61-4001 Docket fee; authorized only by legislative enactment; poverty affidavit; additional court costs; exemptions.
61-4001. Docket fee; authorized only by legislative enactment; poverty affidavit; additional court costs; exemptions. (a) Docket fee. (1) 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 $35 if the amount in controversy or claimed does […]
61-4002 Items allowable as costs.
61-4002. Items allowable as costs. The provisions of K.S.A. 60-2002, 60-2003, 60-2006, 60-2610 and 60-2611, and amendments thereto, shall be applicable to lawsuits brought under the code of civil procedure for limited actions. History: L. 2000, ch. 161, § 96; Jan. 1, 2001.
61-4101 Lost or destroyed court files.
61-4101. Lost or destroyed court files. The applicable provisions of article 25 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, relating to lost or destroyed court files and records, shall govern lost court files and records in actions pursuant to the code of civil procedure for limited actions, except as otherwise provided […]
61-4102 Affirmation in lieu of oath.
61-4102. Affirmation in lieu of oath. Whenever an oath is required by the code of civil procedure for limited actions, the affirmation of a person conscientiously opposed to taking an oath shall have the same effect. History: L. 2000, ch. 161, § 98; Jan. 1, 2001.
61-4103 Availability of other relief.
61-4103. Availability of other relief. If a case arises in which an action or proceeding for the enforcement or protection of a substantive right, or the redress or prevention of a wrong, cannot be had under any specific provisions of the code of civil procedure for limited actions or other statutes, then the court shall […]
61-4104 Effect on pending actions.
61-4104. Effect on pending actions. The procedures prescribed by the code of civil procedure for limited actions shall apply to any actions or proceedings commenced, or judgments entered, prior to the enactment of this act. History: L. 2000, ch. 161, § 100; Jan. 1, 2001.
61-3905 Stay of proceedings on appeal; bond.
61-3905. Stay of proceedings on appeal; bond. (a) Whenever an appellant entitled thereto desires a stay on appeal from an action pursuant to the code of civil procedure for limited actions, such appellant may present to the judge from which the appeal is taken, for the judge’s approval, a supersedeas bond which shall have such […]
61-3906 Same; forcible detainer.
61-3906. Same; forcible detainer. In appeals taken by the defendant in actions for the forcible detention of real property, the supersedeas bond filed on appeal shall be conditioned that the appellant will not commit or suffer waste to be committed on the premises in controversy, and if upon appeal the court judgment be rendered against […]
61-3907 Insufficiency of bond.
61-3907. Insufficiency of bond. If a supersedeas bond was not filed with the notice of appeal, and if the action is not yet docketed on appeal, a bond may be filed with the court from which the appeal is taken. After the action is so docketed, application for leave to file a bond may be […]
61-3908 Judgment against surety.
61-3908. Judgment against surety. By entering into a supersedeas bond given pursuant to K.S.A. 61-3905 and 61-3906, and amendments thereto, the surety submits to the jurisdiction of the court wherein the judgment becomes final, and irrevocably appoints the clerk of such court as the surety’s agent upon whom any papers affecting the surety’s liability on […]