Practice act of kansas civil laws

In the revision of the code of civil procedure by the 1963 Kansas legislature all of old chapter 60 was repealed and new chapter, articles and sections were assigned. Consequently, this code contains subject matter similar to many of the old sections of chapter 60 of the General Statutes of 1949 and the 1961 Supplement thereto, but in most instances with new numbers.

Comparative tables of sections may be found commencing on page 2 of Volume 4A of the Kansas Statutes Annotated, dated 1983.

• Article 1.—PREFATORY
  • Revisor's Note: Article 1 of Chapter 60 of the Kansas Statutes Annotated was amended during the 2010 session to conform with the style of the Federal Rules of Civil Procedure. Part of the style change enacted by the legislature changes the word "shall" where it previously appeared in this article to the word "must," or in some instances to "should" or "may." Generally, Kansas statutes and case law use the word "shall" to mean "must," and "may" to mean "should" or "may." Federal case law may be helpful in determining the meaning of the words "must," "should" and "may" as used in this article. Cross References to Related Sections: Similar provisions in code of civil procedure for limited actions, see chapter 61, article 28. Law Review and Bar Journal References: "Researching Legislative Intent," Fritz Snyder, 51 J.K.B.A. 93, 95 (1982). "Termination of Parental Rights and Service of Process: Follow the Rules or Suffer the Consequences," Robert M. Pitkin, J.K.T.L.A. Vol. XVI, No. 5, 7 (1993). "Unauthorized Corporate Law Practices in Small Claims Court: Should Anybody Care?" Ron Smith, 33 W.L.J. 345, 347 (1994). "Procedures Under the Kansas Act for Judicial Review and Civil Enforcement of Agency Actions, K.S.A. 77-601 et seq.," Martha J. Coffman, 76 J.K.B.A. No. 2, 21 (2007). "General Jurisdiction in Kansas," Robert C. Casad, 76 J.K.B.A. No. 4, 27 (2007).
  • 60-101 Title.
  • 60-102 Construction.
  • 60-103 Restricted mail defined.
  • 60-104 Acts by court or judge.
  • Revisor's Note: Article 2 of Chapter 60 of the Kansas Statutes Annotated was amended during the 2010 session to conform with the style of the Federal Rules of Civil Procedure. Part of the style change enacted by the legislature changes the word "shall" where it previously appeared in this article to the word "must," or in some instances to "should" or "may." Generally, Kansas statutes and case law use the word "shall" to mean "must," and "may" to mean "should" or "may." Federal case law may be helpful in determining the meaning of the words "must," "should" and "may" as used in this article. Cross References to Related Sections: Applicability of article, see 60-265. Attachment and garnishment, see 60-701 et seq. Rules of civil procedure for limited actions, see chapter 61, article 29. Law Review and Bar Journal References: Provisions explained prior to legislative enactment, George Templar, 31 J.B.A.K. 165 to 171 (1962). "Some Comments on the New Code of Civil Procedure," Emmet Blaes, 12 K.L.R. 75, 79 (1963). Rules flexible guides, "Evidence," Spencer A. Gard, 12 K.L.R. 239, 240 (1963). Mentioned as having major impact on labor law litigation, "Labor Law," Robert J. Fowks, 12 K.L.R. 281, 284 (1963). "Highlights of the Code of Civil Procedure (1963)," Spencer A. Gard, 2 W.L.J. 199, 201 (1962). Cited regarding K.S.A. 60-2413 in "Civil Procedure—Tort-feasor's Right to Contribution," Peggy Gatewood, 10 W.L.J. 135 (1970). "Survey of Kansas Law: Torts," William Edward Westerbeke, 27 K.L.R. 321, 342 (1979). "The Fork in the Road: A Practitioner's Guide to the 1997 Changes in the Code of Civil Procedure," J. Nick Badgerow, 66 J.K.B.A. No. 5, 32 (1997).
  • 60-201 Rules of civil procedure; citation; scope.
  • 60-202 One form of action.
  • 60-203 Commencement of action.
  • 60-204 Process, generally.
  • 60-205 Service and filing of pleadings and other papers.
  • 60-206 Time, computation and extension; accessibility of court; definitions; extension or suspension of computation rules or time limitations by chief justice.
  • 60-207 Pleadings allowed; motions; form.
  • 60-208 General rules of pleadings.
  • 60-209 Pleading special matters.
  • 60-210 Form of pleadings.
  • 60-211 Signing of pleadings, motions and other papers; representations to the court; sanctions.
  • 60-212 Defenses and objections; presentations, when and how; certain motions; waiver.
  • 60-213 Counterclaims and cross-claims.
  • 60-214 Third-party practice.
  • 60-215 Amended and supplemental pleadings.
  • 60-216 Pretrial conferences; case management conference.
  • 60-217 Parties; capacity.
  • 60-218 Joinder of claims; contingent claims.
  • 60-219 Required joinder of parties; feasibility.
  • 60-220 Permissive joinder of parties.
  • 60-221 Misjoinder and nonjoinder of parties.
  • 60-222 Interpleader.
  • 60-223 Class actions.
  • 60-223a Derivative actions.
  • 60-223b Actions relating to unincorporated associations.
  • 60-224 Intervention.
  • 60-225 Substitution of parties.
  • 60-226 General provisions governing discovery.
  • 60-227 Perpetuation of testimony; petition; order.
  • 60-228 Persons before whom depositions may be taken.
  • 60-228a Uniform interstate depositions and discovery act.
  • 60-229 Discovery procedure; stipulations.
  • 60-230 Depositions by oral examination; requirements; examination; copies; attendance.
  • 60-231 Depositions by written questions.
  • 60-232 Use of depositions in court proceedings.
  • 60-233 Interrogatories to parties.
  • 60-234 Production of documents, electronically stored information, tangible things and entry onto land for inspection and other purposes.
  • 60-235 Physical and mental examinations.
  • 60-236 Requests for admission.
  • 60-237 Compelling discovery; failure to comply; sanctions; failure to preserve electronically stored information.
  • 60-238 Right of trial by jury; demand; waiver.
  • 60-239 Trial by jury or by the court.
  • 60-240 Scheduling cases for trial; continuances.
  • 60-241 Dismissal of actions.
  • 60-242 Multicounty and multidistrict litigation.
  • 60-243 Testimony of witnesses; evidence.
  • 60-244 Proof of records.
  • 60-245 Subpoenas.
  • 60-245a Subpoena of nonparty business records.
  • 60-246 Objections to rulings or orders.
  • 60-247 Jurors.
  • 60-248 Jury trial procedure.
  • 60-248a Repealed.
  • 60-249 Special verdict; general verdict; written questions.
  • 60-249a Itemized verdict, personal injury actions; jury instructions.
  • 60-250 Judgment as a matter of law; motion for new trial.
  • 60-251 Jury instructions; objections; erroneous instructions.
  • 60-252 Findings and conclusions by the court; judgment on partial findings.
  • 60-252a Trial by the court; judgment, ruling or decision, time limitation.
  • 60-252b Rules of supreme court.
  • 60-253 Trial by masters.
  • 60-254 Judgment.
  • 60-255 Default.
  • 60-256 Summary judgment.
  • 60-257 Declaratory judgment.
  • 60-258 Entry of judgment.
  • 60-258a Comparative negligence.
  • 60-258b Repealed.
  • 60-259 New trial; motion to alter or amend judgment.
  • 60-260 Relief from judgment or order.
  • 60-261 Harmless error.
  • 60-262 Stay of proceedings to enforce judgment.
  • 60-263 Disability of judge.
  • 60-264 Enforcing orders for and against a nonparty; procedure.
  • 60-265 Applicability of article.
  • 60-266 Same; jurisdiction and venue.
  • 60-267 Rules by district courts.
  • 60-268 Repealed.
  • 60-269 Repealed.
  • 60-270 Retaining original records until case closed.
  • 60-271 Acceptance of filings by electronic means.
  • 60-272 Contact with jurors; discussion of deliberations or verdict following discharge; informing jurors; violations, contempt.
