Chapter 60, PROCEDURE, CIVIL

60-31b07. Other remedies. A protected individual who pursues remedies under this act is not precluded from pursuing other legal or equitable remedies against the respondent. History: L. 2005, ch. 146, § 7; July 1.

60-31b08. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: L. 2005, ch. 146, § 8; July 1.

60-31b09. Severability clause. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application. To thi…

60-31b10. Application of orders. This act applies to all protection orders issued and to continuing actions for enforcement of foreign protection orders commenced before and after July 1, 2005. History: L. 2005, ch. 146, § 10; July 1.

60-3201. Power to answer. The Kansas supreme court may answer questions of law certified to it by the supreme court of the United States, a court of appeals of the United States, a United States district court or the highest appellate court or the intermediate appellate court of …

60-3202. Method of invoking. This act may be invoked by an order of any of the courts referred to in K.S.A. 60-3201 upon the court's own motion or upon the motion of any party to the cause. History: L. 1979, ch. 181, § 2; July 1.

60-3203. Contents of certification order. A certification order shall set forth the questions of law to be answered and a statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose. History: L. 1979, ch.…

60-3204. Preparation of certification order. The certification order shall be prepared by the certifying court, signed by the judge or justice presiding at the hearing, and forwarded to the Kansas supreme court by the clerk of the certifying court under its official seal. The Kan…

60-3205. Costs of certification. Fees and costs shall be the same as in civil appeals docketed before the Kansas supreme court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification. History: L. 1979, ch. 18…

60-3206. Briefs and argument. Proceedings in the Kansas supreme court shall be those provided in the court's rules and statutes governing briefs and arguments. History: L. 1979, ch. 181, § 6; July 1.

60-3207. Opinion. The written opinion of the Kansas supreme court stating the law governing the questions certified shall be sent by the clerk under the seal of the court to the certifying court and to the parties. History: L. 1979, ch. 181, § 7; July 1.

60-3208. Power to certify. The supreme court or the court of appeals of this state, on its own motion or the motion of any party, may order certification of questions of law to the highest court of any state when it appears to the certifying court that there are involved in any p…

60-3209. Procedure on certifying. The procedures for certification from this state to the receiving state shall be those provided in the laws of the receiving state. History: L. 1979, ch. 181, § 9; July 1.

60-3210. Severability. If any provision of this act or the application thereof to any person, court, or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application,…

60-3211. Construction. This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. History: L. 1979, ch. 181, § 11; July 1.

60-3212. Citation of act. This act may be cited as the uniform certification of questions of law act. History: L. 1979, ch. 181, § 12; July 1.

60-3301. Citation of act. This act shall be known and may be cited as the "Kansas product liability act." History: L. 1981, ch. 231, § 1; July 1. Law Review and Bar Journal References: "A Primer for Handling a Defective Tire Case: The Plaintiff's View," Stephen N. Six, J.K.T.L.A.…

60-3302. Definitions. (a) "Product seller" means any person or entity that is engaged in the business of selling products, whether the sale is for resale, or for use or consumption. The term includes a manufacturer, wholesaler, distributor or retailer of the relevant product, but…

60-3303. Useful safe life 10-year period of repose; evidence; latent disease exception; reviving certain causes of action. (a) (1) Except as provided in paragraph (2) of this subsection, a product seller shall not be subject to liability in a product liability claim if the produc…

60-3304. Legislative regulatory standards or administrative regulatory safety standards or mandatory government contract specifications; defenses. (a) When the injury-causing aspect of the product was, at the time of manufacture, in compliance with legislative regulatory standard…

60-3305. Manufacturer's or seller's duty to warn or protect against danger, when. In any product liability claim any duty on the part of the manufacturer or seller of the product to warn or protect against a danger or hazard which could or did arise in the use or misuse of such p…

60-3306. Seller not subject to liability, when. (a) A product seller shall not be subject to liability in a product liability claim arising from an alleged defect in a product, if the product seller establishes that: (1) Such seller had no knowledge of the defect; (2) such seller…

60-3307. Inadmissible evidence. (a) In a product liability claim, the following evidence shall not be admissible for any purpose: (1) Evidence of any advancements or changes in technical or other knowledge or techniques, in design theory or philosophy, in manufacturing or testing…

60-3320. Definitions. As used in this act, unless the context requires otherwise: (1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. (2) "Misappropriation…

60-3321. Misappropriation of trade secret; injunctive or other protective relief. (a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be conti…

60-3322. Recovery of damages for misappropriation. (a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages …

60-3323. Award of attorney fees, when. If (i) a claim of misappropriation is made in bad faith, (ii) a motion to terminate an injunction is made or resisted in bad faith, or (iii) willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the…

60-3324. Preservation of trade secret during action. In an action under this act, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, …

60-3325. Time limit for bringing action. An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriat…

60-3326. Application of act. (a) Except as provided in subsection (b), this act displaces conflicting tort, restitutionary and other law of this state providing civil remedies for misappropriation of a trade secret. (b) This act does not affect: (1) Contractual remedies, whether …

60-3327. Uniformity of act. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. History: L. 1981, ch. 214, § 8; July 1. CASE ANNOTATIONS 1. Kansas uniform trade secrets…

60-3328. Citation of act. This act may be cited as the uniform trade secrets act. History: L. 1981, ch. 214, § 9; July 1.

