Chapter 60 — PROCEDURE, CIVIL

60-4302. History: L. 1995, ch. 257, § 10; Repealed, L. 2022, ch. 31, § 6; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents U…

60-4303. History: L. 1995, ch. 257, § 11; Repealed, L. 2022, ch. 31, § 6; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents U…

60-4304. History: L. 1995, ch. 257, § 12; Repealed, L. 2022, ch. 31, § 6; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents U…

60-4305. History: L. 1996, ch. 195, § 5; L. 2012, ch. 16, § 26; Repealed, L. 2022, ch. 31, § 6; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived Scho…

60-4401. Citation of act. K.S.A. 60-4401 through 60-4407, and amendments thereto, shall be known and may be cited as the "prevention of assisted suicide act." History: L. 1998, ch. 142, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived L…

60-4402. Definitions. As used in K.S.A. 21-5407, K.S.A. 60-4401 through 60-4407, 65-1120, 65-1436, 65-1627i, 65-2006 and 65-2836, and amendments thereto: (a) "Licensed health care professional" means a person licensed to practice medicine and surgery, licensed podiatrist, license…

60-4403. Standard of conduct of licensed health care professional related to assisting suicide; family member conduct; spiritual treatment. (a) A licensed health care professional who administers, prescribes or dispenses medications or procedures to relieve another person's pain …

60-4404. Cause of action for injunctive relief against person about to violate assisting suicide law. (a) A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating K.S.A. 21-…

60-4405. Cause of action for civil damages against person violating assisting suicide law. A cause of action for civil damages may be maintained against any person who violates or who attempts to violate K.S.A. 21-5407, and amendments thereto, by any person who is the spouse, par…

60-4406. Injunctive relief or civil action; attorney fees awarded. Reasonable attorney fees shall be awarded to the prevailing plaintiff in a civil action brought pursuant to K.S.A. 60-4404 or 60-4405 and amendments thereto, or in a proceeding for a judgment of contempt of court …

60-4407. Severability clause. If any one or more provision, section, subsection, sentence, clause, phrase or word of this act* or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of …

60-4501. Authority to bring certain civil actions against firearms or ammunition manufacturers reserved to state; exception for breach of contract or warranty. (a) The authority to bring civil suit and right to recover against any firearms or ammunition manufacturer or federally …

60-4601. Immunity from liability for owners of anhydrous ammonia. As used in this act: (a) (1) "Owner" means: (A) Any person who lawfully owns anhydrous ammonia; (B) any person who lawfully owns a container, equipment or storage facility containing anhydrous ammonia; (C) any pers…

60-4701. Definitions. As used in this act: (a) "Action" means any civil action or arbitration proceeding between a claimant and a contractor for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of…

60-4702. Filing of action; notice requirements. (a) If a claimant files an action against a contractor without service of notice under this act, the action shall be dismissed without prejudice upon motion of the contractor filed within 60 days of service of process. An action aga…

60-4703. Application of act. (a) Nothing in this act shall apply to actions arising out of claims for personal injury or death or where the defect or damage to the dwelling is so substantial that it is not habitable. (b) This act shall not supersede express warranty, implied warr…

60-4704. Initial notice of claim; service; response; inspection proposal; settlement offer; offer to remedy; acceptance or rejection of offer; failure to respond. (a) Before the filing of an action brought against a contractor arising out of the construction of a dwelling, the cl…

60-4705. Notice of construction defect to insurer. (a) A contractor who receives a notice of a construction defect pursuant to this act, may present the notice to an insurer who issued a policy of insurance covering all or part of the conduct or business of the contractor or subc…

60-4706. Notice to potential claimant of contractor's right to offer repair; form. (a) Upon entering into a contract for construction or remodel of a dwelling, the contractor shall provide notice to the potential claimant of the contractor's right to offer to repair construction …

60-4707. Notice to purchaser of subcontractors. Each contractor who constructs a new residential dwelling shall, within 30 days after the close of the sale, provide in writing to the initial purchaser of the residence: (a) The name, license number if applicable, business address …

60-4708. Association actions; property manager actions; unlawful acts. (a) A person shall not provide or offer to provide anything of monetary value to a property manager of an association or to a member or officer of an executive board of an association to induce the property ma…

60-4709. Association action for construction defects in common-interest community; majority vote. (a) An association may bring an action to recover damages resulting from construction defects in any of the units, common elements or limited common elements of the common-interest c…

60-4710. Severability clause. 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 this act which can be given effect without the invalid provision or application,…

60-4801. Immunity from liability for claims arising out of weight gain or obesity. (a) Except as provided in subsection (b), a manufacturer, producer, packer, distributor, carrier, holder, seller, marketer, or advertiser of a food (as defined in Section 201 (f) of the federal foo…

60-4802. Severability clause. The provisions of this act are severable. If any portion of this act is declared unconstitutional or the application of any part of this act to any person or circumstance is held invalid, the remaining portions of the act and their applicability to a…

60-4901. Silica and asbestos claims act; definitions. As used in this act, unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them in this section: (a) "AMA guides to the evaluation of permanent impairment" means the America…

