Chapter 60 — PROCEDURE, CIVIL

60-1102. Filing and recording of lien statement; notice of extension. (a) Filing. Any person claiming a lien on real property, under the provisions of K.S.A. 60-1101, and amendments thereto, shall file with the clerk of the district court of the county in which property is locate…

60-1103. Liens of suppliers and subcontractors; procedure, recording and notice; owner's liability; notice of extension. (a) Procedure. Any supplier, subcontractor or other person furnishing labor, equipment, material or supplies, used or consumed at the site of the property subj…

60-1103a. Subcontractors' liens; improvement of residential property. (a) As used in this section, "improvement of residential property" means: (1) Improvement of a preexisting structure in which the owner resides at the time the claimant first furnishes labor, equipment, materia…

60-1103b. Subcontractors' liens; new residential property. (a) As used in this section, "new residential property" means a new structure which is constructed for use as a residence and which is not used or intended for use as a residence for more than two families or for commerci…

60-1104. Assignment. All claims for liens and rights of action to recover therefor under this act shall be assignable so as to vest in the assignee all rights and remedies herein given, subject to all defenses thereto that might be made if such assignment had not been made. Where…

60-1105. Limitations and amendment. (a) Limitations. An action to foreclose a lien under this article shall be brought within one year from the time of filing the lien statement, but if a promissory note has been attached to the lien statement in lieu of an itemized statement, th…

60-1106. Parties. In such actions all persons whose liens are filed as herein provided, and other encumbrancers of record, except those encumbrancers whose lien has priority over the claim of the plaintiff, shall be made parties, and issues shall be made and trials had as in othe…

60-1107. Stay of proceedings. In any action to foreclose a lien under this article if the building or other improvement is still in course of construction, the judge on application of any party engaged in furnishing labor or materials for such building or improvement, may stay th…

60-1108. Action by landowner for adjudication, cancellation. If any lien or liens are filed under the provisions of this article and no action to foreclose any of such liens is commenced, the owner of the land may file such owner's petition in the district court of the county in …

60-1109. Pro rata distribution. If the proceeds of the sale be insufficient to pay all the claimants, then the court shall order them to be paid in proportion to the amount due each. History: L. 1963, ch. 303, 60-1109; January 1, 1964. Source or prior law: L. 1862, ch. 137, § 17;…

60-1110. Bond to secure payment of claims. The contractor or owner may execute a bond to the state of Kansas for the use of all persons in whose favor liens might accrue by virtue of this act, conditioned for the payment of all claims which might be the basis of liens in a sum no…

60-1111. Public works bond. (a) Bond by contractor. Except as provided in this section, whenever any public official, under the laws of the state, enters into contract in any sum exceeding $100,000 with any person or persons for the purpose of making any public improvements, or c…

60-1112. Certificate of deposit authorized for state capital improvement projects. (a) The director of purchases may accept a certificate of deposit payable to the state instead of any required surety bond from a bidder or contractor in the case of any contract for construction, …

60-1201. Proceedings for relief. Relief in the form of quo warranto shall be obtained under the same procedure as relief in other civil actions. History: L. 1963, ch. 303, 60-1201; January 1, 1964. Source or prior law: G.S. 1868, ch. 80, § 652; L. 1909, ch. 182, § 679; R.S. 1923,…

60-1202. Jurisdiction and grounds. Such action may be brought in the supreme court or in the district court in the following cases: (1) When any person shall usurp, intrude into or unlawfully hold or exercise any public office, or shall claim any franchise within this state, or a…

60-1203. Name in which action prosecuted; damages. Where the action is brought by a person claiming an interest in an office, franchise or corporation, or claiming an interest adverse to a resolution, ordinance, franchise, gift or grant, which is the subject of the action, it sha…

60-1204. Judgments. (a) Where party claims office. If judgment be rendered in favor of a party claiming an office he or she shall proceed to exercise the functions of the office, after he or she has been qualified as required by law, and the court shall order the defendant to del…

60-1205. Grounds for forfeiture of public office. Every person holding any office of trust or profit, under and by virtue of any of the laws of the state of Kansas, either state, district, county, township or city office, except those subject to removal from office only by impeac…

60-1206. Instituting ouster proceedings. (a) On complaint. The attorney general or any county attorney in the county of his or her jurisdiction, upon receiving written notice that an officer covered by K.S.A. 60-1205 has violated any of the provisions thereof, shall investigate t…

60-1207. Suspension of officer during hearing. Upon application to the court before which the petition for ouster is pending, an officer may be suspended from performing any of the officer's duties, pending a final hearing and determination of the matter; and the authority having…

60-1208. Witnesses. (a) Testimony; violations. In an investigation of grounds for ouster the attorney general and the county attorneys of the several counties of the state of Kansas shall have the power and they are hereby authorized and directed whenever complaint has been made …

60-1301. Appointment. A justice of the supreme court, a judge of the court of appeals or a district judge, or in the district judge's absence from the county a district magistrate judge, shall have authority to appoint a receiver in conformity with the provisions of K.S.A. 60-130…

60-1302. Oath and bond. The receiver shall before entering upon his or her duties, (1) be sworn to perform them faithfully, and (2) execute a bond with sufficient sureties to such persons on such conditions and in such sum as the judge shall direct. Additional bond may be require…

60-1303. Powers. The receiver shall perform such acts respecting the property or business as the judge may authorize. History: L. 1963, ch. 303, 60-1303; January 1, 1964. Source or prior law: G.S. 1868, ch. 80, § 257; L. 1909, ch. 182, § 269; R.S. 1923, 60-1204. CASE ANNOTATIONS …

