History: L. 2000, ch. 161, § 7; Jan. 1, 2001.
(1) Filing a petition with the clerk of the district court, if service of process is obtained or the first publication is made for service by publication, within 90 days after the petition is filed, except that the court may extend that time an additional 30 days upon a showing of good cause by the plaintiff; or
(2) service of process or first publication, if service of process or first publication is not made within the time specified by provision (1).
(b) If service of process or first publication purports to have been made but is later adjudicated to have been invalid due to any irregularity in form or procedure or any defect in making service, the action shall nevertheless be deemed to have been commenced at the applicable time under subsection (a) if valid service is obtained or first publication is made within 90 days after that adjudication, except that the court may extend that time an additional 30 days upon a showing of good cause by the plaintiff.
(c) An entry of appearance by the defendant shall have the same effect as service of process on the defendant.
(d) The limitation of time for commencing lawsuits pursuant to the code of civil procedure for limited actions shall be as provided in article 5 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, except where a different limitation is specifically provided by statute.
History: L. 2000, ch. 161, § 8; Jan. 1, 2001.
(b) Petitions. A petition shall state the claim or claims which the plaintiff has against the defendant. It shall set forth the current address, phone number, fax phone number and electronic mail address for the plaintiff. If the plaintiff is not represented by an attorney, the petition shall be signed by the plaintiff.
(c) Motions and other papers. An application to the court or judge for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state the particular grounds for the motion, shall set forth the relief or order sought, and shall contain a notice of when the motion is to be heard by the court.
History: L. 2000, ch. 161, § 9; Jan. 1, 2001.
(b) The answer when filed shall state the following:
(1) What the dispute is;
(2) any affirmative defenses the defendant has to the claim; and
(3) the current address, phone number, fax phone number and electronic mail address for the defendant.
(c) If the defendant asserts a counterclaim against the plaintiff in the answer, the plaintiff may file a reply disputing the defendant's counterclaim not later than 10 days after service of the defendant's answer. The plaintiff's reply shall comply with the requirements set forth in subsection (b). If the plaintiff does not file a reply, the plaintiff waives the right to present any dispute to the defendant's counterclaim.
(d) Affirmative defenses are those listed in subsection (c) of K.S.A. 60-208, and amendments thereto.
(e) The date the defendant is required to appear as set forth in the summons may be continued by the court upon request of either party in such manner as the court shall prescribe.
History: L. 2000, ch. 161, § 10; Jan. 1, 2001.
(2) A defendant shall not be estopped from asserting in a subsequent action any claim which such defendant may have against the plaintiff, if such defendant is not required to plead such claim pursuant to this section. Except as provided in subsections (a) and (k), the provisions of K.S.A. 60-213, and amendments thereto, relating to counterclaims and cross-claims, shall apply to proceedings pursuant to the code of civil procedure for limited actions, subject to the provisions of K.S.A. 61-2911, and amendments thereto.
(b) Notwithstanding the provisions of subsection (a), in an action involving a claim governed by K.S.A. 60-258a, and amendments thereto, a party shall state as a counterclaim any claim that party has against any opposing party arising out of the transaction or occurrence that is the subject matter of the claim governed by K.S.A. 60-258a, and amendments thereto.
History: L. 2000, ch. 161, § 11; Jan. 1, 2001.
History: L. 2000, ch. 161, § 12; Repealed, L. 2002, ch. 157, § 20; July 1.
(b) All pleadings other than the petition, motions which cannot be heard ex parte, notices, and orders which are required by their terms to be served, shall be served upon the party's attorney of record, if the party is represented by an attorney, or upon the party if not represented by an attorney, in the following manner:
(1) By delivering a copy;
(2) by mailing a copy by first-class mail, certified mail or registered mail to the last known address; or
(3) if no address is known, by leaving a copy with the clerk of the court. For the purposes of this subsection, delivering a copy means: Handing it to the attorney or to the party; leaving it at the attorney's or party's office with the person in charge thereof or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the attorney's or party's office is closed or the person to be served has no office, leaving it at the attorney's or party's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing. All such pleadings, motions, notices and orders covered by this subsection shall be filed with the court either before service or within a reasonable time thereafter.
(c) The filing of pleadings and other papers with the court as required or permitted by this act shall be done in accordance with rules or orders of the supreme court.
History: L. 2000, ch. 161, § 13; L. 2002, ch. 157, § 3; July 1.
History: L. 2000, ch. 161, § 14; Jan. 1, 2001.
History: L. 2000, ch. 161, § 15; Jan. 1, 2001.
History: L. 2000, ch. 161, § 16; L. 2002, ch. 66, § 1; Apr. 25.
(1) Transfer the action to the chief judge of the judicial district for assignment and hearing pursuant to chapter 60 of the Kansas Statutes Annotated, and amendments thereto, assessing the increased docket fee to the plaintiff; or (2) allow the plaintiff to amend the pleadings and service of process to bring the demand for judgment within the scope of actions authorized by the provisions of K.S.A. 61-2802, and amendments thereto, assessing the costs accrued to the plaintiff.
(b) If a defendant asserts a counterclaim or cross-claim beyond the scope of the code of civil procedure for limited actions, the case shall be referred by the chief judge for assignment and hearing pursuant to chapter 60 of the Kansas Statutes Annotated, and amendments thereto, assessing the increased docket fee to the defendant.
History: L. 2000, ch. 161, § 17; Jan. 1, 2001.
(a) K.S.A. 60-215, and amendments thereto, relating to amended and supplemental pleadings, except that the time for filing amended pleadings and for responding thereto shall be 10 instead of 20 days;
(b) K.S.A. 60-217, and amendments thereto, relating to capacity of parties;
(c) K.S.A. 60-218, and amendments thereto, providing for joinder of claims and remedies, K.S.A. 60-219 and 60-220, and amendments thereto, providing for joinder of parties, and K.S.A. 60-221, and amendments thereto, relating to misjoinder of parties and claims;
(d) K.S.A. 60-224, and amendments thereto, relating to intervention, and K.S.A. 60-225, and amendments thereto, providing for substitution of parties;
(e) K.S.A. 60-234, and amendments thereto, relating to production of documents and things for inspection;
(f) K.S.A. 60-241, and amendments thereto, providing for dismissal of actions;
(g) K.S.A. 60-244, and amendments thereto, providing for proof of records;
(h) K.S.A. 60-256, and amendments thereto, relating to summary judgment;
(i) K.S.A. 60-259 and 60-260, and amendments thereto, concerning new trial and relief from judgment or order, respectively;
(j) K.S.A. 60-261 and 60-263, and amendments thereto, relating respectively to harmless error and disability of a judge; and
(k) K.S.A. 60-264, and amendments thereto, relating to process in behalf of and against persons not parties.
History: L. 2000, ch. 161, § 18; Jan. 1, 2001.