An Act concerning civil procedure for limited actions; amending K.S.A. 58-227, 58-2542,
      58-25,102, 60-201, 60-213, 60-265, 60-304, 60-725, 60-2418 and 75-6103 and K.S.A.
      1999 Supp. 19-4737, 20-302b, 20-362, 58-2565 and 60-2202 and repealing the existing
      sections; also repealing K.S.A. 61-1601, 61-1603 through 61-1605, 61-1608, 61-1701
      through 61-1703, 61-1703a, 61-1704 through 61-1709, 61-1711 through 61-1719, 61-
      1721 through 61-1723, 61-1725a, 61-1726, 61-1728, 61-1801 through 61-1803, 61-1805
      through 61-1807, 61-1901 through 61-1909, 61-2001 through 61-2012, 61-2101, 61-
      2102, 61-2104 through 61-2109, 61-2201 through 61-2204, 61-2301 through 61-2304,
      61-2306 through 61-2311, 61-2402 through 61-2405, 61-2502, 61-2503, and 61-2601
      through 61-2605, and K.S.A. 1999 Supp. 61-1710, 61-1720, 61-1724, 61-1725, 61-1729,
      61-2013, 61-2014, 61-2103, 61-2305, 61-2401 and 61-2501.

Be it enacted by the Legislature of the State of Kansas:

      New Section  1. This act shall be known and may be cited as the code
of civil procedure for limited actions.

      New Sec.  2. (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, interest 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, K.S.A. 75-6101 et seq., and amendments thereto;

      (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 sections 78 through 85, and amendments thereto;

      (4) actions to foreclose real estate mortgages or to establish and fore-
close liens on real estate as provided in article 11 of chapter 60 of the
Kansas Statutes Annotated, and amendments 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.

      New Sec.  3. The supreme court of this state shall adopt rules to gov-
ern 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 the code of civil
procedure for limited actions.

      New Sec.  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 pro-
cedure, or a combination of the two, as long as any such filings comply
with the rules of the supreme court of this state.

      New Sec.  5. Without regard to whether the word "court" or the word
"judge" is used in any provisions of this act, all trials upon the merits shall
be conducted in open court and in a regular courtroom within the county
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 within the county as is des-
ignated by the judge for the conduct of court business, without the at-
tendance of the clerk or other court officials.

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

      New Sec.  7.  The party who files a lawsuit shall be called the plaintiff
and the adverse party shall be called the defendant.

      New Sec.  8. (a) An action pursuant to the code of civil procedure for
limited actions is commenced at the time of:

      (1) Filing a petition with the clerk of the district court, if service of
process is obtained or the first publication is made for service by publi-
cation, within 90 days after the petition is filed, except that the court may
extend that time an additional 30 days upon a showing of good cause by
the plaintiff; or

      (2) service of process or first publication, if service of process or first
publication is not made within the time specified by provision (1).

      (b) If service of process or first publication purports to have been
made but is later adjudicated to have been invalid due to any irregularity
in form or procedure or any defect in making service, the action shall
nevertheless be deemed to have been commenced at the applicable time
under subsection (a) if valid service is obtained or first publication is made
within 90 days after that adjudication, except that the court may extend
that time an additional 30 days upon a showing of good cause by the
plaintiff.

      (c)  An entry of appearance by the defendant shall have the same
effect as service of process on the defendant.

      (d) The limitation of time for commencing lawsuits pursuant to the
code of civil procedure for limited actions shall be as provided in article
5 of chapter 60 of the Kansas Statutes Annotated, and amendments
thereto, except where a different limitation is specifically provided by
statute.

      New Sec.  9. (a) Pleadings. Only the pleadings set forth in K.S.A. 60-
207, and amendments thereto, shall be allowed in an action commenced
pursuant to the code of civil procedure for limited actions, but the only
pleading required is a petition. Third-party practice in the manner pre-
scribed by K.S.A. 60-214, and amendments thereto, shall be permitted.

      (b) Petitions. A petition shall state the claim or claims which the plain-
tiff has against the defendant. It shall set forth the current address, phone
number, fax phone number and electronic mail address for the plaintiff.
If the plaintiff is not represented by an attorney, the petition shall be
signed by the plaintiff.

      (c) Motions and other papers. An application to the court or judge
for an order shall be by motion which, unless made during a hearing or
trial, shall be made in writing, shall state the particular grounds for the
motion, shall set forth the relief or order sought, and shall contain a notice
of when the motion is to be heard by the court.

      New Sec.  10. (a) A defendant shall either appear, in person or by
counsel, at the time and date set forth in the summons or file on or before
such date a written answer. If the defendant appears and disputes the
petition, the defendant shall file an answer not later than 10 days after
the appearance date. The defendant shall promptly send a copy of the
answer after filing to the plaintiff's attorney or the plaintiff, if no attorney.
If the defendant is not represented by an attorney, the answer shall be
signed by the defendant.

      (b) The answer when filed shall state the following:

      (1) What the dispute is;

      (2) any affirmative defenses the defendant has to the claim; and

      (3) the current address, phone number, fax phone number and elec-
tronic mail address for the defendant.

