There has been a tremendous increase in the number of lawsuits filed under the Kansas Code of Civil Procedure for Limited Actions ("Chapter 61") over the last 10 years throughout the state.  As a result of this, courts, clerks, and attorneys have become swamped in paper.  The need to develop a system that relies less on paper has become very important today.

The District Court of Shawnee County has developed and begun using a pilot project for a paperless filing system.  Through this system, attorneys can now electronically file cases under Chapter 61 and the clerk can manage these cases without any paper being exchanged.  This has resulted in a significant increase in efficiency and drop in time and expense in the handling of these cases.

Other courts across the state will want to adopt a similar system in the near future.  The current Chapter 61 does not accommodate the electronic filing and management of cases.  It needs significant revision to allow this to be done statewide.

In 1997 the Kansas Judicial Council appointed a subcommittee of its Civil Code Committee to study Chapter 61 and suggest revisions to it which would allow cases to be electronically filed and managed under Chapter 61.  The subcommittee has met monthly since May, 1997, and has drafted a complete revision to Chapter 61 and a proposed Supreme Court rule to implement the electronic filing and management of cases filed under Chapter 61 in Kansas.

The proposed revision to Chapter 61 consists of fifteen articles and a Supreme Court rule on technical standards for electronic filing  to be used under Chapter 61.  If passed, the proposed revisions will replace in its entirety the existing Chapter 61. Also if passed, a Supreme Court rule on forms will be proposed.

Not only will the proposed amendment allow electronic filing by any judicial district which wishes to adopt it, the new code will make more efficienct many procedures under Chapter 61 which will eleminate the amount of paper filed even in those districts which choose not to adopt electronic filing.  The new code is also better organized than the present one and attempts to group together in the same article all provisions dealing with similar procedures.

Article 1-Introduction 

1.  Title.  This act and any amendments thereto shall be chapter 61 of the Kansas Statutes Annotated and shall be known as the code of civil procedure for limited actions.

Comment

This is essentially the same as K.S.A. 61-1601.

2.  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 for a debt which is secured by a lien and arises out of a contract for the providing of goods, services or money, where the amount claimed in the lawsuit, not counting costs, interest and fees, does not exceed $25,000; or
(3) seeks judgment where the claim does not arise out of a contract and the amount claimed in the lawsuit, not counting costs, nterest 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 misconduct in office, except as authorized by the Kansas tort claims act; 
(2)  actions for specific performance of contracts for real estate; 
(3)  actions in which title to real estate is sought to be recovered or in which an interest in real estate, either legal or equitable, is sought to be established, except that nothing in this paragraph shall be construed as limiting the right to bring an action for forcible detainer as provided in article 11 of this chapter; 
(4)  actions to foreclose real estate mortgages or to establish and foreclose liens on real estate as provided in article 11 of chapter 60 of the Kansas Statutes Annotated, and any acts amendatory thereof or supplemental 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 or body. 

Comment

The jurisdictional limits under Chapter 61 will be increased to $25,000 for tort cases and secured claims.  This change was felt necessary to reflect increases caused by inflation.  There is no dollar limit on unsecured contract cases which is the same as present law.  Otherwise this section is identical to K.S.A. 61-1603.

3.  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, to govern the form of pleadings, other documents to be filed and such other matters as is necessary under this chapter.

Comment

There is no comparable section under existing law.

4.  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 of this state.

Comment

Courts may chose to accept cases for filing under an electronic filing procedure, or the traditional method, or a combination of both.  There is no comparable section under existing law.

5.  Without regard to whether the word "court" or the word "judge" is used in any provisions of this chapter, all trials upon the merits shall be conducted in open court and in a regular courtroom if reasonably possible.  All other acts or proceedings, including the entry of a ruling or judgment, may be done or conducted by a judge or judge pro tem in chambers, or at such other place as is designated by the judge for the conduct of court business, without the attendance of the clerk or other court officials.

Comment

This is the same as K.S.A. 61-1605 except the new section will allow court to be conducted at such other place as is designated by the judge.  This would allow courts to conduct court business in places other than a traditional court room or courthouse, such as is now being done in Shawnee County at the limited actions docket which is held in a building on the fair grounds in Topeka.

6.  The provisions of this act shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding. 

Comment

This is identical to K.S.A. 61-1608.