  • Revisor's Note: Article 3 of Chapter 60 of the Kansas Statutes Annotated was amended during the 2010 session to conform with the style of the Federal Rules of Civil Procedure. Part of the style change enacted by the legislature changes the word "shall" where it previously appeared in this article to the word "must," or in some instances to "should" or "may." Generally, Kansas statutes and case law use the word "shall" to mean "must," and "may" to mean "should" or "may." Federal case law may be helpful in determining the meaning of the words "must," "should" and "may" as used in this article. Law Review and Bar Journal References: Provisions explained prior to legislative enactment, Leonard O. Thomas, 31 J.B.A.K. 157 to 160, 163, 164 (1962). "Divorce and Alimony Under the New Code," Dan Hopson, Jr., 12 K.L.R. 27, 36 (1963). Commentary on Kansas law on statutes of limitation, 18 K.L.R. 441, 452 (1970). "Kansas Enacts New Provisions for Child Support Enforcement — Mandatory Wage Withholding," Yvonne C. Anderson, Richard A. Forster, 25 W.L.J. 91, 112 (1985). "Habeas Corpus in Kansas: How is the Great Writ Used Today?" Martha J. Coffman, 64 J.K.B.A. No. 1, 26, 28 (1995). CASE ANNOTATIONS 1. Cited in holding that 60-203(b) should be liberally construed to insure just determination of any action despite irregularities. Hughes v. Martin, 240 K. 370, 374, 375, 729 P.2d 1200 (1986).
  • 60-301 Summons; issuance.
  • 60-302 Summons; form.
  • 60-303 Methods of service of process.
  • 60-304 Service of process, on whom made.
  • 60-304a Repealed.
  • 60-305 Process agents for public utilities.
  • 60-305a Process agents for motor common carriers.
  • 60-306 Process service agent.
  • 60-307 Service by publication.
  • 60-308 Service outside state.
  • 60-309 Relief from default judgment entered on service by publication.
  • 60-310 Lack of service on all defendants; procedure.
  • 60-311 Where process may be served.
  • 60-312 Proof of service.
  • 60-313 Process, return of proof of service; amendment.
  • 60-314 Repealed.
  • Cross References to Related Sections: Evidence, form and admissibility, see 60-243(a). Scope of examination and cross examination, see 60-243(b). Record of excluded evidence, see 60-243(c). Evidence on motions, see 60-243(d). Depositions and discovery pending action, see 60-226. Perpetuation of testimony, see 60-227. Depositions and interrogatories in general, see 60-226 et seq. Discovery and production of documents and things, see 60-234. Admissibility of records at University of Kansas school of medicine and medical center used for instructional purposes, see 76-354 et seq. Law Review and Bar Journal References: Certain provisions commented upon prior to legislative enactment, Spencer A. Gard, 31 J.B.A.K. 194 et seq. (1962). "Highlights of the Kansas Code of Civil Procedure (1963)," Spencer A. Gard, 2 W.L.J. 199, 201, 209. Survey of law of evidence, Spencer A. Gard, 12 K.L.R. 239, 240 (1963). Survey of Kansas evidence law (1967-1968), 18 K.L.R. 412, 413, 414, 415, 416 (1970). "Practice and Procedure Before the State Corporation Commission," Fred B. Adam, 41 J.B.A.K. 199, 203 (1972). The legal effect of jury answers to special verdict questions under Kansas comparative negligence law, David E. Pierce, 16 W.L.J. 114, 119, 120, 124, 129, 134 (1976). "Survey of Kansas Law: Evidence," Spencer A. Gard, 27 K.L.R. 225 (1979). "Survey of Kansas Law: Evidence," Mark M. Dobson, 32 K.L.R. 625 (1984). "A Quantitative and Descriptive Survey of Evidence Law in the Kansas Appellate Courts," Stanley D. Davis, 37 K.L.R. 715 (1989). CASE ANNOTATIONS 1. Nolo contendere plea or finding of guilty in criminal action cannot be used as evidence or admission in subsequent civil action. Patrons Mut. Ins. Ass'n v. Harmon, 240 K. 707, 711, 732 P.2d 741 (1987).
  • A. GENERAL PROVISIONS 60-401 Definitions.
  • 60-402 Scope of rules.
  • 60-403 Exclusionary rules not to apply to undisputed matter.
  • 60-404 Effect of erroneous admission of evidence.
  • 60-405 Effect of erroneous exclusion of evidence.
  • 60-406 Limited admissibility.
  • 60-407 General abolition of disqualifications and privileges of witnesses, and of exclusionary rules.
  • 60-408 Preliminary inquiry by judge.
  • B. JUDICIAL NOTICE 60-409 Facts which must or may be judicially noticed.
  • 60-410 Determination as to propriety of judicial notice and tenor of matter noticed.
  • 60-411 Instructing the trier of fact as to matter judicially noticed.
  • 60-412 Judicial notice in proceedings subsequent to trial.
  • C. PRESUMPTIONS 60-413 Definition.
  • 60-414 Effect of presumptions.
  • 60-415 Inconsistent presumptions.
  • 60-416 Burden of proof not relaxed as to some presumptions.
  • D. WITNESSES 60-417 Disqualification of witness; interpreters.
  • 60-418 Oath.
  • 60-419 Prerequisites of knowledge and experience.
  • 60-420 Evidence generally affecting credibility.
  • 60-421 Limitations on evidence of conviction of crime as affecting credibility.
  • 60-422 Further limitations on admissibility of evidence affecting credibility.
  • E. PRIVILEGES 60-423 Privilege of accused.
  • 60-424 Definition of incrimination.
  • 60-425 Self-incrimination.
  • 60-426 Attorney-client privilege.
  • 60-426a Attorney-client privilege and work product; limitations on waiver.
  • 60-427 Physician-patient privilege.
  • 60-428 Marital privilege, confidential communications.
  • 60-429 Penitential communication privilege.
  • 60-430 Religious belief.
  • 60-431 Political vote.
  • 60-432 Trade secret.
  • 60-433 Secret of state.
  • 60-434 Official information.
  • 60-435 Communication to grand jury.
  • 60-436 Identity of informer.
  • 60-437 Waiver of privilege by contract or previous disclosure.
  • 60-438 Admissibility of disclosure wrongfully compelled.
  • 60-439 Reference to exercise of privilege; presumption and adverse inference not permitted.
  • 60-440 Effect of error in overruling claim of privilege.
  • F. EXTRINSIC POLICIES AFFECTING ADMISSIBILITY 60-441 Evidence to test a verdict or indictment.
  • 60-442 Testimony by the judge.
  • 60-443 Testimony by a juror.
  • 60-444 Testimony of jurors not limited except by this article.
  • 60-445 Discretion of judge to exclude admissible evidence.
  • 60-446 Character — manner of proof.
  • 60-447 Character trait as proof of conduct.
  • 60-447a Transferred.
  • 60-448 Character trait for care or skill.
  • 60-449 Habit or custom to prove specific behavior.
  • 60-450 Opinion and specific instances of behavior to prove habit or custom.
  • 60-451 Subsequent remedial conduct.
  • 60-452 Offer to compromise and the like, not evidence of liability.
  • 60-452a Dispute resolution; confidentiality.
  • 60-453 Offer to discount claim, not evidence of invalidity.
  • 60-454 Liability insurance.
  • 60-455 Other crimes or civil wrongs.
  • G. EXPERT AND OTHER OPINION TESTIMONY 60-456 Testimony in form of opinion or inferences.
  • 60-457 Preliminary examination for non-expert witness; pre-trial hearing for expert witness.
  • 60-458 Expert opinion or inference; facts or data relied upon, admissibility.
  • H. HEARSAY EVIDENCE 60-459 Definitions.
  • 60-460 Hearsay evidence excluded; exceptions.
  • 60-460a Repealed.
  • 60-461 Discretion of judge under exception to exclude evidence.
  • 60-462 Credibility of declarant.
  • 60-463 Multiple hearsay.
  • I. AUTHENTICATION AND CONTENT OF WRITINGS 60-464 Authentication or identification of evidence; examples.
  • 60-465 Authentication of public documents; self-authenticating evidence.
  • 60-465a Reproductions of original court records deemed same as original record; certified copy as evidence.
  • 60-466 Certificate of lack of record.
  • 60-467 Original document required as evidence; exceptions.
  • 60-468 Proof of attested writings.
  • 60-469 Proving content of business and public records.
  • 60-470 Title.
  • J. MISCELLANEOUS PROVISIONS 60-471 Repealed.
  • 60-472 Photographs of property wrongfully taken.
  • 60-473 Peer support counseling session communication privilege; emergency services personnel, law enforcement personnel and national guard member.
  • 60-474 through 60-479 Reserved.
  • JOURNALIST PRIVILEGE 60-480 Journalist privilege; definitions.
  • 60-481 Journalist privilege.
  • 60-482 Same; compelled disclosure.
  • 60-483 Same; hearing; disclosure.
  • 60-484 Same; costs and attorney fees.
  • 60-485 Same; rights and privileges in addition to others.
  • Law Review and Bar Journal References: Symposium on Kansas statutes of limitations written prior to enactment of new code, 9 K.L.R. 179 to 253 (1960). Commentary on Kansas law on statutes of limitation, 18 K.L.R. 441 to 454, 456 (1970).
