1.  Default judgment.
(a)  The court may enter a default judgment in the following situations:
(1) If a defendant fails to either appear or file a written answer on or before the time specified in the summons, judgment may be entered against the defendant upon proof of service and at such time as the plaintiff requests same, without further notice to the defendant, except that no default judgment may be taken against a defendant where service was by first class mail, telefacsimile communication or Internet electronic mail.
(2)  If a defendant fails to appear at the time set for a pre trial or trial hereunder, judgment may be entered against the defendant at the request of the plaintiff without further notice to the defendant.
(3)  If the defendant has filed a counterclaim against the plaintiff and the plaintiff fails to appear at the time set for a pre trial or trial hereunder, judgment may be entered against the plaintiff at the request of the defendant without further notice to the plaintiff.
(b)  A default judgment shall not be different in kind from or exceed the amount of the relief sought in the demand for judgment.
(c)  If a defendant seeks to set aside a default judgment for failure to appear at the time specified in the summons, the defendant shall file a motion not more than 10 days from the date of such judgment in a lawsuit where the defendant was personally served with summons within the state, or not more than 45 days where service of summons was by other than personal service within the state.  If any party seeks to set aside any other default judgment, that party shall file a motion not more than 10 days from the date of such judgment.  Any motion to set aside a default judgment shall, except for the time limits set forth above, be in accordance with the applicable provisions of K.S.A. 60-260 (b).
(d) In cases where no service is had, for good cause shown, the court may set aside a default judgment pursuant to the applicable provisions of K.S.A. 60-260 (b). 

Comment

This section clarifies and consolidates in one section when default judgment may be taken and how and when a default judgment may be set aside.  No default judgment may be taken in a case where service was by first class mail, electronic mail or telefacsimile transmission.  This is to allay fears of those who think that the use of regular mail or electronic mail for service of process will lead to widespread abuse.

2.  Judgment.
(a)  A judgment may be entered by master or other journal entry or judgment form approved by a judge.  The judgment shall be effective from the date the journal entry or judgment form is filed with the clerk of the court.  The form of the journal entry or judgment form shall be set forth in the rules to be adopted hereunder by the supreme court.
(b)  One or more cases may be shown on a journal entry or judgment form as set forth in the rules to be adopted hereunder by the supreme court.
(c)  When more than one claim for relief is presented in a lawsuit, the court may direct the entry of a final judgment upon one or more but less than all of the claims upon such terms and conditions as set forth in the judgment of the court.
(d)  Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, regardless of whether the party has demanded such relief in such party's pleadings.  Upon entry of such judgment, the party in whose favor judgment is entered shall be deemed to have waived said party's right to recover any amount due in excess of such judgment, and such party may not recover in a subsequent lawsuit any amount in excess of such judgment.
(e)  Whenever a party has commenced postjudgment proceedings for the enforcement of a judgment, and such judgment is subsequently set aside, reversed on appeal or otherwise nullified, such party shall not be liable for damages as a result of such postjudgment proceedings, unless it can be proven that the judgment upon which said proceedings were based was fraudulently obtained. 

Comment

Judgments can be entered by a single journal entry or by a master journal entry covering several cases.  This will facilitate cases filed electronically.

3.  Interest on judgments.  The provisions of K.S.A. 16-201, 16-204 and 16-205 shall apply to judgments entered under this chapter.

Comment

This is to make clear that all of the provisions of Article 16 of K.S.A. which apply to judgments apply under this chapter.

4.  Modification of judgment.  The provisions of K.S.A. 60-252, 60-259 and 60-260 shall apply to judgments entered under this chapter where such provisions are not inconsistent with other provisions of this chapter. 

Comment

It is not clear under existing law how you seek to modify a judgment.  This section attempts to clarify this.