      (c) If the defendant asserts a counterclaim against the plaintiff in the
answer, the plaintiff may file a reply disputing the defendant's counter-
claim not later than 10 days after service of the defendant's answer. The
plaintiff's reply shall comply with the requirements set forth in subsection
(b). If the plaintiff does not file a reply, the plaintiff waives the right to
present any dispute to the defendant's counterclaim.

      (d) Affirmative defenses are those listed in subsection (c) of K.S.A.
60-208, and amendments thereto.

      (e) The date the defendant is required to appear as set forth in the
summons may be continued by the court upon request of either party in
such manner as the court shall prescribe.

      New Sec.  11. (a) (1) Upon timely application of the plaintiff and in
the discretion of the court, a defendant may be required to plead any
counterclaim which such party has against the plaintiff, if it arises out of
the transaction or occurrence that is the subject matter of the plaintiff's
claim and does not require for its adjudication the presence of third par-
ties of whom the court cannot acquire jurisdiction, except that the de-
fendant shall not be required to plead any such claim if: (A) At the time
the action was commenced the claim was the subject of another pending
action; or (B) the plaintiff brought suit upon such plaintiff's claim by
attachment or other process by which the court did not acquire jurisdic-
tion to render a personal judgment on that claim, and the defendant is
not pleading any other counterclaim.

      (2) A defendant shall not be estopped from asserting in a subsequent
action any claim which such defendant may have against the plaintiff, if
such defendant is not required to plead such claim pursuant to this sec-
tion. Except as provided in subsections (a) and (k), the provisions of K.S.A.
60-213, and amendments thereto, relating to counterclaims and cross-
claims, shall apply to proceedings pursuant to the code of civil procedure
for limited actions, subject to the provisions of section 17, and amend-
ments thereto.

      (b) Notwithstanding the provisions of subsection (a), in an action in-
volving a claim governed by K.S.A. 60-258a, and amendments thereto, a
party shall state as a counterclaim any claim that party has against any
opposing party arising out of the transaction or occurrence that is the
subject matter of the claim governed by K.S.A. 60-258a, and amendments
thereto.

      New Sec.  12. The content and form of all pleadings and other papers
filed shall be set forth by rule of the supreme court of this state.

      New Sec.  13. (a) The petition shall be served on the defendant in
accordance with the provisions of sections 19 through 24, and amend-
ments thereto.

      (b) All pleadings other than the petition, motions which cannot be
heard ex parte, notices, and orders which are required by their terms to
be served, shall be served upon the party's attorney of record, if the party
is represented by an attorney, or upon the party if not represented by an
attorney, in the following manner:

      (1) By delivering a copy;

      (2) by mailing a copy by first-class mail, certified mail or registered
mail to the last known address; or

      (3) if no address is known, by leaving a copy with the clerk of the
court. For the purposes of this subsection, delivering a copy means:
Handing it to the attorney or to the party; leaving it at the attorney's or
party's office with the clerk or other person in charge thereof or, if there
is no one in charge, leaving it in a conspicuous place therein; or, if the
attorney's or party's office is closed or the person to be served has no
office, leaving it at the attorney's or party's dwelling house or usual place
of abode with some person of suitable age and discretion then residing
therein. Service by mail is complete upon mailing. All such pleadings,
motions, notices and orders covered by this subsection shall be filed with
the court either before service or within a reasonable time thereafter.

      (c) The filing of pleadings and other papers with the court as required
or permitted by this act shall be done in accordance with rules of the
supreme court.

      New Sec.  14. The provisions of K.S.A. 60-209, 60-210 and 60-211,
and amendments thereto, shall apply to pleadings filed under sections 7
through 18, and amendments thereto.

      New Sec.  15. The provisions of K.S.A. 60-206, and amendments
thereto, governing the computation and extension of time, shall govern
actions pursuant to the code of civil procedure for limited actions, except
where provisions to the contrary are specifically included in the code.

      New Sec.  16. Upon motion of any party, the court shall order that
an action filed under the code of civil procedure for limited actions, except
an action filed pursuant to the small claims procedure act, article 27 of
chapter 61 of the Kansas Statutes Annotated, and amendments thereto,
shall thereafter be governed by the provisions of chapter 60 of the Kansas
Statutes Annotated, and amendments thereto. The party obtaining an
order under this section shall pay any additional docket fee required had
the action been filed under chapter 60 of the Kansas Statutes Annotated,
and amendments thereto. Upon such order of the court and payment of
any additional docket fee, the clerk of the district court shall renumber
the case as a case filed under chapter 60 of the Kansas Statutes Annotated,
and amendments thereto, in the same manner as required by K.S.A. 60-
2418, and amendments thereto.

