Kansas Statutes 61-2911. Claims beyond the scope of actions authorized by K.S.A. 61-2802
(a) Whenever a plaintiff demands judgment beyond the scope of actions authorized by the provisions of Kan. Stat. Ann. § 61-2802, and amendments thereto, the court shall either:
(1) Transfer the action to the chief judge of the judicial district for assignment and hearing pursuant tochapter 60 of the Kansas Statutes Annotated, and amendments thereto, assessing the increased docket fee to the plaintiff; or (2) allow the plaintiff to amend the pleadings and service of process to bring the demand for judgment within the scope of actions authorized by the provisions of Kan. Stat. Ann. § 61-2802, and amendments thereto, assessing the costs accrued to the plaintiff.
Terms Used In Kansas Statutes 61-2911
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Docket: A log containing brief entries of court proceedings.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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.
- Service of process: The service of writs or summonses to the appropriate party.
(b) If a defendant asserts a counterclaim or cross-claim beyond the scope of the code of civil procedure for limited actions, the case shall be referred by the chief judge for assignment and hearing pursuant tochapter 60 of the Kansas Statutes Annotated, and amendments thereto, assessing the increased docket fee to the defendant.