61-2901 Name of parties.

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. History: L. 2000, ch. 161, § 7; Jan. 1, 2001.

61-2902 Commencement of actions, limitations of actions.

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 […]

61-2903 Pleadings and other papers allowed.

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 […]

61-2904 Appearance; answer; counter-claim; affirmative defenses.

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 […]

61-2905 Counterclaims and cross-claims.

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 […]

61-2907 Service and filing of pleadings and other papers.

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 […]

61-2908 Special matters.

61-2908. Special matters. The provisions of K.S.A. 60-209, 60-210 and 60-211, and amendments thereto, shall apply to pleadings filed under K.S.A. 61-2901 through 61-2912, and amendments thereto. History: L. 2000, ch. 161, § 14; Jan. 1, 2001.

61-2909 Computation and extension of time.

61-2909. Computation and extension of time. The provisions of K.S.A. 60-206, and amendments thereto, governing the computation and extension of time, shall govern actions pursuant to the code of civil procedure for limited actions, except where provisions to the contrary are specifically included in the code. History: L. 2000, ch. 161, § 15; Jan. 1, […]

61-2910 Application of chapter 60, when.

61-2910. Application of chapter 60, when. Upon motion of any party and for good cause shown, the court may order that an action filed under the code of civil procedure for limited actions, except an action filed pursuant to the small claims procedure act, article 27 of chapter 61 of the Kansas Statutes Annotated, and […]

61-2911 Claims beyond the scope of actions authorized by 61-2802.

61-2911. Claims beyond the scope of actions authorized by 61-2802. (a) Whenever a plaintiff demands judgment beyond the scope of actions authorized by the provisions of K.S.A. 61-2802, and amendments thereto, the court shall either: (1) Transfer the action to the chief judge of the judicial district for assignment and hearing pursuant to chapter 60 […]

61-2912 Adoption by reference of certain provisions of article 2 of chapter 60.

61-2912. Adoption by reference of certain provisions of article 2 of chapter 60. The following provisions of article 2 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, are hereby adopted by reference and made a part of this act as if fully set forth herein, insofar as such provisions are not inconsistent […]