      New Sec.  17. (a) Whenever a plaintiff demands judgment beyond
the scope of actions authorized by the provisions of section 2, and amend-
ments thereto, the court shall either:

      (1) Transfer the action to the chief judge of the judicial district for
assignment and hearing pursuant to chapter 60 of the Kansas Statutes
Annotated, and amendments thereto, assessing the increased docket fee
to the plaintiff; or (2) allow the plaintiff to amend the pleadings and
service of process to bring the demand for judgment within the scope of
actions authorized by the provisions of section 2, and amendments
thereto, assessing the costs accrued to the plaintiff.

      (b) If a defendant asserts a counterclaim or cross-claim beyond the
scope of the code of civil procedure for limited actions, the case shall be
referred by the chief judge for assignment and hearing pursuant to chap-
ter 60 of the Kansas Statutes Annotated, and amendments thereto, as-
sessing the increased docket fee to the defendant.

      New Sec.  18. The following provisions of article 2 of chapter 60 of
the Kansas Statutes Annotated, and amendments thereto, are hereby
adopted by reference and made a part of this act as if fully set forth herein,
insofar as such provisions are not inconsistent or in conflict with the pro-
visions of this act:

      (a) K.S.A. 60-215, and amendments thereto, relating to amended and
supplemental pleadings, except that the time for filing amended pleadings
and for responding thereto shall be 10 instead of 20 days;

      (b) K.S.A. 60-217, and amendments thereto, relating to capacity of
parties;

      (c) K.S.A. 60-218, and amendments thereto, providing for joinder of
claims and remedies, K.S.A. 60-219 and 60-220, and amendments
thereto, providing for joinder of parties, and K.S.A. 60-221, and amend-
ments thereto, relating to misjoinder of parties and claims;

      (d) K.S.A. 60-224, and amendments thereto, relating to intervention,
and K.S.A. 60-225, and amendments thereto, providing for substitution
of parties;

      (e) K.S.A. 60-234, and amendments thereto, relating to production
of documents and things for inspection;

      (f) K.S.A. 60-241, and amendments thereto, providing for dismissal
of actions;

      (g) K.S.A. 60-244, and amendments thereto, providing for proof of
records;

      (h) K.S.A. 60-256, and amendments thereto, relating to summary
judgment;

      (i) K.S.A. 60-259 and 60-260, and amendments thereto, concerning
new trial and relief from judgment or order, respectively;

      (j) K.S.A. 60-261 and 60-263, and amendments thereto, relating re-
spectively to harmless error and disability of a judge; and

      (k) K.S.A. 60-264, and amendments thereto, relating to process in
behalf of and against persons not parties.

      New Sec.  19. Upon the filing of the petition pursuant to the code of
civil procedure for limited actions, the clerk of the district court shall
issue a summons for service upon each defendant in accordance with this
act. Additional summonses may be issued as requested.

      New Sec.  20. (a) The summons shall be issued by the clerk, dated
the day it is issued and contain the information set forth in the rules to
be adopted by the supreme court of this state. The summons shall state
the time when the law requires the defendant to appear or file an answer
in response to the petition, and shall notify such defendant that in case
of such defendant's failure to appear or file an answer, judgment by de-
fault will be rendered against such defendant for the relief demanded in
the petition. The summons shall be in substantially the form set forth in
the rules to be adopted hereunder by the supreme court.

      (b) The time stated in the summons requiring the defendant to ap-
pear in response to the petition shall be determined by the court. Such
time shall be not less than 11 nor more than 50 days after the date the
summons is issued.

      New Sec.  21. (a) Methods of service of process within this state, ex-
cept service by publication, are described in this section. Service of pro-
cess outside the state shall be made in substantial compliance with the
applicable provisions of K.S.A. 60-308, and amendments thereto.

      (b) Who serves process. The sheriff of the county in which the action
is filed shall serve any process by any method authorized by this section,
or as otherwise provided by law, unless a party, either personally or
through an attorney, elects to undertake responsibility for service and so
notifies the clerk.

      (c) Service by return receipt delivery.

      (1) Service of process by return receipt delivery shall include service
effected by certified mail, priority mail, commercial courier service, over-
night delivery service, or other reliable personal delivery service to the
party addressed, in each instance evidenced by a written or electronic
receipt showing to whom delivered, date of delivery, address where de-
livered, and person or entity effecting delivery.

      (2) The sheriff, party or party's attorney shall cause a copy of the
process and petition or other document to be placed in a sealed envelope
addressed to the person to be served in accordance with section 22, and
amendments thereto, with postage or other delivery fees prepaid, and the
sealed envelope placed in the custody of the person or entity effecting
delivery.

      (3) Service of process shall be considered obtained under section 8,
and amendments thereto, upon the delivery of the sealed envelope.

      (4) After service and return of the receipt, the sheriff, party, or party's
attorney shall execute a return on service stating the nature of the process,
to whom delivered, the date of delivery, the address where delivered, and
the person or entity effecting delivery. The original return of service shall
be filed with the clerk, along with a copy of the return receipt evidencing
such delivery.

