Kansas Statutes

Chapter 61: Procedure, Civil, For Limited Actions

Article 28: Prefatory

Statutes:

• 61-2801: Title.
• 61-2802: Application of code.
• 61-2803: Supreme court rules.
• 61-2804: Filings.
• 61-2805: Acts by court or judge.
• 61-2806: Construction.

• 61-2801: Title. This act shall be known and may be cited as the code of civil procedure for limited actions.

        History:   L. 2000, ch. 161, § 1; Jan. 1, 2001.

• 61-2802: Application of code. (a) This act may be used to govern the procedure for a civil lawsuit filed in the district court which:

        (1)   Seeks judgment for a debt which is not secured by a lien and arises out of a contract for the providing of goods, services or money, without limitation as to the amount claimed in the lawsuit;

        (2)   seeks judgment for a debt which is secured by a lien and arises out of a contract for the providing of goods, services or money, where the amount claimed in the lawsuit, not counting costs, interest and fees, does not exceed $25,000; or

        (3)   seeks judgment where the claim does not arise out of a contract and the amount claimed in the lawsuit, not counting costs, interest and fees, does not exceed $25,000.

        (b)   The following types of lawsuits may not be filed under this act:

        (1)   Actions against any officers of the state, or any subdivisions thereof, for misconduct in office, except as authorized by the Kansas tort claims act, K.S.A. 75-6101 et seq., and amendments thereto;

        (2)   actions for specific performance of contracts for real estate;

        (3)   actions in which title to real estate is sought to be recovered or in which an interest in real estate, either legal or equitable, is sought to be established, except that nothing in this paragraph shall be construed as limiting the right to bring an action for forcible detainer as provided in K.S.A. 61-3801 through 61-3808, and amendments thereto;

        (4)   actions to foreclose real estate mortgages or to establish and foreclose liens on real estate as provided in article 11 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto;

        (5)   actions for divorce, separate maintenance or custody of minor children;

        (6)   habeas corpus;

        (7)   receiverships;

        (8)   change of name;

        (9)   declaratory judgments;

        (10)   mandamus and quo warranto;

        (11)   injunctions;

        (12)   class actions;

        (13)   rights of majority; and

        (14)   any appeal from an order or ruling of an administrative officer or body.

        History:   L. 2000, ch. 161, § 2; Jan. 1, 2001.

• 61-2803: Supreme court rules. The supreme court of this state shall adopt rules to govern the electronic filing of court matters and the storage of and access by the public to the same and such other matters as is necessary under the code of civil procedure for limited actions.

        History:   L. 2000, ch. 161, § 3; L. 2002, ch. 157, § 2; July 1.

• 61-2804: Filings. Judicial districts in this state may accept for filing under this act lawsuits filed in the same method in which lawsuits are filed prior to the adoption of this act, or filed pursuant to an electronic filing procedure, or a combination of the two, as long as any such filings comply with the rules of the supreme court of this state.

        History:   L. 2000, ch. 161, § 4; Jan. 1, 2001.

• 61-2805: Acts by court or judge. Without regard to whether the word "court" or the word "judge" is used in any provisions of this act, all trials upon the merits shall be conducted in open court and in a regular courtroom within the county if reasonably possible. All other acts or proceedings, including the entry of a ruling or judgment, may be done or conducted by a judge or judge pro tem in chambers, or at such other place within the county as is designated by the judge for the conduct of court business, without the attendance of the clerk or other court officials.

        History:   L. 2000, ch. 161, § 5; Jan. 1, 2001.

• 61-2806: Construction. The provisions of this act shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding.

        History:   L. 2000, ch. 161, § 6; Jan. 1, 2001.