Kansas Statutes

Chapter 60: Procedure, Civil

Article 17: Declaratory Judgments

Statutes:

• 60-1701: Jurisdiction; generally.
• 60-1702:
• 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.

• 60-1701: Jurisdiction; generally. Courts of record within their respective jurisdictions shall have power to declare the rights, status, and other legal relations whether or not further relief is, or could be sought. No action or proceeding shall be dismissed or stayed for the sole reason that only declaratory relief has been sought. The declaratory may be either affirmative or negative in nature; and such declarations shall have the force and effect of a final judgment.

        History:   L. 1963, ch. 303, 60-1701; L. 1993, ch. 202, § 1; July 1.

• 60-1702:

        History:   L. 1963, ch. 303, 60-1702; Repealed, L. 1993, ch. 202, § 16; July 1.

• 60-1703: Further relief. Further relief based on a declaratory judgment may be granted whenever necessary or proper. The application shall be by petition to a court having jurisdiction to grant the relief. If the application is sufficient, the court, on reasonable notice, shall require any adverse party whose rights have been adjudicated by the declaratory judgment, to show cause why further relief should not be granted.

        History:   L. 1963, ch. 303, 60-1703; L. 1993, ch. 202, § 8; July 1.

• 60-1704: Power to construe. Any person having an interest under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may seek determination of any question of construction or validity arising under that enactment, document or agreement and may obtain a declaration of rights, status or other legal relations thereunder.

        History:   L. 1993, ch. 202, § 2; July 1.

• 60-1705: Same; when. Any court proceeding under this act may construe a contract in the event of an actual or threatened breach thereof.

        History:   L. 1993, ch. 202, § 3; July 1.

• 60-1706: Power to declare rights or legal relations. Any executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or beneficiary, in the administration of a trust, or of the estate of a decedent, an insolvent, a person under 18 years of age or other person for whom a guardian has been appointed, or any person holding an interest in such trust or estate, may seek and obtain declaration of rights or legal relations to:

        (a)   Ascertain any class of creditors, devisees, legatees, heirs, next of kin or others;

        (b)   direct the executors, administrators, or trustees to do any particular act in their fiduciary capacity or to refrain from doing any act in such capacity; or

        (c)   determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

        History:   L. 1993, ch. 202, § 4; July 1.

• 60-1707: Enumeration not exclusive. The enumeration in K.S.A. 60-1704, 60-1705 and 60-1706 does not limit or restrict the exercise of the general powers conferred in K.S.A. 60-1701, in any proceeding where declaratory relief is sought, in which a judgment will terminate the controversy or remove an uncertainty.

        History:   L. 1993, ch. 202, § 5; July 1.

• 60-1708: Discretionary judgment. The court may decline to render or enter a declaratory judgment where such judgment, if entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

        History:   L. 1993, ch. 202, § 6; July 1.

• 60-1709: Review. All orders and judgments under this act may be reviewed as other orders and judgments as provided in K.S.A. 60-2101 through 60-2103 and amendments thereto.

        History:   L. 1993, ch. 202, § 7; July 1.

• 60-1710: Civil action and determination. When a proceeding under this act involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact in other civil actions in the court in which the proceeding is pending.

        History:   L. 1993, ch. 202, § 9; July 1.

• 60-1711: Costs. In any proceeding under this act the court may make such award of costs as may seem equitable and just.

        History:   L. 1993, ch. 202, § 10; July 1.

• 60-1712: Parties. When declaratory relief is sought, all persons who have or claim any interest which would be affected by the declaration shall be joined as parties who have or claim any interest which would be affected by the declaration, and no declaration shall be binding against persons not so joined as parties to the proceeding. In any proceeding which challenges the validity of a municipal ordinance or franchise, such municipality shall be made a party. If the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general or an assistant attorney general shall also be served with a copy of the proceeding and be entitled to be heard.

        History:   L. 1993, ch. 202, § 11; July 1.

• 60-1713: Construction. This act is remedial in nature and its purpose is to settle and provide relief from uncertainty and insecurity with respect to disputed rights, status and other legal relations and should be liberally construed and administered to achieve that purpose.

        History:   L. 1993, ch. 202, § 12; July 1.

• 60-1714: Definitions. As used in this act, "person" means any person, partnership, limited partnership, joint venture, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.

        History:   L. 1993, ch. 202, § 13; July 1.

• 60-1715: Severability. The several sections and provisions of this act except K.S.A. 60-1701 and K.S.A. 60-1704, and amendments thereto, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the act invalid or inoperative.

        History:   L. 1993, ch. 202, § 14; July 1.

• 60-1716: Uniformity of interpretation. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact similar provisions of the uniform declaratory judgments act, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.

        History:   L. 1993, ch. 202, § 15; July 1.