      (5) If the sealed envelope is returned with an endorsement showing
refusal to accept delivery, the sheriff, party or the party's attorney may
send a copy of the process and petition or other document by first-class
mail addressed to the party to be served, or may elect other methods of
service. If mailed, service shall be considered obtained three days after
the mailing by first-class mail, postage prepaid, which shall be evidenced
by a certificate of service filed with the clerk. If the unopened envelope
sent first-class mail is returned as undelivered for any reason, the sheriff,
party or party's attorney shall file an amended certificate of service with
the clerk indicating nondelivery, and service by such mailing shall not be
considered obtained. Mere failure to claim return receipt delivery is not
refusal of service within the meaning of this subsection.

      (d) Personal and residence service.

      (1) The party may file a written request with the clerk for personal
or residence service. Personal service shall be made by delivering or of-
fering to deliver a copy of the process and accompanying documents to
the person to be served. Residence service shall be made by leaving a
copy of the process and petition, or other document to be served, at the
dwelling house or usual place of abode of the person to be served with
some person of suitable age and discretion residing therein. If service
cannot be made upon an individual, other than a minor or a disabled
person, by personal or residence service, service may be made by leaving
a copy of the process and petition, or other document to be served, at
the defendant's dwelling house or usual place of abode and mailing a
notice that such copy has been left at such house or place of abode to the
individual by first-class mail.

      (2) When process is to be served under this subsection, the clerk of
the court shall deliver the process and sufficient copies of the process and
petition, or other document to be served, to the sheriff of the county
where the process is to be served or, if requested, to a person appointed
to serve process or to the plaintiff's attorney.

      (3) Service, levy and execution of all process under this subsection,
including, but not limited to, writs of execution, orders of attachment,
replevin orders, orders for delivery, writs of restitution and writs of assis-
tance, shall be made by a sheriff within the sheriff's county, by the sheriff's
deputy, by an attorney admitted to the practice of law before the supreme
court of Kansas or by some person appointed as a process server by a
judge or clerk of the district court, except that a subpoena may also be
served by any other person who is not a party and is not less than 18 years
of age. Process servers shall be appointed freely and may be authorized
either to serve process in a single case or in cases generally during a fixed
period of time. A process server or an authorized attorney may make the
service anywhere in or out of the state and shall be allowed the fees
prescribed in K.S.A. 28-110, and amendments thereto, for the sheriff and
such other fees and costs as the court shall allow. All persons authorized
under this subsection to serve, levy and execute process shall be consid-
ered an "officer" as used in K.S.A. 60-706 and 60-2401, and amendments
thereto.

      (4) In all cases when the person to be served, or an agent authorized
by the person to accept service of process, refuses to receive copies
thereof, the offer of the duly authorized process server to deliver copies
thereof, and the refusal, shall be a sufficient service of the process.

      (e) Publication service. Service of process by publication may be
made pursuant to the provisions of K.S.A. 60-307, and amendments
thereto, which are not inconsistent or in conflict with this act.

      (f) Acknowledgment or appearance. An acknowledgment of service
on the summons is equivalent to service. The voluntary appearance by a
defendant is equivalent to service as of the date of appearance.

      (g) The person serving process may serve a garnishment process in
any of the following methods:

      (1) First class mail. Process may be sent to a person by first-class mail
by placing a copy of the process and petition or other document to be
served in an envelope addressed to the person to be served in accordance
with section 22, and amendments thereto, at such person's last known
address. The envelope used for such service shall be addressed to the
person in accordance with section 22, and amendments thereto, and shall
contain adequate postage. Such envelope shall be sealed and placed in
the United States mail. Service by first-class mail shall be complete when
the envelope is placed in the mail unless returned undelivered. Service
shall be considered obtained upon the mailing by first-class mail unless
returned undelivered.

      (2) Telefacsimile communication. Process may be sent to a person by
telefacsimile communication. Service is complete upon receipt of a con-
firmation generated by the transmitting machine.

      (3) Internet electronic mail. Process may be sent to a person by in-
ternet electronic mail as provided in the rules to be adopted hereunder
by the supreme court.

      New Sec.  22. (a) Service shall be made promptly and, in any event,
in time to make a timely return of service as required by section 23, and
amendments thereto.

      (b) If the defendant is a nonresident who is employed in this state,
or if the place of residence of the defendant is unknown, the plaintiff may
direct that the service of summons or other process shall be made by
directing an officer, partner, managing or general agent, or the person
having charge of the office or place of employment at which the defendant
is employed, to make the defendant available for the purpose of permit-
ting the summons or other process to be served on the defendant at the
defendant's place of employment.

      (c) As used in this section, "serving" means making service by any of
the methods described in section 21, and amendments thereto, unless a
specific method of making service is prescribed in this section. Except
for service by publication, service of process shall be made as follows:

      (1) Service upon an individual other than a minor or disabled person
shall be made by serving the individual or by serving an agent authorized
by appointment or by law to receive service of process, but if the agent
is one designated by statute to receive service, such further notice as the
statute requires shall be given. Service by certified mail or first-class mail
shall be addressed to an individual at the individual's dwelling house or
usual place of abode and to an authorized agent at the agent's usual or
designated address.