  • SCOPE OF ARTICLE 60-501 Scope.
  • REAL PROPERTY ACTIONS 60-502 Repealed.
  • 60-503 Adverse possession.
  • 60-504 Execution sale.
  • 60-505 Sales by executors, administrators or conservators.
  • 60-506 Forcible entry and detention.
  • 60-507 Unspecified real property actions.
  • 60-508 Persons under legal disabilities.
  • 60-509 Real property actions excepted.
  • PERSONAL ACTIONS AND GENERAL PROVISIONS 60-510 Effect of limitations prescribed.
  • 60-511 Actions limited to five years.
  • 60-512 Actions limited to three years.
  • 60-513 Actions limited to two years.
  • 60-513a Ionizing radiation defined.
  • 60-513b Limitations on actions for ionizing radiation injury.
  • 60-513c Action for latent ionizing radiation damage not barred by prior action; exception.
  • 60-513d "Health care provider" defined.
  • 60-514 Actions limited to one year.
  • 60-515 Persons under legal disability.
  • 60-516 Actions originating in another state.
  • 60-517 When defendant out of state.
  • 60-518 New action, when.
  • 60-519 Suits stayed by injunction.
  • 60-520 Part payment or acknowledgment of liability.
  • 60-521 Limitations applicable to public bodies.
  • 60-522 Limitations on actions brought by or on behalf of the Kansas public employees retirement system; retroactive application.
  • 60-523 Limitations on actions for recovery of damages suffered as a result of childhood sexual abuse.
  • 60-524 Limitations on actions for recovery of damages by Dalkon Shield victims.
  • Law Review and Bar Journal References: Provisions explained prior to legislative enactment, Leonard O. Thomas, 31 J.B.A.K. 161 to 164 (1962). "The Kansas Sexually Violent Predator Act—Post Hendricks," Hon. Tom Malone, 67 J.K.B.A. No. 2, 36 (1998).
  • 60-601 Actions concerning real property.
  • 60-602 Local county actions.
  • 60-603 Actions against residents.
  • 60-604 Actions against corporations.
  • 60-605 Actions against nonresidents and nonqualified corporations.
  • 60-606 Public utility, common carrier or transportation system.
  • 60-607 Domestic relations actions.
  • 60-608 Multiple parties.
  • 60-609 Change of venue.
  • 60-610 Time for objection to venue.
  • 60-611 Effect of improper venue.
  • 60-612 Hearing or trial outside county; nonconformity with Americans with disabilities act accessibility guidelines.
  • 60-613 Fort Riley military reservation.
  • 60-614 Venue of actions concerning appropriations; transfer of certain actions; process; act supplemental.
  • Cross References to Related Sections: Attachment and garnishment proceedings in limited actions, see chapter 61, article 35. Law Review and Bar Journal References: Certain provisions commented upon prior to legislative enactment, A. K. Stavely, 31 J.B.A.K. 182 et seq. (1962). "Attachment and Garnishment Under the New Code," Wilbur D. Geeding, 33 J.B.A.K. 177 (1964). Survey of debtor-creditor law, Robert B. Morton, 12 K.L.R. 211, 231 (1963). Sections K.S.A. 60-714 to 60-724 cited in 1963-65 survey of insurance law, James L. Crabtree, 14 K.L.R. 311, 317 (1965). "The Kansas Uniform Fraudulent Transfer Act," Leon B. Graves, 68 J.K.B.A. No. 6, 34 (1999).
  • ATTACHMENT PROCEEDINGS 60-701 Grounds for attachment.
  • 60-702 Attachments on demands not due.
  • 60-703 Attachments, how obtained.
  • 60-704 Form of affidavit, by whom made.
  • 60-705 Plaintiff's bond.
  • 60-706 Attachment order.
  • 60-707 Attached property retained or repossessed by defendant; bond.
  • 60-708 Repealed.
  • 60-709 Compensation of officer.
  • 60-710 Sale of perishable property.
  • 60-711 Appointment of receiver.
  • 60-712 Dissolution of attachment; hearing.
  • 60-713 Settlement of conflicting claims.
  • GARNISHMENT PROCEEDINGS 60-714 Repealed.
  • 60-715 Repealed.
  • 60-716 Repealed.
  • 60-717 Repealed.
  • 60-718 Repealed.
  • 60-719 Effect of offsets claimed by garnishee.
  • 60-720 Repealed.
  • 60-721 Judgment in garnishment proceedings.
  • 60-722 Bond of defendant for payment of judgment.
  • 60-723 Garnishment of earnings of public officers and employees; state property exempt from enforcement of judgments.
  • 60-724 Exceptions.
  • 60-725 Amendment of garnishee's answer form by clerks of certain courts; when.
  • 60-726 Repealed.
  • 60-727 Garnishment proceedings; payments from inmate trust accounts; minimum amount.
  • 60-728 Repealed.
  • 60-729 Order of garnishment; fee; authorized only by legislative enactment.
  • 60-730 When garnishment available before judgment.
  • 60-731 When garnishment available after judgment; order of garnishment shall designate whether to attach earnings or other property; no bond required after judgment.
  • 60-732 Order of garnishment; when garnishment is to attach intangible property other than earnings; effect; administrative fee.
  • 60-733 Garnishment of funds held by financial institution; administrative fee; order of garnishment requirements.
  • 60-734 Order of garnishment when garnishment is to attach earnings; service of process; length of and effect of order; administrative fee; accounting and record.
  • 60-735 Notice to judgment debtor; form and content; right to hearing; burden of proof.
  • 60-736 Answer of garnishee; attachment of intangible property other than earnings.
  • 60-737 Same; garnishment attaching earnings; contents.
  • 60-738 Same; reply; notification and hearing; burden of proof.
  • 60-739 Garnishee's payment to the judgment creditor; refund of overpayment; release of funds; nonliability of garnishee.
  • 60-740 Payment of earnings to judgment debtors and creditors.
  • 60-740a Repealed.
  • 60-741 Failure to answer; motion; hearing; expenses and attorney fees.
  • 60-742 Garnishee's failure or refusal to pay or deliver property; motion; hearing; contempt; fine or order against garnishee.
  • 60-743 Forms used in garnishment proceedings.
  • 60-744 Act supplemental to civil code.
  • Cross References to Related Sections: Original jurisdiction of supreme court in mandamus, see Kansas Constitution, article 3, § 3; 20-101. Law Review and Bar Journal References: "Mandamus as an Appellate Device," Roger D. Stanton, 18 K.L.R. 383, 384 (1970). "Kansas Property Taxpayer Remedies," Matthew J. Dowd, 11 W.L.J. 65, 69 (1971). Mandamus mentioned as a possible method of affirmatively enforcing the Kansas open meetings act (K.S.A. 75-4317 et seq.), Jerry L. Harper, 43 J.B.A.K. 257, 302 (1974).
  • 60-801 Nature of mandamus.
  • 60-802 Procedure for relief.
  • 60-803 Penalty for disobedience.
  • Law Review and Bar Journal References: Survey of labor law, Robert J. Fowks, 12 K.L.R. 281, 284 (1963). Injunction mentioned as a possible method of affirmatively enforcing the Kansas open meetings act (K.S.A. 75-4317 et seq.), Jerry L. Harper, 43 J.B.A.K. 257, 302 (1974). "Kansas Diversion: Defendant's Remedies and Prosecutorial Opportunities," Joseph Brian Cox, 20 W.L.J. 344, 351 (1981). "The Kansas Uniform Fraudulent Transfer Act," Leon B. Graves, 68 J.K.B.A. No. 6, 34 (1999).
  • 60-901 Nature of injunction.
  • 60-902 Provisional remedies; when granted.
  • 60-903 Temporary restraining order.
  • 60-904 Disputes concerning employment.
  • 60-905 Temporary injunction; notice, hearing and bond.
  • 60-906 Form and scope of order.
  • 60-907 Illegal acts of public officers.
  • 60-908 Abatement of common nuisance.
  • 60-909 Penalty for disobedience.
  • 60-910 Vacating or modifying order.
  • Cross References to Related Sections: Statutes of limitation, see 60-501 et seq. Law Review and Bar Journal References: Survey of real property and future interests, James K. Logan, 12 K.L.R. 305, 307 (1963). CASE ANNOTATIONS 1. When cotenant may receive reimbursement for property improvements based on amount property value increased examined. Denton v. Lazenby, 255 K. 860, 863, 879 P.2d 607 (1994).
  • 60-1001 Actions for possession; ejectment.
  • 60-1002 Quieting or determining title or interest in property.
  • 60-1003 Partition.
