Chapter 60 — PROCEDURE, CIVIL

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. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Docum…

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. Same; 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…

60-3335. History: L. 1995, ch. 204, § 4; Repealed, L. 2006, ch. 30, § 8; July 1. Law Review and Bar Journal References: "Compliance Through Cooperation," Robert W. Parnacott, 65 J.K.B.A. No. 5, 22 (1996). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Arch…

60-3336. Same; 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 …

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. Same; 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 de…

60-3353. Same; 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 un…

60-3354. Same; 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 insuran…

60-3355. Same; affect 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 coll…

60-3356. Same; 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 h…

60-3357. Same; 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. Previous | Next LEGISLATIVE COORDINA…

60-3358. Same; affect 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 doctrin…

60-3401. History: L. 1985, ch. 197, § 1; Expired, July 1, 1989. CASE ANNOTATIONS 1. Statute abrogating collateral source rule (since amended) violates equal protection clauses of state and federal constitutions. Coburn By And Through Coburn v. Agustin, 627 F. Supp. 983, 984, 997 …

60-3402. History: L. 1985, ch. 197, § 2; L. 1988, ch. 209, § 1; Expired, July 1, 1989. CASE ANNOTATIONS 1. Cited; statutes (K.S.A. 60-3407, 60-3409, 60-3411) limiting recovery in medical malpractice actions as unconstitutional examined. Kansas Malpractice Victims Coalition v. Bel…

60-3403. History: L. 1985, ch. 197, § 3; Repealed, L. 1988, ch. 222, § 8; July 1. Source or prior law: 60-471. Law Review and Bar Journal References: "Common Sense and the Common Law, They're not as Common as They Use to Be: A Critique of the Kansas Supreme Court's New Applicatio…

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. Previous | Next LEGISLATIVE COORDINATING COUNCIL G…

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…

60-3407. History: L. 1986, ch. 229, § 13; L. 1988, ch. 216, § 1; Expired, July 1, 1993. Law Review and Bar Journal References: "Bypassing the Bill of Rights—The Kansas Supreme Court's Use of Quid Pro Quo to Analyze the Inviolate Right to Trial by Jury [Miller v. Johnson, 289 P.3d…

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, …

60-3409. History: L. 1986, ch. 229, § 15; Repealed, L. 1989, ch. 143, § 10; July 1. CASE ANNOTATIONS 1. Section unconstitutional on grounds it contravenes Kansas Constitution, Bill of Rights, sections 5 and 18. Kansas Malpractice Victims Coalition v. Bell, 243 Kan. 333, 757 P.2d …

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…

60-3411. History: L. 1986, ch. 229, § 28; Repealed, L. 1989, ch. 143, § 10; July 1. CASE ANNOTATIONS 1. Section unconstitutional on grounds it contravenes Kansas Constitution, Bill of Rights, §§ 5 and 18. Kansas Malpractice Victims Coalition v. Bell, 243 Kan. 333, 757 P.2d 251 (1…

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. Same; 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 license…

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. Previous | Next LEGI…

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…

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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.…