      (2) Service upon a minor, disabled person as defined by K.S.A. 59-
3002, and amendments thereto, foreign or domestic corporations, part-
nerships, insurance companies or associations shall be made in accord-
ance with the applicable provisions of K.S.A. 60-304, and amendments
thereto.

      (3) Service upon a governmental entity shall be made in accordance
with the applicable provisions of K.S.A. 60-304, and amendments thereto.

      New Sec.  23. Proof of service shall be made as follows:

      (a) Personal and residence service. (1) Every officer to whom sum-
mons or other process shall be delivered for service within or without the
state, shall make return thereof in writing stating the time, place and
manner of service of such writ, and shall sign such officer's name to such
return.

      (2) If such process is directed to and delivered to a person other than
by an officer for service, such person shall make affidavit as to the time,
place and manner of such person's service thereof.

      (b) Service by return receipt delivery. Service by return receipt de-
livery shall be proven in the manner provided by subsection (e) of K.S.A.
60-308 or subsection (c) of section 21, and amendments thereto.

      (c) Publication service. Service by publication shall be proven by an
affidavit showing the dates upon, and the newspaper in which the notice
of publication was published. A copy of the notice shall be attached to
the affidavit which shall be filed in the cause. When mailing of copies of
the publication notice is required in accordance with subsection (e) of
K.S.A. 60-307, and amendments thereto, the proof of such mailing shall
be by affidavit of the person who mailed such copies and such affidavit
shall be filed with the clerk of the court in which the action has been
filed. Any return receipt shall be made a part of the affidavit and filed
therewith.

      (d) Time for return. The officer or other person receiving a summons
or other process in forcible detainer cases shall make return of service
promptly and, in any event, no later than three days before the date stated
in the summons for the defendant to either appear or plead to the peti-
tion. In all other cases return of service shall be made promptly and, in
any event, no later than five days before the date stated in the summons
for the defendant to either appear or plead to the petition. If the process
cannot be served as directed, it shall be returned to the court forthwith
with a statement of the reason for the failure to serve the same.

      (e) Amendment of return. At any time in the judge's discretion and
upon such terms as the judge deems just, the judge may allow any process,
return or proof of service thereof to be amended, unless it clearly appears
that material prejudice would result to the substantial rights of the party
against whom the process issued.

      (f) Garnishment service of process. (1) First class mail. The return
shall show the nature of the process, the date on which the process was
mailed and the name and address on the envelope containing the process.

      (2) Telefacsimile communication. The return shall show the nature
of the process, the time and date on which the process was transmitted
by telefacsimile, the telephone number of the transmitting machine and
the telephone number of the receiving machine.

      (3) Internet electronic mail. The return shall show the nature of the
process, the time and date on which the process was transmitted by in-
ternet electronic mail, the internet electronic mail address of the trans-
mitting person and the internet electronic mail address of the receiving
person.

      New Sec.  24. (a) (1) Service of process may be made upon any party
outside the state. If upon a person domiciled in this state or upon a person
who has submitted to the jurisdiction of the courts of this state, it shall
have the force and effect of service of process within this state; otherwise
it shall have the force and effect of service by publication.

      (2) The service of process shall be made in the same manner as serv-
ice within this state, by any officer authorized to make service of process
in this state or in the state where the defendant is served. No order of a
court is required. An affidavit, or any other competent proofs, of the
server shall be filed stating the time, manner and place of service. The
court may consider the affidavit, or any other competent proofs, in de-
termining whether service has been properly made.

      (3) The time stated in the summons requiring the defendant to ap-
pear in response to the petition shall be determined by the court. Such
time shall be not less than 11 nor more than 50 days after the date the
summons is issued, except as provided in subsection (a)(3) of K.S.A. 60-
308, and amendments thereto.

      (b) The provisions of subsection (b) of K.S.A. 60-308, and amend-
ments thereto, shall be used to determine whether a person has submitted
to the jurisdiction of this state.

      (c) Service of process upon any person who is subject to the jurisdic-
tion of the courts of this state, as provided in subsection (b), may be made
by serving the process upon the defendant outside this state, as provided
in subsection (a)(2), with the same force and effect as though process had
been served within this state, but only causes of action arising from acts
enumerated in subsection (b) may be asserted against a defendant in an
action in which jurisdiction over the defendant is based upon this sub-
section.

      (d) Nothing contained in this section limits or affects the right to
serve any process in any other manner provided by law.

      New Sec.  25. (a) When an answer has been filed in an action or if
the defendant appears and disputes the claims in the petition commenced
pursuant to the provisions of the code of civil procedure for limited ac-
tions, any party may submit to any other party a written request for that
party to admit:

      (1) The genuineness of any relevant document described in and at-
tached to the request; or

      (2) the truth of any relevant matter of fact set forth in the request.
The request shall be in a form which will permit the party to whom it is
submitted to answer the questions on the request form under oath. A
request for admissions may not contain more than 10 requests unless
permission of the court is obtained to increase the number.