  • 60-1004 Occupying claimants.
  • 60-1005 Replevin; procedure; orders; execution; judgment.
  • 60-1006 Foreclosure of security interest; procedure; orders; execution; judgment.
  • 60-1007 Same; sale of property to satisfy judgment.
  • 60-1008 Same; return; confirmation of sale.
  • 60-1009 Same; application of proceeds.
  • 60-1010 Same; act supplemental to civil code.
  • 60-1011 Equity skimming; damage, costs, fees.
  • Cross References to Related Sections: Liens on personal property, see 58-201 et seq. Recordation of instruments affecting real estate, see 58-2221 through 58-2224. Expedited process for determination of validity of liens, see 58-4301. Law Review and Bar Journal References: Discussion of developments in debtor-creditor law between 1965 and 1969, Robert B. Morton, 18 K.L.R. 351, 370, 371, 372 (1970).
  • 60-1101 Liens of contractors; priority.
  • 60-1101a Repealed.
  • 60-1102 Filing and recording of lien statement; notice of extension.
  • 60-1103 Liens of suppliers and subcontractors; procedure, recording and notice; owner's liability; notice of extension.
  • 60-1103a Subcontractors' liens; improvement of residential property.
  • 60-1103b Subcontractors' liens; new residential property.
  • 60-1104 Assignment.
  • 60-1105 Limitations and amendment.
  • 60-1106 Parties.
  • 60-1107 Stay of proceedings.
  • 60-1108 Action by landowner for adjudication, cancellation.
  • 60-1109 Pro rata distribution.
  • 60-1110 Bond to secure payment of claims.
  • 60-1111 Public works bond.
  • 60-1112 Certificate of deposit authorized for state capital improvement projects.
  • Cross References to Related Sections: Original jurisdiction of supreme court in quo warranto, Kansas Constitution, article 3, § 3; 20-101. Quo warranto action by attorney general to revoke or forfeit corporation's articles of incorporation, see 17-6812.
  • 60-1201 Proceedings for relief.
  • 60-1202 Jurisdiction and grounds.
  • 60-1203 Name in which action prosecuted; damages.
  • 60-1204 Judgments.
  • 60-1205 Grounds for forfeiture of public office.
  • 60-1206 Instituting ouster proceedings.
  • 60-1207 Suspension of officer during hearing.
  • 60-1208 Witnesses.
  • Cross References to Related Sections: Appointment of custodian or receiver for corporation, see 17-6516. Trustees or receivers for dissolved corporations, see 17-6808 through 17-6810. Appointment, powers and duties of receivers and trustees under corporation code, see chapter 17, article 69. Appointment of provisional director for close corporation, see 17-7213. Law Review and Bar Journal References: Discussion of developments in debtor-creditor law between 1965 and 1969, Robert B. Morton, 18 K.L.R. 351, 382 (1970). "Right of Redemption of Real Property in Kansas," Roger L. Hiatt, 10 W.L.J. 285, 291 (1971). "Alternate Methods of Financing the Sale and Purchase of Single Family Residences; Representing the Buyer and the Seller," Peter M. DiGiovanni, 50 J.K.B.A. 179, 190 (1981). "The Kansas Uniform Fraudulent Transfer Act," Leon B. Graves, 68 J.K.B.A. No. 6, 34 (1999). Attorney General's Opinions: Liability of receiver of failed bank for personal property taxes. 87-32.
  • 60-1301 Appointment.
  • 60-1302 Oath and bond.
  • 60-1303 Powers.
  • 60-1304 Petition for appointment; specifications; notice; bond; application to nonresidents.
  • 60-1305 Appeal.
  • 60-1401 Jurisdiction and costs.
  • 60-1402 Change of name of person; notice; order.
  • 60-1403 Municipalities.
  • Cross References to Related Sections: Original jurisdiction of supreme court in habeas corpus, see Kansas Constitution, article 3, § 3; 20-101. Right to writ of habeas corpus, see Kansas Constitution, Bill of Rights, § 8. Law Review and Bar Journal References: Mentioned in strengthening procedural requirements for habeas corpus "Highlights of the Kansas Code of Civil Procedure (1963)," Spencer A. Gard, 2 W.L.J. 199, 203 (1962). "Habeas Corpus: A New Look at Fourth Amendment Claims," Richard A. Boeckman, 16 W.L.J. 528, 529 (1977). "Election of Remedies in Multistate Child Custody Disputes: Writ of Habeas Corpus or Filing and Enforcement of Foreign Custody Pursuant to the Uniform Child Custody Jurisdiction Act," Michael Laster, Vol. X, No. 2, J.K.T.L.A. 15 (1986).
  • 60-1501 Jurisdiction and right to writ; time limitations.
  • 60-1502 Petition.
  • 60-1503 The writ.
  • 60-1504 Answer.
  • 60-1505 Hearing.
  • 60-1506 Warrant in aid of writ.
  • 60-1507 Prisoner in custody under sentence; motion attacking sentence, hearing and judgment; time limitations.
  • Revisor's Note: The Judicial Council published comments on a preliminary draft of this article in the December, 1980, Judicial Council Bulletin. Cross References to Related Sections: Marriage, generally, see 23-101 et seq. Married persons, generally, see 23-201 et seq. Premarital examinations and tests, see 23-301 et seq. Statistics on divorce and annulment, see 65-2422b. Release of certain liens on real property resulting from judgments or decrees of divorce, see 60-2204. Enforcement of support, see 23-492 et seq. Uniform interstate family support act, see 23-9,101 et seq. Protection From Abuse Act, see 60-3101 et seq. Law Review and Bar Journal References: "Highlights of the Kansas Code of Civil Procedure (1963)," Spencer A. Gard, 2 W.L.J. 199, 202 (1962). "Divorce Under the New Code," Dan Hopson, Jr., 33 J.B.A.K. 165 (1964). Detailed discussion in survey of Kansas family law, Harvey S. Berenson, 17 K.L.R. 349 (1969). "In the Best Interests of the Divided Family: An Analysis of the 1982 Amendments to the Kansas Divorce Code," Nancy G. Maxwell, 22 W.L.J. 177 (1983). "Reform in Kansas Domestic Violence Legislation," David J. Gottlieb and L. Eric Johnson, 31 K.L.R. 527, 576, 577 (1983). "Where Will All The Children Go: The New Kansas Preference For Joint Custody," Judith E. Pottorff, 32 K.L.R. 215, 222 (1983). "Survey of Kansas Law: Family Law," Nancy G. Maxwell, 32 K.L.R. 543, 544, 546 (1984). "New Child Support Legislation—1985," Kay Billeaux, 55 J.K.B.A. No. 2, 12 (1986). "Divorce Law: Lis Pendens, Judgment Liens, Homestead Exemptions, and Bankruptcy," John C. Peck, Shala M. Bannister and W. Thomas Gilman, 60 J.K.B.A. No. 2, 25 (1991). "Court makes special requirements for GALs," Jason Oldham, 66 J.K.B.A. No. 8, 15 (1997). "Dissolution of Non-Marital Relationships," Charles F. Harris, J.K.T.L.A. Vol. XXII, No. 2, 18 (1998).
  • 60-1601 Transferred.
  • 60-1602 Transferred.
  • 60-1603 Transferred.
  • 60-1604 Transferred.
  • 60-1605 Transferred.
  • 60-1606 Transferred.
  • 60-1607 Transferred.
  • 60-1608 Repealed.
  • 60-1609 Transferred.
  • 60-1610 Repealed.
  • 60-1610a Repealed.
  • 60-1611 Repealed.
  • 60-1612 Repealed.
  • 60-1613 Repealed.
  • 60-1614 Transferred.
  • 60-1615 Transferred.
  • 60-1616 Repealed.
  • 60-1617 Transferred.
  • 60-1618 Transferred.
  • 60-1619 Repealed.
  • 60-1620 Transferred.
  • 60-1621 Transferred.
  • 60-1621a Repealed.
  • 60-1622 Transferred.
  • 60-1622a Transferred.
  • 60-1623 Transferred.
  • 60-1624 Transferred.
  • 60-1625 Transferred.
  • 60-1626 Transferred.
  • 60-1627 Transferred.
  • 60-1628 Transferred.
  • 60-1629 Transferred.
  • 60-1630 Transferred.
  • Cross References to Related Sections: Procedure for obtaining, see 60-257. Law Review and Bar Journal References: "Some Comments on the New Code of Civil Procedure," Emmet A. Blaes, 12 K.L.R. 75, 79 (1963). Declaratory judgment mentioned as a possible aid in enforcement of the Kansas open meetings act (K.S.A. 75-4317 et seq.), 43 J.B.A.K. 257 (1974). "Railroad Right of Way: The Real Property Interest in Kansas," Tim Pittman, 25 W.L.J. 327, 346 (1986).
