Comment

This article is the same as current law (K.S.A. 61-2601-2605) except to provide that there will be forms contained in the Supreme Court rule to be adopted pursuant to the new act. 

1.  Lost or destroyed court files. The applicable provisions of article 25 of chapter 60 of the Kansas Statutes Annotated, as amended, relating to lost or destroyed court files and records, shall govern lost court files and records in actions pursuant to this chapter, except as otherwise provided in the rules to be adopted hereunder by the supreme court.

2.  Affirmation in lieu of oath. Whenever an oath is required by this chapter, the affirmation of a person conscientiously opposed to taking an oath shall have the same effect.

3.  Availability of other relief.  If a case arises in which an action or proceeding for the enforcement or protection of a substantive right, or the redress or prevention of a wrong, cannot be had under any specific provisions of this chapter or other statutes then the court shall proceed as nearly in conformity with the provisions of this chapter as the circumstances permit to do whatever law and justice require for the protection of the parties.

4.  Effect on pending actions.  The procedures prescribed by this chapter shall apply to any actions or proceedings commenced, or judgments entered, prior to the enactment of this chapter.

5.  Forms.  The forms contained in the rules to be adopted hereunder by the supreme court are sufficient under this act and are intended to indicate the simplicity and brevity of statement which this act contemplates.