59-2213.
Judgments; verification of the petition; vacation or modification.
No judgment or decree shall be rendered in a probate proceeding without proof. The verification of the petition pursuant to K.S.A. 59-2201 and amendments thereto shall constitute sufficient proof of the statements made in the petition in the absence of written defenses or any appearance by an adverse party. The court shall have control of its orders, judgments, and decrees for 30 days after the date of the rendition thereof. Thereafter such orders, judgments, and decrees may be vacated or modified as provided by subsection (b) of K.S.A. 60-260 of the code of civil procedure.
History:
L. 1939, ch. 180, § 189; L. 1965, ch. 350, § 1; L. 1995, ch. 179, § 1; April 27.
Notes of Decisions
In Re the Adoption of A.A.T., 196 P.3d 1180 (Kan. 2008).
· cites it 6× “had retained Kansas counsel and had begun this action to set aside the adoption pursuant to K.S.A. 59-2213 and K.S.A. 60-260(b). M.P.”
In re the Guardianship of Sokol, 189 P.3d 526 (Kan. Ct. App. 2008).
· cites it 10× “Moshe claims that postjudgment motions in a Chapter 59 proceeding are governed exclusively by K.S.A. 59-2213. Because this statute does not contain a tolling provision for fifing postjudgment motions, as is contained in K.”
In Re the Adoption of B.B.M., 224 P.3d 1168 (Kan. 2010).
“The majority endorsed the district judge’s authority to reconsider his March 6,2008, oral ruling under K.S.A. 59-2213 but disagreed on whether clear and convincing evidence supported termination of Father’s parental rights.”
In re Adoption of J.H.G., 869 P.2d 640 (Kan. 1994).
· cites it 2× “It does not, however, relieve the natural mother of the time frame within which to seek avoidance of her consent.”
In Re the Est. of Newland, 730 P.2d 351 (Kan. 1986).
· cites it 2× “K.S.A. 59-2213 provides that the court shall have control of its orders, judgments, and decrees for thirty days after the rendition thereof.”
In Re the Est. of Rickabaugh, 358 P.3d 859 (Kan. Ct. App. 2015).
· cites it 2× “Under K.S.A. 59-2213, an interested party may act to set aside an order or judgment as provided in K.”
In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007).
“In K.S.A. 59-2213, there is a provision relating to probate judgments which states: “The court shall have control of its orders, judgments, and decrees for 30 days after the date of rendition thereof.”
Hessenflow v. Hessenflow, 909 P.2d 662 (Kan. Ct. App. 1995).
“Lorene argues that the district court may set aside the estate agreement and its previous order by way of K.S.A. 59-2213, which reads in relevant part: “The court shall have control of its orders, judgments, and decrees for thirty days after the date of the rendition thereof.”
In Re the Est. of Leavey, 202 P.3d 99 (Kan. Ct. App. 2009).
· cites it 2× “Eggeson cites K.S.A. 59-2213, which states: “The verification of the petition pursuant to K.”
In re the Est. of Murdock, 884 P.2d 749 (Kan. Ct. App. 1994).
“K.S.A. 59-2213 provides: “No judgment or decree shall be rendered in a probate proceeding without proof.”
Gustafson v. Bowling, 148 P.2d 278 (Kan. 1944).
· cites it 2× “Section 59-2213 makes reference to G. S. 1935, 60-3016, and is only a converse statement of a provision that has been a part of the code of civil procedure ever since the enactment of our first code of civil procedure (Terr.”
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