Trial of action; exclusion of attorneys; appearance by others in a representative capacity; enforcement of judgment; certain judgments null and void

61-2707. Trial of action; exclusion of attorneys; appearance by others in a representative capacity; enforcement of judgment; certain judgments null and void. (a) The trial of all actions shall be to the court, and except as provided in K.S.A. 61-2714, and amendments thereto, no party in any such action shall be represented by an attorney prior to judgment. A party may appear by a full-time employee or officer or any person in a representative capacity so long as such person is not an attorney. Discovery methods or proceedings shall not be allowed nor shall the taking of depositions for any purpose be permitted. No order of attachment or garnishment shall be issued in any action commenced under this act prior to judgment in such action. (b) When entering judgment in the action, the judge shall include as a part of the judgment form or order a requirement that, unless the judgment has been paid, the judgment debtor shall submit to the clerk of the district court, within 30 days after receipt of the form therefor, a verified statement describing the location and nature of property and assets which the person owns, including the person's place of employment, account numbers and names of financial institutions holding assets of such person and a description of real property owned by such person. The court shall also include as a part of the judgment form or order a requirement that, within 14 days of the date judgment is entered, unless judgment has been paid, the judgment creditor shall mail a copy of the judgment form or order to the judgment debtor, together with the form for providing the information required to be submitted under this subsection, and that the judgment creditor shall file with the court proof of the mailing thereof. When the form containing the required information is submitted to the clerk as required by this subsection, the clerk shall note in the record of the proceeding that it was received and then shall mail the form to the judgment creditor. No copy of such form shall be retained in the court records nor shall it be made available to other persons. Upon motion of the judgment creditor, the court may punish for contempt any person failing to submit information as required by this subsection. (c) Any judgment entered under this act on a claim which is not a small claim, as defined in K.S.A. 61-2703, and amendments thereto, or which has been filed with the court in contravention of the limitation prescribed by K.S.A. 61-2704, and amendments thereto, on the number of claims which may be filed by any person, shall be void and unenforceable. History: L. 1973, ch. 239, § 7; L. 1985, ch. 199, § 1; L. 1999, ch. 145, § 2; L. 2006, ch. 13, § 1; L. 2010, ch. 135, § 196; July 1. Law Review and Bar Journal References: "The New Kansas Landlord—Tenant Act," David R. McClure, 15 W.L.J. 202, 204 (1976). "Practicing Law in a Unified Kansas Court System," Linda Diane Henry Elrod, 16 W.L.J. 260, 273 (1977). "Garnishment in Kansas: A Procedural Paradox," Leon B. Graves, 49 J.B.A.K. 129 (1980). "Protecting our Turf," Hon. Marla J. Luckert, 70 J.K.B.A. No. 2, 2 (2001). Attorney General's Opinions: Small claims procedure. 86-107. Corporation's use of small claims procedures without attorney representation. 95-100. CASE ANNOTATIONS 1. Cited; district court hearing small claims appeal de novo cannot grant judgment beyond scope of small claims jurisdiction (K.S.A. 61-2701 et seq.). Armstrong v. Lowell H. Listrom & Co., 11 Kan. App. 2d 448, 452, 725 P.2d 540 (1986). 2. Three separate procedures to resolve civil claims examined and compared. Patterson v. Brouhard, 246 Kan. 700, 703, 792 P.2d 983 (1990). 3. State trial judge entitled to immunity in civil rights claim alleging right to jury trial in small claims court. De Young v. State of Kan., 890 F. Supp. 949, 951 (1995). 4. Mandamus action to prohibit nonattorneys appearing in small claims court dismissed for failure to present justiciable case or controversy. Kansas Bar Ass'n v. Judges of the Third Judicial Dist., 270 Kan. 489, 14 P.3d 1154 (2000). 5. Corporation may appear in small claims court by full-time employee or officer who is not an attorney; statute abrogates common law rule. Babe Houser Motor Co. v. Tetreault, 270 Kan. 502, 14 P.3d 1149 (2000). 6. District court reversed after denying appellee the award of attorney fees. Hodges v. Johnson, 288 Kan. 56, 199 P.3d 1251 (2009). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026