2902 Commencement of actions, limitations of actions. - 61-2902. Commencement of actions, limitations of actions. (a) An action...
61-2903 Pleadings and other papers allowed. - 61-2903. Pleadings and other papers allowed. (a) Pleadings. Only the...
61-2904 Appearance; answer; counter-claim; affirmative defenses. - 61-2904. Appearance; answer; counter-claim; affirmative defenses. (a) A defendant shall...
61-2905 Counterclaims and cross-claims. - 61-2905. Counterclaims and cross-claims. (a) (1) Upon timely application of...
61-2907 Service and filing of pleadings and other papers. - 61-2907. Service and filing of pleadings and other papers. (a)...
61-2908 Special matters. - 61-2908. Special matters. The provisions of K.S.A. 60-209, 60-210 and...
61-2909 Computation and extension of time. - 61-2909. Computation and extension of time. The provisions of K.S.A....
61-2910 Application of chapter 60, when. - 61-2910. Application of chapter 60, when. Upon motion of any...
61-2911 Claims beyond the scope of actions authorized by 61-2802. - 61-2911. Claims beyond the scope of actions authorized by 61-2802....
61-2912 Adoption by reference of certain provisions of article 2 of chapter 60. - 61-2912. Adoption by reference of certain provisions of article 2...
Article 30 - Process
61-3001 Summons; issuance. - 61-3001. Summons; issuance. Upon the filing of the petition pursuant...
61-3002 Same; time for appearance; form. - 61-3002. Same; time for appearance; form. (a) The summons shall...
61-3003 Methods of service of process. - 61-3003. Methods of service of process. (a) Methods of service...
61-3004 Service of process; time limits; on whom service made. - 61-3004. Service of process; time limits; on whom service made....
61-3005 Proof of service. - 61-3005. Proof of service. Proof of service shall be made...
61-3006 Service of process outside the state. - 61-3006. Service of process outside the state. (a) (1) Service...
Article 31 - Discovery
61-3101 Admission of facts and genuineness of documents; withdrawal or amendment of admission. - 61-3101. Admission of facts and genuineness of documents; withdrawal or...
61-3102 Expenses on refusal to admit truth of matter requested. - 61-3102. Expenses on refusal to admit truth of matter requested....
61-3103 Interrogatories. - 61-3103. Interrogatories. (a) Any party may submit to any other...
61-3104 Subpoenas. - 61-3104. Subpoenas. Subpoenas may be issued by the clerk of...
61-3105 Depositions. - 61-3105. Depositions. (a) Any party to an action pursuant to...
61-3106 Production of documents. - 61-3106. Production of documents. Production of documents and things for...
Article 32 - Pretrial And Trial
61-3201 Pretrial hearing. - 61-3201. Pretrial hearing. (a) If the defendant appears on the...
61-3202 Trial of actions by court or jury; evidence. - 61-3202. Trial of actions by court or jury; evidence. (a)...
Article 33 - Judgment
61-3301 Default judgment. - 61-3301. Default judgment. (a) The court may enter a default...
61-3302 Judgments. - 61-3302. Judgments. (a) A judgment may be entered by master...
61-3303 Interest on judgments. - 61-3303. Interest on judgments. The provisions of K.S.A. 16-201, 16-204...
61-3304 Modification of judgment. - 61-3304. Modification of judgment. Except as modified by subsections (h)...
Article 34 - Venue
61-3402 Actions against residents. - 61-3402. Actions against residents. An action against a resident of...
61-3403 Actions against corporations. - 61-3403. Actions against corporations. An action against a domestic corporation,...
61-3404 Actions against nonresidents and nonqualified corporations. - 61-3404. Actions against nonresidents and nonqualified corporations. An action against...
61-3405 Actions against public utility, common carrier or transportation system. - 61-3405. Actions against public utility, common carrier or transportation system....
61-3406 Multiple parties. - 61-3406. Multiple parties. If there are several plaintiffs properly joined...
61-3407 Change of venue. - 61-3407. Change of venue. In all cases pursuant to the...
61-3408 Time for objection to venue. - 61-3408. Time for objection to venue. Objection to the venue...
61-3409 Effect of improper venue. - 61-3409. Effect of improper venue. If an action is commenced...
Article 35 - Attachment And Garnishment
61-3501 Attachment. - 61-3501. Attachment. The provisions of article 7 of chapter 60...
61-3502 Nature of garnishment. - 61-3502. Nature of garnishment. Garnishment is a procedure whereby the...
61-3503 When garnishment available before judgment. - 61-3503. When garnishment available before judgment. An order of garnishment...
61-3504 When garnishment available after judgment. - 61-3504. When garnishment available after judgment. (a) As an aid...
61-3505 Order of garnishment, other than earnings. - 61-3505. Order of garnishment, other than earnings. This section shall...
61-3506 Garnishment of funds held by financial institution; administrative fee; order of garnishment requirements. - 61-3506. Garnishment of funds held by financial institution; administrative fee;...
61-3507 Order of garnishment, earnings. - 61-3507. Order of garnishment, earnings. This section must apply if...
61-3508 Notice to judgment debtor; hearing on claim of exemption. - 61-3508. Notice to judgment debtor; hearing on claim of exemption....
61-3509 Answer of garnishee; attachment of intangible property other than earnings. - 61-3509. Answer of garnishee; attachment of intangible property other than...
61-3510 Same; attaching earnings. - 61-3510. Same; attaching earnings. This section must apply if the...
61-3511 Same; reply; notification and hearing; burden of proof. - 61-3511. Same; reply; notification and hearing; burden of proof. (a)...
