Kan. Stat. Ann. § 61-2701
Citation of act
This act shall be known and may be cited as the "small claims procedure act."
Kansas Statutes Annotated Chapter 61 — Procedure, Civil, for Limited Actions
Kansas · statute · Kan. Stat. Ann. ch. 61 · 111 active provisions
Provisions
Kan. Stat. Ann. § 61-2702
Application of act; correlation with code of civil procedure for limited actions
This act shall apply to and be an alternative procedure for the processing of small claims pursuant to the code of civil procedure for limited actions, and the provisions of this act shall be part of and supplemental to the code of civil procedure for limited actions, and any acts amendatory thereof or supplemental the…
Kan. Stat. Ann. § 61-2703
Definitions; small claim, amount
As used in this act: (a) "Small claim" means a claim for the recovery of money or personal property, where the amount claimed or the value of the property sought does not exceed $10,000, exclusive of interest, costs and any damages awarded pursuant to K.S.A. 60-2610, and amendments thereto. In actions of replevin, the…
Kan. Stat. Ann. § 61-2704
Commencement of action; fees and costs; authorized only by legislative enactment; limit on number of claims
(a) An action seeking the recovery of a small claim shall be considered to have been commenced at the time a person files a written statement of the person's small claim with the clerk of the court if, within 90 days after the small claim is filed, service of process is obtained or the first publication is made for ser…
Kan. Stat. Ann. § 61-2705
Pleadings
It is the purpose of this act to provide and maintain simplicity of pleading, and the court shall supply the forms prescribed by this act to assist the parties in preparing their pleadings. The pleading required in an action commenced under this act shall be the statement of plaintiff's claim, which shall be on the for…
Kan. Stat. Ann. § 61-2706
Claims exceeding scope of the small claims jurisdiction of the court
(a) Whenever a plaintiff demands judgment beyond the scope of the small claims jurisdiction of the court, the court shall: (1) Dismiss the action without prejudice at the cost of the plaintiff; (2) allow the plaintiff to amend the plaintiff's pleadings and service of process to bring the demand for judgment within the…
Kan. Stat. Ann. § 61-2707
Trial of action; exclusion of attorneys; appearance by others in a representative capacity; enforcement of judgment; certain judgments null and void
(a) The trial of all actions shall be to the court, and except as provided in K.S.A. 61-2714, and amendments thereto, no party in any such action shall be represented by an attorney prior to judgment. A party may appear by a full-time employee or officer or any person in a representative capacity so long as such person…
Kan. Stat. Ann. § 61-2708
Venue
The venue of actions commenced under this act shall be as prescribed in article 34 of chapter 61 of the Kansas Statutes Annotated, and amendments thereto, except that the county in which the cause of action arose shall be proper venue only where it is affirmatively shown that the defendant was a resident of the county…
Kan. Stat. Ann. § 61-2709
Appeals
(a) An appeal may be taken from any judgment under the small claims procedure act. All appeals shall be by notice of appeal specifying the party or parties taking the appeal and the order, ruling, decision or judgment complained of and shall be filed with the clerk of the district court within 14 days after entry of ju…
Kan. Stat. Ann. § 61-2710
Costs, taxation
The costs of any action commenced * this act shall be taxed against the parties as in other actions pursuant to the code of civil procedure for limited actions.
Kan. Stat. Ann. § 61-2712
Purpose of act; powers of court
It is the purpose of this act to provide a forum for the speedy trial of small claims, and to this end, the court may make such orders or rulings, consistent with the provisions of this act, as are necessary to promote justice and fairly protect the parties.
Kan. Stat. Ann. § 61-2713
Forms
The forms to be utilized under the small claims procedure act shall be set forth by the judicial council.
Kan. Stat. Ann. § 61-2714
Use of attorneys; certification by plaintiff of compliance with act; defense related to limit on number of claims
(a) Notwithstanding any other provision of the small claims procedure act, if any party in small claims litigation: (1) Uses any person in a representative capacity if such person representing the party is an attorney or was formerly an attorney; or (2) is an attorney representing the attorney's self in a small claims…
Kan. Stat. Ann. § 61-2801
Citation of act
This act shall be known and may be cited as the code of civil procedure for limited actions.
Kan. Stat. Ann. § 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…
Kan. Stat. Ann. § 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.
Kan. Stat. Ann. § 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…
Kan. Stat. Ann. § 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 o…
Kan. Stat. Ann. § 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.
Kan. Stat. Ann. § 61-2901
Name of parties
The party who files a lawsuit shall be called the plaintiff and the adverse party shall be called the defendant.
Kan. Stat. Ann. § 61-2902
Commencement of actions, limitations of actions
(a) An action pursuant to the code of civil procedure for limited actions is commenced at the time of: (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 co…
Kan. Stat. Ann. § 61-2903
Pleadings and other papers allowed
(a) Pleadings. Only the pleadings set forth in K.S.A. 60-207, and amendments thereto, shall be allowed in an action commenced pursuant to the code of civil procedure for limited actions, but the only pleading required is a petition. Third-party practice in the manner prescribed by K.S.A. 60-214, and amendments thereto,…
Kan. Stat. Ann. § 61-2904
Appearance; answer; counter-claim; affirmative defenses
(a) A defendant shall either appear, in person or by counsel, at the time and date set forth in the summons or file on or before such date a written answer. If the defendant appears and disputes the petition, the defendant shall file an answer not later than 14 days after the appearance date. The defendant shall prompt…
Kan. Stat. Ann. § 61-2905
Counterclaims and cross-claims
(a) (1) Upon timely application of the plaintiff and in the discretion of the court, a defendant may be required to plead any counterclaim which such party has against the plaintiff, if it arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim and does not require for its adjudi…
Kan. Stat. Ann. § 61-2907
Service and filing of pleadings and other papers
(a) The petition shall be served on the defendant in accordance with the provisions of K.S.A. 61-3001 through 61-3006, and amendments thereto. (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 p…
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