60-265.
Applicability of article.
(a)
Generally.
The provisions of this article apply to civil actions and proceedings in the district courts, other than actions commenced pursuant to the code of civil procedure for limited actions.
(b)
Additional circumstances when this article may be applicable.
In actions and proceedings in the district courts, other than civil actions, the codes of procedure adopted for those proceedings must govern. When the codes of procedure adopted for proceedings in the district court other than civil actions, or the codes of procedure for any other court, commission or other judicial or quasi-judicial body, fail to contain a specific provision on a particular procedure, then the provisions of this article may be adopted.
(c)
Matters not specifically included in this article.
When no provision in this article refers specifically to a matter over which the court has jurisdiction, the court must proceed in a just and equitable manner that protects the rights and interests of all affected parties.
History:
L. 1963, ch. 303, 60-265; L. 1976, ch. 251, § 7; L. 2000, ch. 161, § 111; L. 2010, ch. 135, § 139; July 1.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1967–2022 · leading case:
Daniels v. Chaffee, 630 P.2d 1090 (Kan. 1981).
Daniels v. Chaffee, 630 P.2d 1090 (Kan. 1981).
· cites it 4× “Likewise, K.S.A. 60-265 recognizes that the code is to be applied with flexibility to see that justice is done in a particular case.”
In the Interest of Kerns, 594 P.2d 187 (Kan. 1979).
· cites it 2× “60-201 (Corrick) as follows: “This article governs the procedure in the district courts of Kansas and original proceedings in the supreme court in all suits of a civil nature whether cognizable as cases at law or in equity with the exceptions stated in section 60-265.” K.S.A.…”
Long v. Riggs, 617 P.2d 1270 (Kan. Ct. App. 1980).
· cites it 2× “One commentator, remarking upon provisions of K.S.A. 60-265 which also addresses the applicable scope of Article 2, recognizes that some of the procedures, although not specifically imposed upon the appellate court, might nevertheless be applicable: *418 “While the section is…”
Pittsburg State Univ. v. Kansas Bd. of Regents, 36 P.3d 853 (Kan. Ct. App. 2001).
“Chapter 60: “This article governs the procedure in the district courts of Kansas, other than actions commenced pursuant to chapter 61 of the Kansas Statutes Annotated, and any amendments thereto, and governs the procedure in all original proceedings in the supreme court and all…”
Danes v. St. David's Episcopal Church, 752 P.2d 653 (Kan. 1988).
“In addition, under K.S.A. 60-265, the code “is to be applied with flexibility to see that justice is done in a particular case.”
Dieter v. Lawrence Paper Co., 697 P.2d 1300 (Kan. 1985).
“This article governs the procedure in the district courts of Kansas, other than actions commenced pursuant to chapter 61 of the Kansas Statutes Annotated, and any amendments thereto, and governs the procedure in all original proceedings in the supreme court in all suits of a…”
Smith v. State, 427 P.2d 625 (Kan. 1967).
· cites it 2× “It reads: “This article governs the procedure in the district courts of Kansas and original proceedings in the supreme court in all suits of a civil nature whether cognizable as cases at law or in equity with die exceptions stated in section 60-265.” K. S. A. 60-260 is a part of…”
Kuenstler v. Kansas Dep't of Revenue, 197 P.3d 874 (Kan. Ct. App. 2008).
“60-201 states the scope of Chapter 60: “This article governs the procedure in the district courts of Kansas, other than actions commenced under the Code of Civil Procedure for Limited Actions and governs the procedure in all original proceedings in the supreme court in all suits…”
Atkinson v. Bd. of Educ., 684 P.2d 424 (Kan. 1984).
“60-201, K.S.A. 60-265. The Board cited federal court decisions which refused to apply Rule 6 (e) of the Federal Rules of Civil Procedure to appeals from various federal administrative boards and *799 agencies.”
Atkinson v. Bd. of Educ. Unified Sch. Dist. No. 383, 675 P.2d 917 (Kan. Ct. App. 1984).
“60-201, K.S.A. 60-265. Defendant cites federal court decisions which have refused to apply Rule 6 (e) of the Federal Rules of Civil Procedure to appeals from various federal administrative boards and agencies.”
White v. Shipman (Kan. Ct. App. 2017).
“60- 265(c) ("When no provision in this article refers specifically to a matter over which the court has jurisdiction, the court must proceed in a just and equitable manner that protects the rights and interests of all affected parties.”
R.W. v. C.M. (Kan. Ct. App. 2022).
“" K.S.A. 2020 Supp. 60-265(c). Additionally, the Kansas Supreme Court has emphasized that "district courts of this state have broad discretion and powers, independent of the statutory code, to take actions to see that justice is done in a particular case even though there is no…”
— K.S.A. § 60-265(c) — 1 case
R.W. v. C.M. (Kan. Ct. App. 2022).
“" K.S.A. 2020 Supp. 60-265(c). Additionally, the Kansas Supreme Court has emphasized that "district courts of this state have broad discretion and powers, independent of the statutory code, to take actions to see that justice is done in a particular case even though there is no…”
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