60-3329. Severability of provisions of act. If any provision of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or applic…

60-3330. Act not retroactive. This act does not apply to misappropriation occurring prior to the effective date. With respect to a continuing misappropriation that began prior to the effective date, the act also does not apply to the continuing misappropriation that occurs after …

60-3331. Civil penalty against shoplifter; parental liability for minor; amount; attorney fees and costs; demand for reimbursement; other remedies not precluded. (a) Except as otherwise provided, a merchant may file a civil action to recover a civil penalty against any person who…

60-3332. Definitions. As used in K.S.A. 60-3332 through 60-3339: (a) "Environmental audit" means a voluntary, internal assessment, evaluation or review of a facility or operation, of an activity at a facility or operation or of an environmental management system at a facility or …

60-3333. Environmental audit report; privilege; admissibility of report's contents; exceptions; burden to establish applicability of privilege. (a) Material that is included in an environmental audit report generated during an environmental audit conducted after July 1, 1995, is …

60-3334. Waiver of privilege; exceptions; burden of proof; review; return of report. (a) The privilege recognized in K.S.A. 60-3333, and amendments thereto, does not apply to the extent that the privilege is expressly waived in writing by the person who owns or operates the facil…

60-3336. Information not subject to privilege; agreement to conduct environmental audit; disclosure of environmental audit report. (a) The privilege recognized in K.S.A. 60-3333 shall not extend to: (1) Documents, communications, data, reports or other information required to be …

60-3337. Statutory and common-law privileges not affected. Nothing in this act shall limit, waive or abrogate the scope or nature of any statutory or common-law privilege, including but not limited to the work-product doctrine and the attorney-client privilege. History: L. 1995, …

60-3338. Rebuttable presumption of immunity for voluntary disclosure of environmental law violation, when; burden of proof; authority to require action or seek relief; immunity; limitations; good faith effort to voluntarily disclose violation; abrogation. (a) If any facility owne…

60-3339. Compliance with act shall be considered by tribunal in determining penalties. If a facility owner or operator has implemented an environmental management system, consistent with the primary characteristics prescribed by subsection (d)(2) of K.S.A. 60-3334, and amendments…

60-3351. Insurance compliance self-evaluative privilege. (a) Except as provided in K.S.A. 60-3352 and 60-3353, and amendments thereto, an insurance compliance self-evaluative audit document is privileged information and is not discoverable, or admissible as evidence in any legal …

60-3352. In camera review; effect on admissibility of documents. (a) The privilege set forth in K.S.A. 60-3351, and amendments thereto, shall not apply if, after an in camera review consistent with the code of civil procedure, a court or administrative tribunal of record determin…

60-3353. In camera review; procedure. (a) Within 30 days after the commissioner, attorney general, or a county or district attorney serves on an insurance company a written request by certified mail for disclosure of an insurance compliance self-evaluative audit document under th…

60-3354. Assertion of privilege; burden of proof. (a) Any insurance company asserting the insurance compliance self-evaluative privilege set forth in K.S.A. 60-3351, and amendments thereto, has the burden of demonstrating the applicability of the privilege. Once any insurance com…

60-3355. Effect on certain information and documents. The privilege set forth in K.S.A. 60-3351, and amendments thereto, shall not affect any other privilege and shall not extend to any of the following: (a) Documents, communications, data, reports or other information collected,…

60-3356. Definitions. As used in this act, the following words and phrases shall have the meaning ascribed to them in this section: (a) "Commissioner" means the commissioner of insurance or the commissioner's authorized designee. (b) "Insurance company" or "insurer" shall have th…

60-3357. Applicability. The insurance compliance self-evaluative privilege created by this act shall apply to all litigation or administrative proceedings pending on the effective date of this act. History: L. 2005, ch. 148, § 7; July 1.

60-3358. Effect on other privileges. No provision of this act nor the release of any self-evaluative audit document hereunder shall limit, waive, or abrogate the scope or nature of any statutory or common law privilege including, but not limited to, the work product doctrine, the…