Article 13-Costs 

Comment

This article is the same as present law (K.S.A. 61-2501-2503) except to make K.S.A. 60-2006 (property damage under $7500) and K.S.A. 60-2610 & 2611 (worthless checks) specifically applicable to actions brought under Chapter 61. 

1.  Court fees; poverty affidavit.
(a) Docket fee.  No case shall be filed or docketed pursuant to this chapter without the payment of a docket fee in the amount of $19.50, if the amount in controversy or claimed does not exceed $500; $39.50, if the amount in controversy or claimed exceeds $500 but does not exceed $5,000; or $64.50, if the amount in controversy or claimed exceeds $5,000.  If judgment is rendered for the plaintiff, the court also may enter judgment for the plaintiff for the amount of the docket fee paid by the plaintiff.
(b) Poverty affidavit; additional court costs.  The provisions of subsections (b), (c) and (d) of K.S.A. 60-2001 and amendments thereto shall be applicable to lawsuits brought under this chapter.

2.  Taxation of costs.  The provisions of K.S.A. 60-2002 and any amendments thereto shall be applicable to lawsuits brought under this chapter.

3.  Items allowable as costs.  The provisions of K.S.A. 60-2003 shall be applicable to lawsuits brought under this chapter.

4.  Attorney fees taxed as costs in certain actions involving negligent motor vehicle operation.  The provisions of K.S.A. 60-2006 shall be applicable to lawsuits brought under this chapter.

Comment

This is simply to reiterate K.S.A. 60-2006 (c).  The section might better be placed in Section 12 of Article 2.

5.  Civil liability for worthless check; civil action to collect on check or order; reasonable attorney fees assessed as costs.  The provisions of K.S.A. 60-2610 and 60-2611 shall be applicable to lawsuits brought under this chapter.

Comment

Kansas law was amended effective July 1, 1999, in Chapter  76 (H.B. 2221), 1999 Session Laws, to allow this.  This section should probably now be placed in Section 12 of Article 2 which is more consistent with the recent amendment.