61-2911. Claims beyond the scope of actions authorized by 61-2802.
61-2911
61-2911. Claims beyond the scope of actionsauthorized by 61-2802.(a) Whenever a plaintiff demands judgment beyond the scopeof actions authorized bytheprovisions ofK.S.A. 61-2802, and amendments thereto, the courtshall either:
(1) Transfer the action to the chief judge of the judicial district forassignment and hearingpursuant to chapter 60 of the Kansas Statutes Annotated, and amendmentsthereto,assessing the increased docket fee to the plaintiff; or (2) allow the plaintiffto amend thepleadings and service of process to bring the demand for judgment within thescope of actionsauthorized by the provisions ofK.S.A. 61-2802, and amendmentsthereto, assessingthe costsaccrued to the plaintiff.
(b) If a defendant asserts a counterclaim or cross-claimbeyond the scope of the code of civil procedure for limited actions, the caseshall be referred by the chief judge for assignment andhearing pursuant tochapter 60 of the Kansas Statutes Annotated, and amendments thereto, assessingthe increased docket feeto thedefendant.
History: L. 2000, ch. 161, § 17; Jan. 1, 2001.