  • 60-1701 Jurisdiction; generally.
  • 60-1702 Repealed.
  • 60-1703 Further relief.
  • 60-1704 Power to construe.
  • 60-1705 Same; when.
  • 60-1706 Power to declare rights or legal relations.
  • 60-1707 Enumeration not exclusive.
  • 60-1708 Discretionary judgment.
  • 60-1709 Review.
  • 60-1710 Civil action and determination.
  • 60-1711 Costs.
  • 60-1712 Parties.
  • 60-1713 Construction.
  • 60-1714 Definitions.
  • 60-1715 Severability.
  • 60-1716 Uniformity of interpretation.
  • Law Review and Bar Journal References: Mentioned in article on comparative negligence, Henry Woods, 14 W.L.J. 1, 10 (1975). "Survey of Kansas Law: Family Law," Nancy G. Maxwell, 32 K.L.R. 543, 585 (1984).
  • 60-1801 Survival of actions; what causes of action survive.
  • 60-1802 Abatement.
  • 60-1803 Abatement exceptions; libel or slander at a funeral.
  • Law Review and Bar Journal References: "Survival of Actions and Wrongful Death," Lawrence E. Curfman, 12 K.L.R. 21 (1963). Survey of law of damages, David Prager, 12 K.L.R. 199, 203, 204 (1963). Quoted, discussed and compared to prior law in "A Commentary on the Kansas Wrongful Death Act," Robert C. Casad, 13 K.L.R. 515 (1965). "Wrongful Death and the Choice-of-Law Problem," Edward G. Collister, Jr., 13 K.L.R. 529 (1965). Article discussed in comment on recovery for decedent's loss of earnings for tortious death, 13 W.L.J. 174, 176 (1974). Article on comparative negligence, Henry Woods, 14 W.L.J. 10 (1975). "Comparative Negligence—A Look at the New Kansas Statute," James F. Davis, 23 K.L.R. 113, 126 (1974). "Torts—Interspousal Immunity in Kansas: A Vestige of a Bygone Era—Guffy v. Guffy," Catherine Hauber, 30 K.L.R. 611, 618 (1982). "A Century of Change: Liability for Prenatal Injuries," Kathleen A. Gormley, 22 W.L.J. 268, 278 (1983). "Surrogate Motherhood: Contractual Issues and Remedies Under Legislative Proposals," David K. Martin, 23 W.L.J. 601, 632, 633 (1984). "A Plain English Approach to Loss of Future Earning Capacity," Evelyn Esther Zabel, 24 W.L.J. 253, 256 (1985). "Survey of Kansas Law: Torts," William Edward Westerbeke, 33 K.L.R. 1, 59 (1984). "Punitive Damages in Wrongful Death Actions: How Will Kansas Respond?" Michael D. Moeller, 39 K.L.R. 199, 200 (1990). "Recovery by Stepchildren in Wrongful Death Actions," Robyn L. Meadows, 40 K.L.R. 777 (1992).
  • 60-1901 Cause of action.
  • 60-1902 Plaintiff.
  • 60-1903 Amount of damages; jury instructions; itemized verdict.
  • 60-1904 Elements of damage.
  • 60-1905 Apportionment of recovery.
  • 60-1906 Wrongful life or wrongful birth claims; prohibited.
  • Law Review and Bar Journal References: "Testing the Constitutionality of Tort Reform with a Quid Pro Quo Analysis: Is Kansas' Judicial Approach an Adequate Substitute for a More Traditional Constitutional Requirement?" Jeffrey P. DeGraffenreid, 31 W.L.J. 314, 335 (1992). "Medical Malpractice in the 1990s: A Review of Changes in the Last Decade," Michael Sexton and Mark Sachse, J.K.T.L.A. Vol. XV, No. 4, 10, 12 (1992). "Statutes of Limitation, Statutes of Repose and Continuing Duties under the Kansas Product Liability Act," Steve R. Fabert, 36 W.L.J. 367 (1997).
  • 60-19a01 Personal injury action defined; limitation established; itemization of verdict; no jury instruction on limitation to be given; wrongful death limitation not affected; application limited.
  • 60-19a02 Personal injury action defined; limitation established; itemization of verdict; no jury instruction on limitation to be given; wrongful death limitation not affected; limited to actions accruing on or after July 1, 1988.
  • Cross References to Related Sections: See also particular actions and proceedings. Fees authorized only by legislative enactment, see 28-177.
  • 60-2001 Docket fee; authorized only by legislative enactment; poverty affidavit, court review; disposition of fees; additional costs; certain sheriff's charges prohibited.
  • 60-2001a Repealed.
  • 60-2001b Repealed.
  • 60-2002 Taxation of costs.
  • 60-2003 Items allowable as costs.
  • 60-2004 Payment of costs not acquiescence in judgments so as to prevent appeals.
  • 60-2005 Municipalities exempt from depositing court costs; exceptions.
  • 60-2006 Attorney fees taxed as costs in certain actions involving negligent motor vehicle operation.
  • 60-2007 Repealed.
  • 60-2008 Dispositive motion fee; authorized only by legislative enactment; exemptions.
  • Law Review and Bar Journal References: "Highlights of the Kansas Code of Civil Procedure (1963)," Spencer A. Gard, 2 W.L.J. 199, 202 (1962). "Appellate Court Jurisdiction: An Update," Debra S. Byrd, 58 J.K.B.A. No. 1, 21, 23 (1989). CASE ANNOTATIONS 1. Cited; while not specifically provided for, successful appellee in small claims case (61-2701 et seq.) allowed reasonable attorney fee on final appeal. Vogel v. Haynes, 11 K.A.2d 454, 457, 730 P.2d 1096 (1986).
  • 60-2101 Appellate jurisdiction of court of appeals and supreme court; appeal of order of political or taxing subdivision.
  • 60-2102 Appeals to the court of appeals and supreme court.
  • 60-2102a Repealed.
  • 60-2103 Appellate procedure.
  • 60-2103a Appeals from district magistrate judges not regularly admitted to practice law.
  • 60-2104 Contents and preparation of record.
  • 60-2105 Technical and inadvertent errors.
  • 60-2106 Appellate court decisions; school finance issues, limitations.
  • 60-2107 Costs.
  • Cross References to Related Sections: Expedited process for determination of validity of liens, see 58-4301. Law Review and Bar Journal References: Survey of real property and future interests, James K. Logan, 12 K.L.R. 305, 307 (1963). Survey of debtor-creditor law, Robert B. Morton, 12 K.L.R. 211, 236 (1963). "The Effect of the New Code on Title Examinations," J. B. McKay, 33 J.B.A.K. 173, 174 (1964). "Divorce Law: Lis Pendens, Judgment Liens, Homestead Exemptions, and Bankruptcy," John C. Peck, Shala M. Bannister and W. Thomas Gilman, 60 J.K.B.A. No. 2, 25, 26, 27, 28, 30, 31 (1991).
  • 60-2201 Pendency of action as notice; lis pendens.
  • 60-2202 Judgment liens.
  • 60-2203 Repealed.
  • 60-2203a Notice of pendency of certain actions; liens; release; fees; authorized only by legislative enactment.
  • 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.
  • Law Review and Bar Journal References: Survey of debtor-creditor law, Robert B. Morton, 12 K.L.R. 211, 232 (1963). "Attachment or Garnishment of Jointly Held Bank Accounts," Clarence Koch, 7 W.L.J. 51 (1967). "Exemption Laws in Kansas: Recent Amendments and Bankruptcy Estate Planning," Mark A. Andersen, 38 K.L.R. 143, 148, 155 (1989). "Title and Related Considerations in Conveying Kansas Water Rights," John C. Peck, 66 J.K.B.A. No. 9, 38 (1997).
  • 60-2301 Homestead; extent of exemption.
  • 60-2302 Designation of homestead.
  • 60-2303 Contract for conveyance of homestead.
  • 60-2304 Personal property; articles exempt.
  • 60-2305 Repealed.
  • 60-2306 Not exempt from taxes.
  • 60-2307 Not exempt for wages.
  • 60-2308 Pension and retirement money exempt, exception; family postsecondary education savings account money exempt, exception; support money held by the Kansas department for children and families exempt.
  • 60-2309 Wages earned in another state.
  • 60-2310 Wage garnishment; definitions; restrictions, exceptions; sickness preventing work; assignment of account; prohibition on courts.
  • 60-2311 Discharge of employee due to wage garnishment prohibited.
  • 60-2312 No right to elect exemptions under federal law, exception.
