Chapter 60, PROCEDURE, CIVIL

60-3404. Expiration of act. (a) The provisions of K.S.A. 60-3401 through 60-3403 shall expire on July 1, 1989. (b) This act shall be part of and supplemental to the code of civil procedure. History: L. 1985, ch. 197, § 4; July 1.

60-3405. Findings and purpose. Substantial increases in costs of professional liability insurance for health care providers have created a crisis of availability and affordability. This situation poses a serious threat to the continued availability and quality of health care in K…

60-3406. Definitions. As used in K.S.A. 60-3406 through 60-3410 and amendments thereto: (a) The words and phrases defined by K.S.A. 60-3401 and amendments thereto shall have the meanings provided by that section. (b) "Current economic loss" means costs of medical care and related…

60-3408. Verdict; period for payment for future losses. In every medical malpractice liability action in which the verdict awards damages for future economic losses, the verdict shall specify the period of time over which payment for such losses will be needed. History: L. 1986, …

60-3410. Application of K.S.A. 60-3406 through 60-3408. The provisions of K.S.A. 60-3406 through 60-3408 and amendments thereto shall apply only to medical malpractice liability actions which are based on causes of action accruing on or after July 1, 1986. History: L. 1986, ch. 2…

60-3412. Expert witnesses, qualifications. In any medical malpractice liability action, as defined in K.S.A. 60-3401 and amendments thereto, in which the standard of care given by a practitioner of the healing arts is at issue, no person shall qualify as an expert witness on such…

60-3413. Settlement conference. (a) In any medical malpractice liability action, as defined by K.S.A. 60-3401 and amendments thereto, the court shall require a settlement conference to be held not less than 30 days before trial. (b) The settlement conference shall be conducted by…

60-3414. Severability. If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application and,…

60-3501. Definitions. As used in K.S.A. 60-3501 through 60-3509: (a) "Professional licensee" means any person licensed to practice a profession which a professional corporation is authorized to practice but does not include any health care provider as defined by K.S.A. 40-3401, a…

60-3502. Convening of screening panel; selection of members; list of professional licensees maintained by state agency. (a) If a professional malpractice liability action is filed in a district court of this state and one of the parties to the action requests, by filing a memoran…

60-3503. Notice to parties; designation or selection of professional licensee. The district judge shall notify the parties to the action that a screening panel has been convened. The plaintiff or claimant and the defendant or respondent shall each designate a person licensed in t…

60-3504. Organization and conduct of meetings; rules by supreme court. The screening panel shall convene with notice in writing to all parties and their counsel and shall decide, after consideration of any records or evidence available and the contentions of the parties, whether …

60-3505. Recommendations on issue; concurring and dissenting opinions; notice to parties; copy of opinion to judge; admissibility of screening panel report and subpoena of panel members in subsequent legal proceedings. (a) Within 180 days after the screening panel is commenced, s…

60-3506. Party may file action upon rejecting panel's determination. If one or more of the parties rejects the final determination of the screening panel, the plaintiff may proceed with the action in the district court. History: L. 1987, ch. 214, § 6; July 1.

60-3507. Immunity of members from damages. No member of the screening panel shall be subject to a civil action for damages as a result of any action taken or recommendation made by such member acting without malice and in good faith within the scope of such member's official capa…

60-3508. Compensation and expenses of professional licensee members; payment by parties. (a) Each professional licensee member of the screening panel shall be paid a total of $500 for all work performed as a member of the panel exclusive of time involved if called as a witness to…

60-3509. Tolling of statute of limitations. In those cases before a screening panel which have not been formalized by filing a petition in a court of law, the filing of a memorandum requesting the convening of a screening panel shall toll any applicable statute of limitations and…

60-3601. Immunity from liability for volunteers of certain nonprofit organizations, limitations. (a) As used in this section: (1) "Nonprofit organization" means those nonprofit organizations exempt from federal income tax pursuant to section 501(c) of the Internal Revenue Code of…

60-3606. Definitions. As used in this act: (a) "Athletic official" means a person who administers the rules of a game or sport; and (b) "officiating" means a discretionary act or judgment by an athletic official arising out of and in the course of the game or contest. History: L.…

60-3607. Immunity from liability for athletic officials in the course of officiating. (a) An athletic official shall not be liable for damages in a civil action for ordinary negligence for the actions or omissions arising out of and in the course of officiating at an interscholas…

60-3611. Immunity from liability for volunteers of certain nonprofit homeowners organizations; limitations. (a) As used in this section: (1) "Nonprofit homeowners organization" means those nonprofit organizations exempt from federal income tax pursuant to section 528 of the inter…

60-3614. Immunity from liability for offenders performing community service work; limitations. (a) If an adult offender or juvenile offender has been sentenced to perform community service work by the court, and such offender is performing such services for a governmental entity,…

60-3701. Punitive and exemplary damages; separate proceeding for determination of amount; considerations; limitations; maximum amount of award; application limited. (a) In any civil action in which exemplary or punitive damages are recoverable, the trier of fact shall determine, …

60-3702. Trier of fact determines whether damages allowed; separate proceeding for determination of amount; considerations; limitations; maximum amount of award. (a) In any civil action in which exemplary or punitive damages are recoverable, the trier of fact shall determine, con…

60-3703. Filing an amended pleading to claim punitive damages. No tort claim or reference to a tort claim for punitive damages shall be included in a petition or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damage…

60-3901. Standards of liability of certified public accountants and attorneys to financial institutions. (a) Unless otherwise agreed in writing, certified public accountants, licensed in accordance with article 3 of chapter 1 of the Kansas Statutes Annotated, and their firms, off…

60-3902. Severability. If any provision of this act or the application thereof to any person 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, and to …