61-3512 Garnishee's payment to the judgment creditor; refund of overpayment; release of funds; nonliability of garnishee. - 61-3512. Garnishee's payment to the judgment creditor; refund of overpayment;...
61-3513 Payment of earnings withheld by garnishee. - 61-3513. Payment of earnings withheld by garnishee. This section shall...
61-3514 Failure of garnishee to answer. - 61-3514. Failure of garnishee to answer. If the garnishee fails...
61-3515 Failure of garnishee to pay. - 61-3515. Failure of garnishee to pay. If after the time...
61-3516 Miscellaneous garnishment provisions. - 61-3516. Miscellaneous garnishment provisions. The provisions of K.S.A. 60-721, 60-722,...
Article 36 - Executions
61-3601 Stay of proceedings to enforce judgments. - 61-3601. Stay of proceedings to enforce judgments. The provisions of...
61-3602 Procedure. - 61-3602. Procedure. General and special executions or orders of sale...
61-3603 Exemption from seizure and sale. - 61-3603. Exemption from seizure and sale. The provisions of article...
61-3604 Hearing in aid of execution. - 61-3604. Hearing in aid of execution. (a) As an aid...
61-3605 Order back procedure. - 61-3605. Order back procedure. If a judgment debtor appears pursuant...
61-3606 Contempt. - 61-3606. Contempt. If a person fails to appear in response...
61-3607 Same; hearing; penalty. - 61-3607. Same; hearing; penalty. If on hearing, the court determines...
61-3608 Bench warrant; hearing; penalty. - 61-3608. Bench warrant; hearing; penalty. (a) If a person fails...
61-3609 Service at place of employment. - 61-3609. Service at place of employment. If the judgment debtor...
61-3610 Dormant judgment; revivor. - 61-3610. Dormant judgment; revivor. The provisions of K.S.A. 60-2403 and...
61-3611 Substitution of judgment creditor. - 61-3611. Substitution of judgment creditor. Any person who claims to...
Article 37 - Replevin And Foreclosure Of Secured Interests
61-3701 Replevin; procedure; orders; execution; judgment. - 61-3701. Replevin; procedure; orders; execution; judgment. Upon the commencement of...
61-3702 Foreclosure of security interest; procedure; orders; execution; judgment. - 61-3702. Foreclosure of security interest; procedure; orders; execution; judgment. A...
61-3703 Same; sale of property to satisfy judgment. - 61-3703. Same; sale of property to satisfy judgment. (a) Any...
61-3704 Return; confirmation of sale. - 61-3704. Return; confirmation of sale. Upon sale of such property,...
61-3705 Application of proceeds. - 61-3705. Application of proceeds. (a) Upon the sale of personal...
Article 38 - Evictions
61-3801 Scope. - 61-3801. Scope. K.S.A. 61-3801 through 61-3808, and amendments thereto, shall...
61-3802 Judgment not bar to other actions. - 61-3802. Judgment not bar to other actions. A judgment in...
61-3803 Notice to leave premises. - 61-3803. Notice to leave premises. Before a lawsuit to evict...
61-3804 Petition for claim. - 61-3804. Petition for claim. The petition shall describe the premises...
61-3805 Summons; time for appearance. - 61-3805. Summons; time for appearance. The time stated in the...
61-3806 Appearance; answer. - 61-3806. Appearance; answer. A defendant shall either appear in person...
61-3807 Trial. - 61-3807. Trial. (a) If a trial is necessary, the trial...
61-3808 Writ of restitution. - 61-3808. Writ of restitution. (a) If judgment is entered against...
Article 39 - Appeals
61-3901 Grounds for appeal. - 61-3901. Grounds for appeal. Any party to a civil action...
61-3902 Appeals; procedure. - 61-3902. Appeals; procedure. (a) All appeals from orders, rulings, decisions...
61-3903 Appeals from district magistrate judge not regularly admitted to practice law; notice; assignment. - 61-3903. Appeals from district magistrate judge not regularly admitted to...
61-3904 Execution on judgment pending appeal without bond. - 61-3904. Execution on judgment pending appeal without bond. No execution...
61-3905 Stay of proceedings on appeal; bond. - 61-3905. Stay of proceedings on appeal; bond. (a) Whenever an...
61-3906 Same; forcible detainer. - 61-3906. Same; forcible detainer. In appeals taken by the defendant...
61-3907 Insufficiency of bond. - 61-3907. Insufficiency of bond. If a supersedeas bond was not...
61-3908 Judgment against surety. - 61-3908. Judgment against surety. By entering into a supersedeas bond...
61-3909 Dismissal of appeal. - 61-3909. Dismissal of appeal. If the appeal is dismissed by...
Article 40 - Costs
61-4001 Docket fee; authorized only by legislative enactment; poverty affidavit; additional court costs; exemptions. - 61-4001. Docket fee; authorized only by legislative enactment; poverty affidavit;...
61-4002 Items allowable as costs. - 61-4002. Items allowable as costs. The provisions of K.S.A. 60-2002,...
Article 41 - General Provisions
61-4101 Lost or destroyed court files. - 61-4101. Lost or destroyed court files. The applicable provisions of...
61-4102 Affirmation in lieu of oath. - 61-4102. Affirmation in lieu of oath. Whenever an oath is...
61-4103 Availability of other relief. - 61-4103. Availability of other relief. If a case arises in...
61-4104 Effect on pending actions. - 61-4104. Effect on pending actions. The procedures prescribed by the...