60-1304. Petition for appointment; specifications; notice; bond; application to nonresidents. A receiver shall not be appointed unless: (a) The petition or application for appointment specifies, to the extent known to the petitioner or applicant, the general character and probabl…

60-1305. Appeal. An aggrieved party may, within 14 days, appeal from an order appointing or refusing to appoint a receiver without awaiting final determination of the proceeding. If a receiver has been appointed and the appellant files an appeal bond with such terms and condition…

60-1401. Jurisdiction and costs. The district court shall have authority to change the name of any person, township, town or city within this state at the cost of the petitioner without affecting any legal right. History: L. 1963, ch. 303, 60-1401; January 1, 1964. Source or prio…

60-1402. Change of name of person; notice; order. (a) Petition. A petition may be filed in the county in which the petitioner resides stating: (1) That the petitioner has been a resident of the state for at least 60 days, (2) the reason for the change of name, and (3) the name de…

60-1403. Municipalities. A petition for the change of name of any township, town, or city may be filed in the district court of such county, signed by a majority of the legal voters of such body, setting forth the cause why such change is desirable and the name to be substituted.…

60-1501. Jurisdiction and right to writ; time limitations. (a) Subject to the provisions of K.S.A. 60-1507, and amendments thereto, any person in this state who is detained, confined or restrained of liberty on any pretense whatsoever, and any parent, guardian, or next friend for…

60-1502. Petition. The petition shall be verified and state: (1) The place where the person is restrained and by whom; (2) the cause or pretense of the restraint to the best of plaintiff's knowledge and belief; and (3) why the restraint is wrongful. Individuals in the custody of …

60-1503. The writ. (a) Issuance. The petition shall be presented promptly to a judge in the district court in accordance with the procedure of the court for the assignment of court business. The petition shall be examined promptly by the judge to whom it is assigned. If it plainl…

60-1504. Answer. (a) Time. Except as provided in subsection (b), the person to whom the writ is directed shall file an answer thereto within 72 hours after the writ is served or at such other time as shall be specified in the writ. (b) Time; exceptions. If the petition for writ c…

60-1505. Hearing. (a) Summary proceedings. The judge shall proceed in a summary way to hear and determine the cause and may do so regardless of whether the person restrained is present. If the plaintiff is an inmate in the custody of the secretary of corrections and the motion an…

60-1506. Warrant in aid of writ. (a) Issuance. If it be made to appear by affidavit that a person may be carried out of the jurisdiction or suffer irreparable injury before compliance with the writ can be enforced, the judge may cause a warrant to be issued commanding such person…

60-1507. Prisoner in custody under sentence; motion attacking sentence, hearing and judgment; time limitations. (a) Motion attacking sentence. A prisoner in custody under sentence of a court of general jurisdiction claiming the right to be released upon the ground that the senten…

60-1601. Revisor's Note: Section transferred to 23-2701. 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 …

60-1602. Revisor's Note: Section transferred to 23-2702. 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 …

60-1603. Revisor's Note: Section transferred to 23-2703. 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 …

60-1604. Revisor's Note: Section transferred to 23-2704. 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 …

60-1605. Revisor's Note: Section transferred to 23-2705. 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 …

60-1606. Revisor's Note: Section transferred to 23-2706. 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 …

60-1607. Revisor's Note: Section transferred to 23-2707. 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 …

60-1608. History: L. 1963, ch. 303, 60-1608; L. 1970, ch. 239, § 1; L. 1977, ch. 204, § 3; L. 1981, ch. 235, § 1; L. 1982, ch. 152, § 8; L. 1991, ch. 171, § 1; L. 1996, ch. 186, § 1; L. 1997, ch. 173, § 31; Repealed, L. 2011, ch. 26, § 47; July 1. Source or prior law: L. 1913, ch…

60-1609. Revisor's Note: Section transferred to 23-2714. 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 …

60-1610. History: L. 1963, ch. 303, 60-1610; L. 1965, ch. 355, § 6; L. 1975, ch. 305, § 1; L. 1976, ch. 256, § 1; L. 1978, ch. 231, § 30; L. 1979, ch. 185, § 1; L. 1980, ch. 175, § 2; L. 1981, ch. 236, § 1; L. 1982, ch. 152, § 9; L. 1983, ch. 199, § 1; L. 1985, ch. 144, § 6; L. 1…

60-1610a. History: L. 1979, ch. 120, § 3; Repealed, L. 1982, ch. 152, § 30; January 1, 1983. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance …

60-1611. History: L. 1963, ch. 303, 60-1611; L. 1965, ch. 355, § 7; L. 1978, ch. 231, § 31; L. 1982, ch. 152, § 10; L. 2000, ch. 171, § 80; Repealed, L. 2011, ch. 26, § 47; July 1. Source or prior law: L. 1907, ch. 184, § 1; R.S. 1923, 60-1518; L. 1935, ch. 220, § 1. Law Review a…

60-1612. History: L. 1982, ch. 152, § 11; L. 1985, ch. 115, § 49; L. 2000, ch. 171, § 16; Repealed, L. 2011, ch. 26, § 47; July 1. Law Review and Bar Journal References: "Survey of Kansas Law: Family Law," Nancy G. Maxwell, 37 K.L.R. 801, 816 (1989). CASE ANNOTATIONS 1. S.R.S. no…

60-1613. History: L. 1982, ch. 152, § 12; L. 1983, ch. 199, § 2; L. 1985, ch. 115, § 50; L. 2011, ch. 26, § 43; Repealed, L. 2012, ch. 162, § 90; May 31. Law Review and Bar Journal References: "Kansas Enacts New Provisions for Child Support Enforcement—Mandatory Wage Withholding,…