  • 60-2313 Exemptions from legal process.
  • 60-2314 Same; municipal, county and state property.
  • 60-2315 Bankruptcy proceedings; earned income tax credits.
  • Cross References to Related Sections: Foreclosure of security interest, see 60-1006 through 60-1009. Law Review and Bar Journal References: "Some Comments on the New Code of Civil Procedure," Emmet A. Blaes, 12 K.L.R. 75, 81 (1963).
  • 60-2401 Writ of execution.
  • 60-2402 Multiple executions.
  • 60-2403 Judgment, when dormant; release of record; child support judgments after July 1, 2007, never dormant; court costs, fees, fines and restitution judgments after July 1, 2015, never dormant.
  • 60-2403a Repealed.
  • 60-2404 Revivor of dormant judgment.
  • 60-2405 Substitution of judgment creditor.
  • 60-2406 Sale subject to liens.
  • 60-2407 Levy on property claimed by third person.
  • 60-2408 Forthcoming bond.
  • 60-2409 Notice of sale of personal property; resale.
  • 60-2410 Sale of real property under execution.
  • 60-2411 Printer's fees advanced.
  • 60-2412 Restriction on purchasers.
  • 60-2413 Contribution between joint obligors.
  • 60-2414 Redemption of real property.
  • 60-2415 Sheriff's return of sale.
  • 60-2416 Sheriff's deed as evidence of legality; sufficiency of order.
  • 60-2417 Executions in special cases.
  • 60-2418 Judgment liens; revival of judgment.
  • 60-2419 Proceedings in aid of execution.
  • 60-2420 General execution; notice.
  • Cross References to Related Sections: Lost pleadings, see 60-207(d).
  • 60-2501 Restoration of records and papers lost or destroyed.
  • 60-2502 Application for restoration.
  • 60-2503 Notice of hearing of application.
  • 60-2504 Reopening proceedings.
  • 60-2505 Records affecting titles ceasing to impart notice.
  • 60-2506 Remedies deemed cumulative.
  • 60-2601 Duties of court clerk.
  • 60-2601a Computer information storage and retrieval system.
  • 60-2602 Duties of sheriff; endorsement of time.
  • 60-2603 Deputies.
  • 60-2604 Amercement of officers.
  • 60-2605 Affirmation in lieu of oath.
  • 60-2606 Availability of other relief.
  • 60-2607 Repealed.
  • 60-2608 Effect on pending actions.
  • 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.
  • 60-2610 Civil liability for worthless check.
  • 60-2611 Civil action to collect on check or order; reasonable attorney fees assessed as costs.
  • 60-2612 through 60-2615 Reserved.
  • 60-2616 Repealed.
  • 60-2617 Sealing or redacting court records; closing a court proceeding; motion; notice; hearing; exceptions.
  • 60-2618 Severability.
  • Revisor's Note: Rules of the supreme court are now published by the Supreme Court Reporter, Kansas Judicial Center, 301 West 10th, Topeka, Kansas 66612-1507.
  • 60-2801 Settlement or release of liability; limitations; disavowal of agreement.
  • 60-2802 Same; applicability of act.
  • 60-2803 Satisfaction and release of judgment; filing, when required.
  • Law Review and Bar Journal References: "Kansas' New Foreign Judgments Act," Robert Fowks, 40 J.B.A.K. 187 (1971). "Survey of Kansas Law: Civil Procedure," 29 K.L.R. 449, 458, 470 (1981). "Is Kansas Probate Non Claim Statute Unconstitutional?" John F. Kuether, 54 J.K.B.A. 115, 129 (1985). "Kansas Enacts New Provisions for Child Support Enforcement—Mandatory Wage Withholding," Yvonne C. Anderson, Richard A. Forster, 25 W.L.J. 91, 102 (1985). CASE ANNOTATIONS 1. Action to enforce Minnesota judgment under this act. Johnson Brothers Wholesale Liquor Co. v. Clemmons, 233 K. 405, 661 P.2d 1242 (1983).
  • 60-3001 Foreign judgment, defined.
  • 60-3002 Filing and status of foreign judgments.
  • 60-3003 Notice of filing of foreign judgment.
  • 60-3004 Same; stay of enforcement, when.
  • 60-3005 Foreign judgment, filing; court fees.
  • 60-3006 Same; optional procedure.
  • 60-3007 Uniformity of interpretation.
  • 60-3008 Citation of act.
  • 60-3009 through 60-3019 Reserved.
  • 60-3020 Tribal courts; full faith and credit; filing; court fees.
  • Law Review and Bar Journal References: "Reform in Kansas Domestic Violence Legislation," David J. Gottlieb and L. Eric Johnson, 31 K.L.R. 527, 529, 558, 570, 577 (1983). "Survey of Kansas Law: Family Law," Nancy G. Maxwell, 32 K.L.R. 543, 593 (1984). "Criminal Law: The Kansas Approach to the Battered Woman's Use of Self-Defense [State v. Hundley, 236 Kan. 461, 693 P.2d 475 (1985)]," Shelley A. Ryan, 25 W.L.J. 174, 180 (1985). "Survey of Kansas Law: Family Law," Nancy G. Maxwell, 37 K.L.R. 801, 838 (1989). "Rendering Each Woman Her Due: Can a Battered Woman Claim Self-Defense When She Kills Her Sleeping Batterer?" M.J. Willoughby, 38 K.L.R. 169, 170 (1989). "Abortion: The Clash of Absolutes. By Laurence H. Tribe. New York, W.W. Norton & Co., Inc. 1990," Reviewed by Pat Goodson, 30 W.L.J. 68, 70 (1990). "The Kansas Stalking Law: A 'Credible Threat' to Victims. A Critique of the Kansas Stalking Law and Proposed Legislation," Callie Anderson Marks, 36 W.L.J. 468 (1997). "Dissolution of Non-Marital Relationships," Charles F. Harris, J.K.T.L.A. Vol. XXII, No. 2, 18 (1998). "Slipping Through the Cracks: Kansas Protection Order Procedures are Not Protecting Victims of Domestic Violence," Carolyn A. Smith, 60 W.L.J. 167 (2020). Attorney General's Opinions: Domestic violence matters; written policies adopted by law enforcement agencies; protection from abuse act. 92-34. CASE ANNOTATIONS 1. The protection from abuse act should be construed liberally 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. J.B.B. v. J.L.B., 60 K.A.2d 310, 317, 495 P.3d 1036 (2021).
  • 60-3101 Citation and construction of act.
  • 60-3102 Definitions.
  • 60-3103 Jurisdiction.
  • 60-3104 Commencement of proceedings; persons seeking relief on behalf of minor child; forms; no docket fee; confidentiality of certain matters, exceptions.
  • 60-3105 Emergency relief.
  • 60-3106 Hearings; temporary orders pending hearing, modification.
  • 60-3107 Protection from abuse orders; procedure; modifications; inconsistent orders; limitations on time of extension of orders; violation of orders; criminal violations and penalties.
  • 60-3107a Repealed.
  • 60-3108 Notice of protection orders.
  • 60-3109 Procedure.
  • 60-3110 Contempt.
  • 60-3111 Repealed.
  • 60-3112 Entering protection orders into the national criminal information center protection order file.
  • 60-31a01 Citation and construction of act.
  • 60-31a02 Definitions.
  • 60-31a03 Jurisdiction.
  • 60-31a04 Commencement of proceedings; persons seeking relief on behalf of minor; forms; no docket fee; confidentiality exceptions.
  • 60-31a05 Hearing; temporary orders pending hearing.
  • 60-31a06 Orders; limitations on time of orders; extension of orders; amendments; costs.
  • 60-31a07 Notice of protection orders.
  • 60-31a08 Procedure.
  • 60-31a09 Contempt.
  • 60-31b01 Short title.
  • 60-31b02 Definitions.
  • 60-31b03 Judicial enforcement of order.
  • 60-31b04 Nonjudicial enforcement of order.
  • 60-31b05 Registration of order.
  • 60-31b06 Immunity.
  • 60-31b07 Other remedies.
  • 60-31b08 Uniformity of application and construction.
  • 60-31b09 Severability clause.
  • 60-31b10 Application of orders.
  • Law Review and Bar Journal References: "Bad Faith Revisited: An Examination of Tort Law Remedies for Commercial Contract Disputes," Craig A. Hunt, 34 K.L.R. 315, 320 (1985).
  • 60-3201 Power to answer.
  • 60-3202 Method of invoking.
  • 60-3203 Contents of certification order.
  • 60-3204 Preparation of certification order.
  • 60-3205 Costs of certification.
  • 60-3206 Briefs and argument.
