Kansas Statutes 60-2008. Dispositive motion fee; authorized only by legislative enactment; exemptions
Terms Used In Kansas Statutes 60-2008
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) On and after the effective date of this act, any party filing a dispositive motion shall pay a fee in the amount of $195 to the clerk of the district court. A poverty affidavit may be filed in lieu of payment of such fee, as established in Kan. Stat. Ann. § 60-2001, and amendments thereto. The fee shall be disbursed in accordance with Kan. Stat. Ann. § 20-362, and amendments thereto. The fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect such fee. Such fee shall be an item allowable as a cost pursuant to Kan. Stat. Ann. § 60-2003, and amendments thereto.
(b) As used in this section, “dispositive motion” means a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment or partial summary judgment or a motion for judgment as a matter of law. “Dispositive motion” also shall include any motion determined by a judge to be seeking any disposition described in this subsection, regardless of the title assigned to such motion at the time of filing.
(c) The state of Kansas and all municipalities in this state, as defined in Kan. Stat. Ann. § 12-105a, and amendments thereto, shall be exempt from paying such fee.
(d) The provisions of this section shall not apply to an action pursuant to the code of civil procedure for limited actions.
(e) This section shall be part of and supplemental to the code of civil procedure.