61-2802. Application of code.

61-2802

Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS
Article 28.--PREFATORY

      61-2802.   Application of code.(a) This act may be used to govern the procedure fora civil lawsuitfiled in the district court which:

      (1)   Seeks judgment for a debt which is not secured by a lien and arises outof a contractfor the providing of goods, services or money, without limitation as to theamount claimed in the lawsuit;

      (2)   seeks judgment for a debt which is secured by a lien and arises out of acontract forthe providing of goods, services or money, where the amount claimed in thelawsuit, notcounting costs, interest and fees, does not exceed $25,000; or

      (3)   seeks judgment where the claim does not arise out of a contract and theamountclaimed in the lawsuit, not counting costs, interest and fees, does not exceed$25,000.

      (b)   The following types of lawsuits may not be filed under this act:

      (1)   Actions against any officers of the state, or any subdivisions thereof,for misconductin office, except as authorized by the Kansas tort claims act, K.S.A. 75-6101et seq., and amendments thereto;

      (2)   actions for specific performance of contracts for real estate;

      (3)   actions in which title to real estate is sought to be recovered or inwhich an interestin real estate, either legal or equitable, is sought to be established, exceptthat nothing in thisparagraph shall be construed as limiting the right to bring an action forforcible detainer asprovided inK.S.A. 61-3801 through 61-3808, andamendments thereto;

      (4)   actions to foreclose real estate mortgages or to establish and forecloseliens on realestate as provided in article 11 of chapter 60 of the Kansas StatutesAnnotated, and amendments thereto;

      (5)   actions for divorce, separate maintenance or custody of minor children;

      (6)   habeas corpus;

      (7)   receiverships;

      (8)   change of name;

      (9)   declaratory judgments;

      (10)   mandamus and quo warranto;

      (11)   injunctions;

      (12)   class actions;

      (13)   rights of majority; and

      (14)   any appeal from an order or ruling of an administrative officer orbody.

      History:   L. 2000, ch. 161, § 2; Jan. 1, 2001.