  • 60-3207 Opinion.
  • 60-3208 Power to certify.
  • 60-3209 Procedure on certifying.
  • 60-3210 Severability.
  • 60-3211 Construction.
  • 60-3212 Short title.
  • Law Review and Bar Journal References: "Out-of-Court Resolution of Product Liability Claims," Paul S. McCausland, J.K.T.L.A. Vol. XVIII, No. 4, 14, 15 (1995). "Statutes of Limitation, Statutes of Repose and Continuing Duties under the Kansas Product Liability Act," Steve R. Fabert, 36 W.L.J. 367 (1997).
  • KANSAS PRODUCT LIABILITY ACT 60-3301 Short title.
  • 60-3302 Definitions.
  • 60-3303 Useful safe life ten-year period of repose; evidence; latent disease exception; reviving certain causes of action.
  • 60-3304 Legislative regulatory standards or administrative regulatory safety standards or mandatory government contract specifications; defenses.
  • 60-3305 Manufacturer's or seller's duty to warn or protect against danger, when.
  • 60-3306 Seller not subject to liability, when.
  • 60-3307 Inadmissible evidence.
  • 60-3308 through 60-3319 Reserved.
  • UNIFORM TRADE SECRETS ACT 60-3320 Definitions.
  • 60-3321 Misappropriation of trade secret; injunctive or other protective relief.
  • 60-3322 Same; damages.
  • 60-3323 Award of attorney fees, when.
  • 60-3324 Preservation of trade secret during action.
  • 60-3325 Time limit for bringing action.
  • 60-3326 Application of act.
  • 60-3327 Uniformity of act.
  • 60-3328 Title of act.
  • 60-3329 Severability of provisions of act.
  • 60-3330 Act not retroactive.
  • ACTIONS INVOLVING SHOPLIFTING 60-3331 Civil penalty against shoplifter; parental liability for minor; amount; attorney fees and costs; demand for reimbursement; other remedies not precluded.
  • ENVIRONMENTAL AUDITS; PRIVILEGE AND IMMUNITY 60-3332 Definitions.
  • 60-3333 Environmental audit report; privilege; admissibility of report's contents; exceptions; burden to establish applicability of privilege.
  • 60-3334 Same; waiver of privilege; exceptions; burden of proof; review; return of report.
  • 60-3335 Repealed.
  • 60-3336 Same; information not subject to privilege; agreement to conduct environmental audit; disclosure of environmental audit report.
  • 60-3337 Statutory and common-law privileges not affected.
  • 60-3338 Rebuttable presumption of immunity for voluntary disclosure of environmental law violation, when; burden of proof; authority to require action or seek relief; immunity; limitations; good faith effort to voluntarily disclose violation; abrogation.
  • 60-3339 Compliance with act shall be considered by tribunal in determining penalties.
  • 60-3340 through 60-3350 Reserved.
  • INSURANCE COMPLIANCE SELF-EVALUATIVE AUDITS; PRIVILEGE AND IMMUNITY 60-3351 Insurance compliance self-evaluative privilege.
  • 60-3352 Same; in camera review; effect on admissibility of documents.
  • 60-3353 Same; in camera review; procedure.
  • 60-3354 Same; assertion of privilege; burden of proof.
  • 60-3355 Same; affect on certain information and documents.
  • 60-3356 Same; definitions.
  • 60-3357 Same; applicability.
  • 60-3358 Same; affect on other privileges.
  • 60-3401 Expired.
  • 60-3402 Expired.
  • 60-3403 Repealed.
  • 60-3404 Expiration of act.
  • 60-3405 Findings and purpose.
  • 60-3406 Definitions.
  • 60-3407 Expired.
  • 60-3408 Verdict; period for payment for future losses.
  • 60-3409 Repealed.
  • 60-3410 Application of K.S.A. 60-3406 through 60-3408.
  • 60-3411 Repealed.
  • 60-3412 Expert witnesses, qualifications.
  • 60-3413 Settlement conference.
  • 60-3414 Severability.
  • Law Review and Bar Journal References: "A Practitioner's Guide to Tort Reform of the 80's: What Happened and What's Left after Judicial Scrutiny," Jerry R. Palmer and Martha M. Snyder, 57 J.K.B.A. No. 9, 21, 27 (1988).
  • 60-3501 Definitions.
  • 60-3502 Convening of screening panel; selection of members; list of professional licensees maintained by state agency.
  • 60-3503 Same; notice to parties; designation or selection of professional licensee.
  • 60-3504 Organization and conduct of meetings; rules by supreme court.
  • 60-3505 Recommendations on issue; concurring and dissenting opinions; notice to parties; copy of opinion to judge; admissibility of screening panel report and subpoena of panel members in subsequent legal proceedings.
  • 60-3506 Party may file action upon rejecting panel's determination.
  • 60-3507 Immunity of members from damages.
  • 60-3508 Compensation and expenses of professional licensee members; payment by parties.
  • 60-3509 Tolling of statute of limitations.
  • Attorney General's Opinions: Immunity from liability for volunteers of certain nonprofit organizations; limitations. 94-58.
  • 60-3601 Immunity from liability for volunteers of certain nonprofit organizations, limitations.
  • 60-3602 through 60-3605 Reserved.
  • 60-3606 Definitions.
  • 60-3607 Immunity from liability for athletic officials in the course of officiating.
  • 60-3608 through 60-3610 Reserved.
  • 60-3611 Immunity from liability for volunteers of certain nonprofit homeowners organizations; limitations.
  • 60-3612, 60-3613 Reserved.
  • 60-3614 Immunity from liability for offenders performing community service work; limitations.
  • Law Review and Bar Journal References: "Legislative Policing of Judicial Power," Ron Smith, 60 J.K.B.A. No. 10, 23 (1991). "Smith v. Printup—The Continuing Demise of Punitive Damages in Kansas," Judge Tom Malone, J.K.T.L.A. Vol. XVII, No. 5, 9, 10, 11 (1994). "Statutes of Limitation, Statutes of Repose and Continuing Duties under the Kansas Product Liability Act," Steve R. Fabert, 36 W.L.J. 367 (1997). "Addressing the Consumer's Worst Nightmare: Toward a More Expansive Development of the Law of Tortious Fraud and Deceptive Practices in Kansas," Ellen Byers, 38 W.L.J. 455 (1999).
  • 60-3701 Punitive and exemplary damages; separate proceeding for determination of amount; considerations; limitations; maximum amount of award; application limited.
  • 60-3702 Same; trier of fact determines whether damages allowed; separate proceeding for determination of amount; considerations; limitations; maximum amount of award.
  • 60-3703 Filing an amended pleading to claim punitive damages.
  • Law Review and Bar Journal References: "More Goo For Our Tort Stew: Implementing the Kansas Collateral Source Rule," James Concannon and Ron Smith, 58 J.K.B.A. No. 2, 19, 23, 28 (1989). "The Medical Malpractice Insurance 'Crisis': Did Kansas Tort Reform Really Work?" Bryan W. Smith, 31 W.L.J. 106, 118, 119 (1991). "Legislative Policing of Judicial Power," Ron Smith, 60 J.K.B.A. No. 10, 23 (1991). "Medical Malpractice in the 1990s: A Review of Changes in the Last Decade," Michael Sexton and Mark Sachse, J.K.T.L.A. Vol. XV, No. 4, 10, 12 (1992). "The Kansas Legislature's Attempt to Abrogate the Collateral Source Rule: Three Strikes and They're Out?" Christopher J. Eaton, 42 K.L.R. 913, 919 (1994). "The Collateral Source Rule and Its Abolition: An Economic Perspective," Kevin S. Marshall, Patrick W. Fitzgerald, 15 Kan. J.L. & Pub. Pol'y, No. 1, 57 (2005).
  • 60-3801 Repealed.
  • 60-3802 Repealed.
  • 60-3803 Repealed.
  • 60-3804 Repealed.
  • 60-3805 Repealed.
  • 60-3806 Repealed.
  • 60-3807 Repealed.
  • 60-3901 Standards of liability of certified public accountants and attorneys to financial institutions.
  • 60-3902 Same; severability.
  • 60-4001 Definitions.
  • 60-4002 Affirmative defense of assumption of risk.
  • 60-4003 Same; limitations.
  • 60-4004 Posting warning notices, specifications; contract language requirements.