      (b) Each of the matters requested shall be deemed to be admitted
for purposes of the pending lawsuit, unless within 15 days after the re-
quest is served, the party to whom the request is directed submits to the
party propounding the request either:

      (1) A sworn statement denying specifically the matters requested; or

      (2) written objections on the ground that some or all of the requested
admissions are privileged or irrelevant or that the request is otherwise
improper in whole or in part.

      (c) If the answering party cannot truthfully admit or deny a request,
the party shall set forth in detail the reasons why. If the answering party
denies a request, the denial shall be in good faith and shall fairly address
the substance of the request. If in good faith the answering party can
deny only a part of the request or qualify a request, the party shall specify
which part is admitted and qualify or deny the remaining part. If the
answering party objects to a request, the party shall notify the court and
the party propounding the request and schedule a hearing on the objec-
tion to be held within 10 days after making the objection.

      New Sec.  26. If a party to whom a request for admission has been
submitted denies under oath any matter requested, and the party sub-
mitting the request later proves the genuineness of any document or the
truth of any matter of fact denied by the answering party, the party sub-
mitting the request may ask the court for an order requiring the answering
party to pay the reasonable expenses incurred in making such proof, in-
cluding reasonable attorney fees. The court shall enter the order unless
the court finds that there were good reasons for the denial or that the
admissions sought were of no substantial importance.

      New Sec.  27. (a) Any party may submit to any other party up to 10
interrogatories. The party receiving the interrogatories shall submit an-
swers or objections, if any, to the party submitting the same within 15
days after the interrogatories are submitted to the receiving party. On
motion, the court may allow a longer time to answer or may permit a
greater number of interrogatories to be submitted.

      (b) The provisions of K.S.A. 60-233, and amendments thereto, shall
be applicable to interrogatories pursuant to this section, except that the
provisions of this section relating to the time when interrogatories are to
be answered shall be applicable. The general discovery provisions of sub-
sections (b), (c) and (e) of K.S.A. 60-226, and amendments thereto, and
the sanction provisions of K.S.A. 60-237, and amendments thereto, as
such sections relate to interrogatories, shall be applicable to interroga-
tories pursuant to this section.

      New Sec.  28. Subpoenas may be issued by the clerk of the district
court under the seal of such court or by the judge to compel the attend-
ance of witnesses or for the production of documentary evidence in the
manner provided in K.S.A. 60-245, and K.S.A. 60-245a, and amendments
thereto. Subpoenas shall be served in accordance with sections 19 through
24, and amendments thereto, and shall be accompanied by the fees for
one day's attendance and the mileage allowed by law.

      New Sec.  29. (a) Any party to an action pursuant to the code of civil
procedure for limited actions may take the testimony of any person, in-
cluding a party, either within or without the state, by deposition upon
oral examination or written questions but only for use as evidence in the
action. Unless the court orders otherwise, the parties may by written
stipulation provide that depositions may be taken before any person, at
any time or place, upon any notice, and in any manner and when so taken
may be used like other depositions. The taking of such depositions shall
be governed by the provisions of K.S.A. 60-228, subsections (b) through
(h) of K.S.A. 60-230, K.S.A. 60-231 and subsection (d) of K.S.A. 60-232,
and amendments thereto, except that any party desiring to take a depo-
sition shall first file with the court, and serve on all other parties to the
action, a motion that the taking of such deposition be allowed due to the
existence of at least one of the conditions prescribed in subsection (b) for
the use of depositions as evidence. Within five days after any such motion
has been made, any other party to the action may file an objection to such
motion, and in such event, the court shall hold a hearing within five days
thereof to determine the issue. No deposition shall be taken unless and
until the court shall have granted the motion requesting permission there-
for.

      (b) At the trial, or upon the hearing of a motion or an interlocutory
proceeding, any part or all of a deposition of a witness, whether or not a
party, so far as it is admissible under the rules of evidence, may be used
for any purpose against any party who was present or represented at the
taking of the deposition, or who had due notice thereof, if the court finds
that:

      (1) The witness is dead;

      (2) the witness is outside of the county of the place of trial or hearing,
unless it appears that the absence of the witness was procured by the
party offering the deposition;

      (3) the witness is unable to attend or testify because of age, sickness,
infirmity or imprisonment;

      (4) the party offering the deposition has been unable to procure the
attendance of the witness by subpoena; or

      (5) upon application and notice, that such exceptional circumstances
exist as to make it desirable, in the interest of justice and with due regard
to the importance of presenting the testimony of witnesses orally in open
court, to allow the deposition to be used.

      (c) In addition to the uses of depositions enumerated in subsection
(b), the court on motion may permit the use of depositions as provided
in subsections (b)(1), (2) and (4) of K.S.A. 60-232, and amendments
thereto, in the interest of justice and on such terms and conditions as will
fairly protect the parties.

      New Sec.  30. Production of documents and things for inspection
shall be allowed in accordance with K.S.A. 60-234, and amendments
thereto.