60-4001. Definitions. As used in this act: (a) "Engages in a domestic animal activity" means riding, training, boarding, loading, hauling, breeding, racing, providing or assisting in medical treatment of, driving, or being a passenger upon a domestic animal or in or on a vehicle …

60-4002. Affirmative defense of assumption of risk. Except as provided in K.S.A. 60-4003, any participant is assuming the inherent risks of domestic animal activities when such participant engages in a domestic animal activity. The domestic animal activity sponsor or domestic ani…

60-4003. Limitations. (a) Nothing in K.S.A. 60-4002 shall prevent or limit the liability of a domestic animal activity sponsor, a domestic animal professional or any other person if the domestic animal activity sponsor, domestic animal professional or person: (1) (A) Provided the…

60-4004. Posting warning notices, specifications; contract language requirements. (a) Every domestic animal professional shall post and maintain signs which contain the warning notice specified in subsection (b). Such signs shall be placed in a clearly visible location on or near…

60-4101. Citation of act. K.S.A. 60-4101 through 60-4126 and K.S.A. 60-4127, and amendments thereto, shall be known and may be cited as the Kansas standard asset seizure and forfeiture act. History: L. 1994, ch. 339, § 1; L. 2018, ch. 26, § 3; July 1. Law Review and Bar Journal R…

60-4102. Definitions. As used in this act: (a) "Contraband" means any property the possession of which is illegal. (b) "Conveyance" includes any vehicle, trailer, vessel, aircraft or other means of transportation. (c) "Covered offense" means any crime set forth in K.S.A. 60-4104 …

60-4103. Jurisdiction and venue. (a) The district court has jurisdiction under this act over: (1) All interests in property if the property for which forfeiture is sought is within this state at the time the action is filed; or (2) the interest of an owner or interest holder in t…

60-4104. Covered offenses and conduct giving rise to forfeiture. Conduct and offenses giving rise to forfeiture under this act, whether or not there is a prosecution or conviction related to the offense, are: (a) All offenses which statutorily and specifically authorize forfeitur…

60-4105. Property subject to forfeiture. The following property is subject to forfeiture: (a) Property described in a statute authorizing forfeiture; (b) except as otherwise provided by law, all property, of every kind, including, but not limited to, cash and negotiable instrumen…

60-4106. Exemptions; court required to determine whether proposed forfeitures are unconstitutionally excessive. (a) Except as provided in this subsection, all property, including all interests in property, described in K.S.A. 60-4105, and amendments thereto, is subject to forfeit…

60-4107. Seizure of property; notice; limitations on liability; requests for forfeiture; time limitations; federal adoption of seizure, when; limitations; settlements; waiver of rights prohibited. (a) Property may be seized for forfeiture by a law enforcement officer upon process…

60-4108. Management and preservation. (a) Property seized for forfeiture under this act is not subject to alienation, conveyance, sequestration, or attachment, nor is the property subject to a motion or order under K.S.A. 22-2512, and amendments thereto. The seizing agency may re…

60-4109. Commencement of forfeiture proceedings; notice and probable cause affidavit; requirements; forfeiture liens. (a) (1) (A) Forfeiture proceedings shall be commenced by filing: (i) A notice of pending forfeiture or a judicial forfeiture action; and (ii) an affidavit describ…

60-4110. Recognition of exemption. (a) The plaintiff's attorney shall make an opportunity to file a petition for recognition of exemption available in the following manner: (1) The plaintiff's attorney shall acknowledge the opportunity to file a petition for recognition of exempt…

60-4111. Claims; filing of notice of receipt, form and manner. (a) (1) Only an owner of or interest holder in property seized for forfeiture may file a claim, and shall do so in the manner provided in this section. The claim shall be mailed to the seizing agency and to the plaint…

60-4112. Judicial proceedings, generally; probable cause determinations; court determinations of whether forfeitures are unconstitutionally excessive. (a) A judicial forfeiture proceeding under this act is subject to the provisions of this section. (b) The court, on application o…

60-4113. In rem proceedings. (a) A judicial in rem forfeiture proceeding brought by the plaintiff's attorney pursuant to a notice of pending forfeiture or verified petition for forfeiture is also subject to the provisions of this section. If a forfeiture is authorized by this act…

60-4114. In personam proceedings. (a) (1) A judicial in personam forfeiture proceeding brought by the plaintiff's attorney pursuant to an in personam civil action alleging conduct giving rise to forfeiture is also subject to the provisions of this section. If a forfeiture is auth…

60-4115. Substituted assets and supplemental remedies. (a) The court shall order the forfeiture of any other property of an owner or in personam defendant, up to the value of that owner's or defendant's property found by the court to be subject to forfeiture under this act, if an…

60-4116. Judicial disposition of property; court-ordered payment of attorney fees, costs and interest. (a) If no proper claims are timely filed in an action in rem, or if no proper answer is timely filed in response to a complaint, the plaintiff's attorney may apply for an order …

60-4117. Disposition of forfeited property; use of proceeds of sale; tracking and reporting of deposits and expenditures. Except as provided in K.S.A. 65-7014, and amendments thereto: (a) When property is forfeited under this act, the law enforcement agency may: (1) Retain such p…

60-4118. Powers of enforcement personnel. (a) A county attorney, district attorney, the attorney general or such attorney's designee may conduct an investigation of alleged conduct in violation of this act. Such attorney is authorized, before commencement of any civil proceeding …

60-4119. Immunity orders. (a) If a person is or may be called to produce evidence at a deposition, hearing or trial under this act or at an investigation brought by the attorney under K.S.A. 60-4118, and amendments thereto, the district court for the county in which the depositio…