  • Source or prior law: 22-4801 et seq., 65-4135, 65-4136, 65-4156, 65-4172, 65-4173, 65-4174, 65-4175. Law Review and Bar Journal References: "When Good Property goes Bad," Colin D. Wood 70 J.K.B.A. No. 3, 24 (2001). "The Silent War on Individual Property Rights: The Necessary Reform of the Kansas Standard Asset Seizure and Forfeiture Act," Elyssa R. Ellis, 59 W.L.J. 103 (2020). CASE ANNOTATIONS 1. Forfeiture of property under act does not constitute punishment within meaning of double jeopardy clause of constitutions. State v. Yeoman, 24 K.A.2d 639, 641, 951 P.2d 634 (1997).
  • 60-4101 Citation of act.
  • 60-4102 Definitions.
  • 60-4103 Jurisdiction and venue.
  • 60-4104 Covered offenses and conduct giving rise to forfeiture.
  • 60-4104a Repealed.
  • 60-4104b Repealed.
  • 60-4105 Property subject to forfeiture.
  • 60-4106 Exemptions.
  • 60-4107 Seizure of property.
  • 60-4108 Same; management and preservation.
  • 60-4109 Commencement of forfeiture proceedings.
  • 60-4110 Recognition of exemption.
  • 60-4111 Claims.
  • 60-4112 Judicial proceedings, generally.
  • 60-4113 In rem proceedings.
  • 60-4114 In personam proceedings.
  • 60-4115 Substituted assets and supplemental remedies.
  • 60-4116 Judicial disposition of property.
  • 60-4117 Disposition of forfeited property; use of proceeds of sale; tracking and reporting of deposits and expenditures.
  • 60-4118 Powers of enforcement personnel.
  • 60-4119 Immunity orders.
  • 60-4120 Statute of limitations.
  • 60-4121 Summary forfeiture of controlled substances.
  • 60-4122 Collateral action.
  • 60-4123 Statutory construction.
  • 60-4124 Uniformity of application.
  • 60-4125 Severability clause.
  • 60-4126 Placement of act; applicability of rules of evidence.
  • 60-4127 Kansas asset seizure and forfeiture repository; Kansas bureau of investigation, powers and duties; reports by seizing agency; financial reports, compliance.
  • 60-4201 Architects and engineers; immunity from liability in certain circumstances.
  • Cross References to Related Sections: Judgment of restitution, 22-3424 CASE ANNOTATIONS 1. Provisions that allow judge instead of jury to determine damages caused by crime and convert such determination into a civil judgment for the victim are unconstitutional and severed. State v. Arnett, 314 K. 183, 194-5, 496 P.3d 928 (2021). 2. Current structure of criminal restitution violates section 5 of the Kansas constitution bill of rights; remedy is severance of problematic portions of statutes. State v. Robison, 314 K. 245, 256-7, 496 P.3d 89 (2021).
  • 60-4301 Repealed.
  • 60-4302 Repealed.
  • 60-4303 Repealed.
  • 60-4304 Repealed.
  • 60-4305 Repealed.
  • Law Review and Bar Journal References: "Recent Developments in Kansas Bioethics Law: The Kansas Prevention of Assisted Suicide Act," Kevin J. Breer and Cherie Leigh Durst, 38 W.L.J. 557 (1999).
  • 60-4401 Citation of act.
  • 60-4402 Definitions.
  • 60-4403 Standard of conduct of licensed health care professional related to assisting suicide; family member conduct; spiritual treatment.
  • 60-4404 Cause of action for injunctive relief against person about to violate assisting suicide law.
  • 60-4405 Cause of action for civil damages against person violating assisting suicide law.
  • 60-4406 Injunctive relief or civil action; attorney fees awarded.
  • 60-4407 Severability clause.
  • 60-4501 Authority to bring certain civil actions against firearms or ammunition manufacturers reserved to state; exception for breach of contract or warranty.
  • 60-4601 Immunity from liability for owners of anhydrous ammonia.
  • Law Review and Bar Journal References: "The Kansas Residential Construction Defect Act: A Schematic Blueprint for Repairs," Wyatt A. Hoch, 74 J.K.B.A. No. 3, 20 (2005). "The Fairness in Private Construction Contract Act: Legislative Fairness or Oxymoron?," Christopher F. Burger, 75 J.K.B.A. No. 5, 22 (2006).
  • 60-4701 Definitions.
  • 60-4702 Filing of action; notice requirements.
  • 60-4703 Application of act.
  • 60-4704 Initial notice of claim; service; response; inspection proposal; settlement offer; offer to remedy; acceptance or rejection of offer; failure to respond.
  • 60-4705 Notice of construction defect to insurer.
  • 60-4706 Notice to potential claimant of contractor's right to offer repair; form.
  • 60-4707 Notice to purchaser of subcontractors.
  • 60-4708 Association actions; property manager actions; unlawful acts.
  • 60-4709 Association action for construction defects in common-interest community; majority vote.
  • 60-4710 Severability clause.
  • 60-4801 Immunity from liability for claims arising out of weight gain or obesity.
  • 60-4802 Severability clause.
  • SILICA AND ASBESTOS CLAIMS ACT 60-4901 Silica and asbestos claims act; definitions.
  • 60-4902 Same; claim requirements.
  • 60-4903 Same; filing of prima facie evidence of claim.
  • 60-4904 Same; preclusion of claims, when.
  • 60-4905 Same; premises owner liability.
  • 60-4906 Same; affect on other laws.
  • 60-4907 Same; burden of proof.
  • 60-4908 Same; applicability of act.
  • 60-4909 Same; severability.
  • 60-4910 Same; preemption by federal law, effect of.
  • 60-4911 Same; citation of act.
  • ASBESTOS TRUST CLAIMS TRANSPARENCY ACT 60-4912 Asbestos trust claims transparency act; citation of act.
  • 60-4913 Same; definitions.
  • 60-4914 Same; duties of plaintiff.
  • 60-4915 Same; filing of asbestos trust claims.
  • 60-4916 Same; discovery.
  • 60-4917 Same; reopening of judgment.
  • 60-4918 Same; applicability of act.
  • 60-5001 Civil action for victims of child pornography.
  • 60-5002 Civil action for victims of terrorism or the furtherance of terrorism or illegal use of weapon of mass destruction.
  • 60-5003 Civil action for victims of human trafficking or commercial sexual exploitation of a child.
  • 60-5004 Civil action for persons who were wrongfully convicted and imprisoned.
  • 60-5005 Abusive website access litigation; action by attorney general or resident of this state; factors and presumptions; attorney fees, costs, sanctions; conditional expiration of section, when.
  • 60-5101 Legislative declaration.
  • 60-5102 Foreign law, legal code and system defined.
  • 60-5103 Ruling or decision by any court, arbitration, tribunal or administrative agency based on foreign law void and unenforceable; when.
  • 60-5104 Contract or contractual provision based on foreign law void and unenforceable; when.
  • 60-5105 Same; choice of jurisdiction; claim of forum non conveniens or related claim.
  • 60-5106 Construction of act; appellate decisions.
  • 60-5107 Same; religious organizations.
  • 60-5108 Inapplicability to certain legal entities.
  • 60-5201 Citation and construction of act.
  • 60-5301 Citation of act.
  • 60-5302 Definitions.
  • 60-5303 Exercise of religion; burden of proof; remedies.
  • 60-5304 Exercise of religion; compelling governmental interest.
  • 60-5305 Construction of act.
  • 60-5306 through 60-5310 Reserved.
  • 60-5311 Exercise of religion by religious student associations; definitions.
  • 60-5312 Same; prohibition on certain actions by postsecondary educational institutions.
  • 60-5313 Same; cause of action.
  • 60-5314 through 60-5319 Reserved.
  • 60-5320 Public speech protection act.
  • 60-5321 Traditional tribal regalia and objects of cultural significance, wearing of.
  • 60-5322 Adoption protection act.
  • 60-5401 Immunity for damage to motor vehicle.
  • 60-5501 Title of act.
  • 60-5502 Definitions.
  • 60-5503 Healthcare provider immunity; COVID-19 public health emergency; exclusions.
  • 60-5504 Immunity for persons or agents thereof conducting business in this state; COVID-19 claims; expiration of section.
  • 60-5505 Immunity related to qualified products; product liability claims; conditions.
  • 60-5506 Covered facilities; affirmative defense to liability in a civil action for COVID-19 claims.
  • 60-5507 Effect of act; limitations.
  • 60-5508 Retroactivity.
  • 60-5601 Fairness in women's sports act; citation of act.
  • 60-5602 Definitions.
  • 60-5603 Composition of athletic teams or sports by biological sex; athletic teams or sports for females not open to males; rules and regulations.
  • 60-5604 Adverse actions against a public educational entity based on compliance with act prohibited.
  • 60-5605 Cause of action for students deprived of athletic opportunity who suffers harm or retaliation; limitations of actions; damages.
  • 60-5606 Severability.
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