      New Sec.  31. (a) If the defendant appears on the date specified in
the summons and disputes the petition, or on or before such date files
an answer, the court may set the case for a pretrial hearing. Such hearing
shall be held at least 10 days after the date of the defendant's appearance.
All parties shall be notified of the date, time and place for the pretrial
hearing.

      (b) After a case has been set for pretrial, each of the parties shall
submit to the other party before the date scheduled for the pretrial hear-
ing, copies of all documents which support the petition or answer and an
identification of all witnesses who will testify at trial to support the same.

      (c) If the defendant fails to appear at the pretrial hearing, the court
may enter default judgment against the defendant for the relief de-
manded in the petition without further notice. If the plaintiff fails to
appear at the pretrial hearing, the court may dismiss the lawsuit upon
such terms and conditions as the court deems proper.

      (d) If both parties appear at the pretrial hearing, the court shall con-
duct a conference with the parties to clarify the issues for trial and explore
the possibilities of settlement. If the defendant does not have a legal
defense to the petition, the court may enter judgment against the de-
fendant for the relief demanded in the petition or for such other relief
that the court believes is fair and just. If the plaintiff has not stated a
claim upon which relief can be granted, the court may dismiss the peti-
tion.

      New Sec.  32. (a) If a case is not settled or otherwise disposed of at
the pretrial hearing, the case shall be set for trial by the court.

      (b) All lawsuits filed under this act shall be tried by the court, unless
a trial by jury is demanded by one of the parties. Demand for jury trial
shall be made on or before the date of the pretrial conference.

      (c) A lawsuit tried by jury pursuant to the code of civil procedure for
limited actions shall be tried to a jury composed of six persons having the
same qualifications of jurors as other jurors in district court, unless the
parties agree on a lesser number. The court shall summon not less than
12 prospective jurors from the source and in the manner provided for
the summoning of petit jurors in the district court. When there is more
than one plaintiff or more than one defendant in such action, the court
shall summon three additional prospective jurors for each such additional
plaintiff or defendant. Each juror shall be paid as specified in K.S.A. 43-
171, and amendments thereto, for each day of attendance and shall re-
ceive mileage at the rate prescribed in K.S.A. 75-3203, and amendments
thereto. Such jury fees shall be paid by the county. The provisions of
K.S.A. 60-247, subsections (b) through (h) of K.S.A. 60-248, K.S.A. 60-
250 and 60-251, and amendments thereto, shall be applicable to actions
pursuant to the code of civil procedure for limited actions insofar as they
are not inconsistent with the provisions of this act.

      (d) In all trials pursuant to the code of civil procedure for limited
actions, the testimony of witnesses shall be taken orally in open court,
unless otherwise provided by this act. All matters relating to witnesses
and the admission of evidence shall be governed by article 4 of chapter
60 of the Kansas Statutes Annotated, and amendments thereto.

      New Sec.  33. (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 plain-
tiff requests same, without further notice to the defendant.

      (2) If a defendant fails to appear at the time set for a pretrial 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 pretrial or trial hereunder,
judgment may be entered against the plaintiff at the request of the de-
fendant 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, except for the time limits set forth above, shall be in accord-
ance with the applicable provisions of subsection (b) of K.S.A. 60-260,
and amendments thereto.

      (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
subsection (b) of K.S.A. 60-260, and amendments thereto.

      New Sec.  34. (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 of the supreme court of this state.

      (b) One or more cases may be shown on a journal entry or judgment
form as set forth in the rules of the supreme court of this state.

      (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 de-
fault, 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 judg-
ment, the party in whose favor judgment is entered shall be deemed to
have waived such 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 such proceedings were
based was fraudulently obtained.

      New Sec.  35. The provisions of K.S.A. 16-201, 16-204 and 16-205,
and amendments thereto, shall apply to judgments entered under the
code of civil procedure for limited actions.

      New Sec.  36. The provisions of K.S.A. 60-252, 60-259 and 60-260,
and amendments thereto, shall apply to judgments entered under the
code of civil procedure for limited actions where such provisions are not
inconsistent with other provisions of the code.

      New Sec.  37. Actions for the recovery of a fine, forfeiture or penalty,
other than against public utilities or common carriers, must be brought
in the county in which the cause arose, except if the act was committed
on a road or river which forms the boundary of two or more counties the
action may be brought in any one of the bordering counties opposite the
place where the act was committed.

      New Sec.  38. An action against a resident of this state, other than an
action for which venue is otherwise specifically prescribed by law, may
be brought in the county in which:

      (a) The defendant resides;

      (b) the plaintiff resides if the defendant is served therein;

      (c) the cause of action arose;

      (d) the defendant has a place of business or of employment if the
defendant is served therein;

      (e) the estate of a deceased person is being probated if such deceased
person was jointly liable with the defendant and a demand to enforce
such liability has been duly exhibited in the probate proceedings of such
decedent's estate; or

      (f) there is located tangible personal property which is the subject of
an action for the possession thereof if immediate possession is sought in
accordance with section 73, and amendments thereto, at the time of the
filing of the action.

