59-2408.
Appeal from a district magistrate judge; trial on appeal; pleadings; issues; evidence.
Except as provided for in K.S.A. 59-2401a, and amendments thereto, whenever an appeal has been taken from an order, judgment, decree or decision of a district magistrate judge, the district judge to which the appeal is assigned by the chief judge, without unnecessary delay, shall proceed to hear and determine all issues in the matter de novo and shall allow and may require pleadings to be filed or amended. The right to file new pleadings shall not be abridged or restricted by the pleadings filed, or by failure to file pleadings, in the proceedings before the district magistrate judge; nor shall the trial or the issues to be considered by the district judge be abridged or restricted by any failure to appear or by the evidence introduced, or the absence or insufficiency thereof, in the proceedings before the district magistrate judge.
History:
L. 1939, ch. 180, § 276; L. 1945, ch. 237, § 5; L. 1965, ch. 346, § 49; L. 1976, ch. 242, § 63; L. 1977, ch. 112, § 23; L. 1978, ch. 222, § 2; L. 1986, ch. 115, § 89; L. 1999, ch. 57, § 52; L. 2006, ch. 56, § 4; July 1.
Notes of Decisions
Cited in
12
cases, 1946–2007 · leading case:
Crump v. Crump, 166 P.2d 684 (Kan. 1946).
Crump v. Crump, 166 P.2d 684 (Kan. 1946).
· cites it 4× “The pertinent portion of section 59-2408 reads as follows: “Upon the filing of the transcript the district court, without unnecessary delay, shall proceed to hear and determine the appeal, and in doing so shall have and exercise the same general jurisdiction and power as though…”
In Re Est. of Shirk, 350 P.2d 1 (Kan. 1960).
· cites it 2× “59-2402b provides that upon the filing of a petition to transfer a probate proceeding to the district court, the probate court shall deliver to the district court the files in the matter or so much thereof as will be necessary for determination of the issues raised, and that,…”
In Re the Est. of Pritchard, 154 P.3d 24 (Kan. Ct. App. 2007).
“See K.S.A. 59-2408 (allowing appeal from magistrate’s decision to be taken to district court; district court determines issues de novo).”
In Re the Est. of Barnes, 512 P.2d 387 (Kan. 1973).
· cites it 2× “Pleadings may be filed or amended and trial in, and issues to be considered by, the district court are neither abridged nor restricted by any failure to appear or by the evidence introduced, or the absence or insufficiency thereof, in the probate court (K.S.A. 1972 Supp.…”
In Re Est. of Moe, 729 P.2d 447 (Kan. 1986).
“K.S.A. 59-2408. The district judge found that Moe had orally promised to will certain property to Turner.”
In Re the Est. of Suesz, 613 P.2d 947 (Kan. 1980).
“Appellant next contends K.S.A. 1979 Supp. 59-2408 preserves the right to trial by jury in certain probate matters, such as allowance of a demand, when that issue is appealed from a magistrate judge’s decision.”
Sw. Nat'l Bank v. Sowers, 574 P.2d 224 (Kan. Ct. App. 1977).
“Appellant’s second point on appeal is that the trial court erred in denying him a trial de novo pursuant to K.S.A. 1975 Supp. 59-2408. The argument is that the Sowers will was ambiguous, and the family settlement agreement so recited; hence appellant should have had the…”
In Re Est. of Meyer, 381 P.2d 546 (Kan. 1963).
· cites it 4× “In the Crump case reference was made to Section 59-2408 as amended by the Laws of 1945, and the court distinguished between situations where the probate court did and did not have jurisdiction of the subject matter and the jurisdiction of the district court on appeal where the…”
In Re Est. of Moe, 719 P.2d 7 (Kan. Ct. App. 1986).
“The administrator appeals this decision. When a case is submitted to the district court on appeal from a district magistrate on the printed record, without oral testimony, it is the duty of the district court to reexamine that record and make its own findings of fact and…”
Est. of Holder v. Jochems, 204 P.2d 777 (Kan. 1949).
· cites it 8× “” Section 59-2408 provides: “Upon the filing of the transcript the district court, without unnecessary delay, shall proceed to hear and determine the appeal, and in doing so shall have and exercise the same general jurisdiction and power as though the controversy had been…”
In Re Est. of Sims, 321 P.2d 185 (Kan. 1958).
· cites it 2× “Section 59-2408 applies equally to appeal, certification or transfer to the district court.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.