Chapter 61: Procedure, Civil, For Limited Actions

Article 40: Costs

Statute 61-4001: Court fees; authorized only by legislative enactment; poverty affidavit. (a) Docket fee. No case shall be filed or docketed pursuant to the code of civil procedure for limited actions without the payment of a docket fee in the amount of $28 on and after July 1, 2006 through June 30, 2010, and $26 on and after July 1, 2010, if the amount in controversy or claimed does not exceed $500; $48 on and after July 1, 2006 through June 30, 2010, and $46 on and after July 1, 2010, if the amount in controversy or claimed exceeds $500 but does not exceed $5,000; or $94 on and after July 1, 2006 through June 30, 2010, and $92 on and after July 1, 2010, if the amount in controversy or claimed exceeds $5,000. If judgment is rendered for the plaintiff, the court also may enter judgment for the plaintiff for the amount of the docket fee paid by the plaintiff.

      (b)   Poverty affidavit; additional court costs; exemptions for the state and municipalities. The provisions of subsections (b), (c) and (d) of K.S.A. 60-2001 and 60-2005 and amendments thereto, shall be applicable to lawsuits brought under the code of civil procedure for limited actions.

      (c)   The docket fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee.

      History:   L. 2000, ch. 161, § 95; L. 2001, ch. 211, § 15; L. 2006, ch. 195, § 20; L. 2007, ch. 195, § 33; July 1.