60-4902. Claim requirements. (a) Physical impairment of the exposed person shall be an essential element in any civil action alleging a silica or asbestos claim. (b) No person shall bring or maintain a civil action alleging an asbestos claim based on a nonmalignant condition in t…

60-4903. Filing of prima facie evidence of claim. (a) The plaintiff in any civil action alleging a silica or asbestos claim shall file within 60 days of the filing of the complaint or petition or other initial pleading a written report and supporting test results constituting pri…

60-4904. Preclusion of claims, when. (a) Notwithstanding any other provision of the Kansas Statutes Annotated, and amendments thereto, for any claim based upon a nonmalignant condition resulting from silica or asbestos that is not barred as of the effective date of this act, the …

60-4905. Premises owner liability. The following apply to all civil actions for silica or asbestos claims brought against a premises owner to recover damages or other relief for exposure to silica or asbestos on the premises owner's property: (a) No premises owner shall be liable…

60-4906. Effect on other laws. (a) Nothing in K.S.A. 60-4901 to 60-4905, inclusive, and amendments thereto, is intended or shall be construed to: (1) Apply to or affect the rights of any party in bankruptcy proceedings. (2) Apply to or affect the ability of any person who is able…

60-4907. Burden of proof. (a) In any civil action under this act, and amendments thereto, alleging an asbestos or silica claim, the party with the burden of establishing the claim or affirmative defense must show that the alleged exposure attributable to a given person or party w…

60-4908. Applicability of act. This act shall apply to all civil actions that allege a silica or asbestos claim that are filed on or after the effective date of this act. History: L. 2006, ch. 196, § 8; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 202…

60-4909. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to…

60-4910. Preemption by federal law, effect of. If any provision of this act or the application thereof to any person or circumstance is held to be preempted by federal law, the preemption shall not affect other provisions or applications of the act which can be given effect. Hist…

60-4911. Citation of act. K.S.A. 60-4901 through 60-4911 may be cited as the silica and asbestos claims act. History: L. 2006, ch. 196, § 11; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STA…

60-4912. Citation of act. K.S.A. 60-4912 through 60-4918, and amendments thereto, may be cited as the asbestos trust claims transparency act. History: L. 2018, ch. 25, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archi…

60-4913. Definitions. The following definitions apply to this act: (a) "Asbestos" has the same meaning as defined in K.S.A. 60-4901, and amendments thereto. (b) "Asbestos claim" has the same meaning as defined in K.S.A. 60-4901, and amendments thereto. (c) "Asbestos trust" means …

60-4914. Duties of plaintiff. (a) No later than 30 days prior to the date the court establishes for the completion of all fact discovery, the plaintiff, and any person who is representing the plaintiff or has a fiduciary duty to the plaintiff with respect to the asbestos claim, s…

60-4915. Filing of asbestos trust claims. (a) A defendant may file a motion no later than the date the court establishes for the completion of all fact discovery identifying the asbestos trust claims the defendant believes the plaintiff can file and include information supporting…

60-4916. Discovery. (a) Trust claim materials and trust governance documents are presumed to be relevant and authentic, and are admissible in evidence in an asbestos claim. A claim of privilege does not apply to any trust claim materials or trust governance documents. (b) A defen…

60-4917. Reopening of judgment. (a) If the plaintiff or a person on the plaintiff's behalf files an asbestos trust claim after the plaintiff obtains a judgment in an asbestos claim, and that asbestos trust was in existence at the time the plaintiff obtained the judgment, the tria…

60-4918. Applicability of act. This act shall apply to all asbestos claims filed on or after July 1, 2018. History: L. 2018, ch. 25, § 7; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTE…

60-5001. Civil action for victims of child pornography. (a) Any person who, while under the age of 18, was a victim of an offense described in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Anno…

60-5002. Civil action for victims of terrorism or the furtherance of terrorism or illegal use of weapon of mass destruction. (a) A person injured as a result of the conduct of another that would constitute conduct prohibited by K.S.A. 21-5421 or 21-5423, and amendments thereto, m…

60-5003. Civil action for victims of human trafficking or commercial sexual exploitation of a child. (a) A victim of the conduct of another that would constitute conduct prohibited by K.S.A. 21-5426, and amendments thereto, human trafficking or aggravated human trafficking, or K.…

60-5004. Civil action for persons who were wrongfully convicted and imprisoned. (a) As used in this section, "claimant" means a person convicted and subsequently imprisoned for one or more crimes that such person did not commit. (b) Notwithstanding the provisions of any other law…

60-5005. Abusive website access litigation; action by attorney general or resident of this state; factors and presumptions; attorney fees, costs, sanctions; conditional expiration of section, when. (a) (1) This section shall be known and may be cited as the act against abusive we…

60-5006. Civil action to recover damages resulting from a fire event; fire claims against an electric public utility; standard of evidence; statute of limitations; maximum amount of punitive damages. (a) As used in this section: (1) "Commission" means the state corporation commis…

60-5101. Legislative declaration. While the legislature fully recognizes the right to contract freely under the laws of this state, it also recognizes that this right may be reasonably and rationally circumscribed pursuant to the state's interest to protect and promote rights and…