      New Sec.  39. An action against a domestic corporation, or against a
foreign corporation which is qualified to do business in this state, other
than an action for which venue is otherwise specifically prescribed by law,
may be brought in the county in which:

      (a) Its registered office is located;

      (b) the cause of action arose;

      (c) the defendant is transacting business at the time of the filing of
the petition; or

      (d) there is located tangible personal property which is the subject of
an action for the possession thereof if immediate possession is sought in
accordance with section 73, and amendments thereto, at the time of the
filing of the action.

      New Sec.  40. An action against a nonresident of this state, or against
a corporation which is not qualified to do business in this state, other than
an action for which venue is otherwise specifically prescribed by law, may
be brought in the county in which:

      (a) The plaintiff resides, or if the plaintiff is a corporation, in the
county of its registered office or in which it maintains a place of business;

      (b) the defendant is served;

      (c) the cause of action arose;

      (d) the defendant is transacting business at the time of the filing of
the petition;

      (e) there is property of the defendant, or debts owing to the defend-
ant; or

      (f) there is located tangible personal property which is the subject of
an action for the possession thereof if immediate possession is sought in
accordance with section 73, and amendments thereto, at the time of the
filing of the action.

      New Sec.  41. Any action brought against a public utility, common
carrier or transportation system for any liability or penalty or forfeiture,
may be brought in any county into or through which such public utility,
common carrier or transportation system operates regularly.

      New Sec.  42. If there are several plaintiffs properly joined and venue
is determined by the residence of one of them, it shall be necessary that
such plaintiff's claim is a substantial part of the action. If there are several
defendants properly joined, venue of the action may be determined at
the election of the plaintiff as to any one of the defendants against whom
a substantial claim exists. If, before trial of an action on the merits is
commenced, a party with reference to whom venue was determined
ceases to be a party and venue would no longer be proper as to the
remaining parties, on the application of any remaining party promptly
made, the cause shall be transferred to a court of a county of proper
jurisdiction and venue. If there is more than one such county, the transfer
shall be to a county selected by the plaintiff.

      New Sec.  43. In all cases pursuant to the provisions of the code of
civil procedure for limited actions in which it shall be made to appear
that a fair and impartial trial cannot be had in the county where the suit
is pending, for reasons other than the disqualification of the judge, the
court, upon application of either party, may change the place of trial to
the district court of some county where the objection does not exist.

      New Sec.  44. Objection to the venue of an action shall not be allowed
except on timely motion made and for grounds established before trial of
the action is commenced on the merits.

      New Sec.  45. If an action is commenced in good faith and a subse-
quent timely objection to the venue is sustained, or if before trial on the
merit commences, it is found that no cause of action exists in favor of or
against a party upon whom venue was dependent, the action shall be
transferred to a court of proper jurisdiction of any county of proper venue.
If there is more than one such county, the transfer shall be to the court
of a county selected by the plaintiff. In accordance with section 95, and
amendments thereto, the receiving district court shall require the pay-
ment of an appropriate docket fee from the movant.

      New Sec.  46. The provisions of article 7 of chapter 60 of the Kansas
Statutes Annotated, and amendments thereto, relating to attachment shall
govern attachment proceedings for actions pursuant to the code of civil
procedure for limited actions, except the provisions of K.S.A. 60-711, and
amendments thereto, relating to the appointment of a receiver, and the
provisions of article 7 of chapter 60 of the Kansas Statutes Annotated
relating to the attachment of real property, shall not be applicable in
lawsuits filed under the code of civil procedure for limited actions.

      New Sec.  47. Garnishment is a procedure whereby the wages,
money or intangible property of a person can be seized or attached pur-
suant to an order of garnishment issued by the court under the conditions
set forth in the order.

      New Sec.  48. An order of garnishment before judgment may be ob-
tained only upon order of a judge of the district court pursuant to the
procedure to obtain an order of attachment. No order of garnishment
may be obtained before judgment where the property sought to be at-
tached is wages earned by the person being garnished.

      New Sec.  49. (a) As an aid to the collection of a judgment, an order
of garnishment may be obtained at any time after 10 days following judg-
ment. There is no requirement that an execution first be issued and re-
turned unsatisfied.

      (b) The party requesting a garnishment shall file a request in an in-
dividual case or by a master request covering more than one case asking
the court to issue an order of garnishment. The request shall designate
whether the order of garnishment is to be issued to attach earnings or to
attach other property of the judgment debtor. If such party seeks to attach
earnings of the judgment debtor to enforce:

      (1) An order of any court for the support of any person;

      (2) an order of any court of bankruptcy under chapter 13 of the
United States bankruptcy code; or

      (3) a debt due for any state or federal tax, the direction of the party
shall so indicate.

No bond is required for an order of garnishment issued after judgment.

      New Sec.  50. This section shall apply if the garnishment is to attach
intangible property other than earnings of the judgment debtor.

      (a) The order of garnishment shall be substantially in compliance with
the forms set forth in the rules of the supreme court of this state.

      (b) The order of garnishment and the appropriate form for the gar-