Kansas Statutes

Chapter 61: Procedure, Civil, For Limited Actions

Article 34: Venue

Statutes:

• 61-3401:
• 61-3402: Actions against residents.
• 61-3403: Actions against corporations.
• 61-3404: Actions against nonresidents and nonqualified corporations.
• 61-3405: Actions against public utility, common carrier or transportation system.
• 61-3406: Multiple parties.
• 61-3407: Change of venue.
• 61-3408: Time for objection to venue.
• 61-3409: Effect of improper venue.

• 61-3401:

        History:   L. 2000, ch. 161, § 37; Repealed, L. 2002, ch. 157, § 20; July 1.

• 61-3402: Actions against residents. An action against a resident of this state, other than an action for which venue is otherwise specifically prescribed by law, may be brought in the county in which:

        (a)   The defendant resides;

        (b)   the plaintiff resides if the defendant is served therein;

        (c)   the cause of action arose;

        (d)   the defendant has a place of business or of employment if the defendant is served therein;

        (e)   the estate of a deceased person is being probated if such deceased person was jointly liable with the defendant and a demand to enforce such liability has been duly exhibited in the probate proceedings of such decedent's estate; or

        (f)   there is located tangible personal property which is the subject of an action for the possession thereof if immediate possession is sought in accordance with K.S.A. 61-3701, and amendments thereto, at the time of the filing of the action.

        History:   L. 2000, ch. 161, § 38; Jan. 1, 2001.

• 61-3403: Actions against corporations. An action against a domestic corporation, or against a foreign corporation which is qualified to do business in this state, other than an action for which venue is otherwise specifically prescribed by law, may be brought in the county in which:

        (a)   Its registered office is located;

        (b)   the cause of action arose;

        (c)   the defendant is transacting business at the time of the filing of the petition; or

        (d)   there is located tangible personal property which is the subject of an action for the possession thereof if immediate possession is sought in accordance with K.S.A. 61-3701, and amendments thereto, at the time of the filing of the action.

        History:   L. 2000, ch. 161, § 39; Jan. 1, 2001.

• 61-3404: Actions against nonresidents and nonqualified corporations. An action against a nonresident of this state, or against a corporation which is not qualified to do business in this state, other than an action for which venue is otherwise specifically prescribed by law, may be brought in the county in which:

        (a)   The plaintiff resides, or if the plaintiff is a corporation, in the county of its registered office or in which it maintains a place of business;

        (b)   the defendant is served;

        (c)   the cause of action arose;

        (d)   the defendant is transacting business at the time of the filing of the petition;

        (e)   there is property of the defendant, or debts owing to the defendant; or

        (f)   there is located tangible personal property which is the subject of an action for the possession thereof if immediate possession is sought in accordance with K.S.A. 61-3701, and amendments thereto, at the time of the filing of the action.

        History:   L. 2000, ch. 161, § 40; Jan. 1, 2001.

• 61-3405: Actions against public utility, common carrier or transportation system. Any action brought against a public utility, common carrier or transportation system for any liability or penalty or forfeiture, may be brought in any county into or through which such public utility, common carrier or transportation system operates regularly.

        History:   L. 2000, ch. 161, § 41; Jan. 1, 2001.

• 61-3406: Multiple parties. If there are several plaintiffs properly joined and venue is determined by the residence of one of them, it shall be necessary that such plaintiff's claim is a substantial part of the action. If there are several defendants properly joined, venue of the action may be determined at the election of the plaintiff as to any one of the defendants against whom a substantial claim exists. If, before trial of an action on the merits is commenced, a party with reference to whom venue was determined ceases to be a party and venue would no longer be proper as to the remaining parties, on the application of any remaining party promptly made, the cause shall be transferred to a court of a county of proper jurisdiction and venue. If there is more than one such county, the transfer shall be to a county selected by the plaintiff.

        History:   L. 2000, ch. 161, § 42; Jan. 1, 2001.

• 61-3407: Change of venue. In all cases pursuant to the provisions of the code of civil procedure for limited actions in which it shall be made to appear that a fair and impartial trial cannot be had in the county where the suit is pending, for reasons other than the disqualification of the judge, the court, upon application of either party, may change the place of trial to the district court of some county where the objection does not exist.

        History:   L. 2000, ch. 161, § 43; Jan. 1, 2001.

• 61-3408: Time for objection to venue. Objection to the venue of an action shall not be allowed except on timely motion made and for grounds established before trial of the action is commenced on the merits.

        History:   L. 2000, ch. 161, § 44; Jan. 1, 2001.

• 61-3409: Effect of improper venue. If an action is commenced in good faith and a subsequent timely objection to the venue is sustained, or if before trial on the merit commences, it is found that no cause of action exists in favor of or against a party upon whom venue was dependent, the action shall be transferred to a court of proper jurisdiction of any county of proper venue. If there is more than one such county, the transfer shall be to the court of a county selected by the plaintiff. In accordance with K.S.A. 61-4001, and amendments thereto, the receiving district court shall require the payment of an appropriate docket fee from the movant.

        History:   L. 2000, ch. 161, § 45; Jan. 1, 2001.