60-3004.
Stay of enforcement of foreign judgment.
(a) If the judgment debtor shows the district court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
(b) If the judgment debtor shows the district court any ground upon which enforcement of a judgment of any district court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state subject to the provisions of subsection (d) of K.S.A. 60-2103, and amendments thereto.
History:
L. 1970, ch. 243, § 4; L. 2005, ch. 203, § 3; July 1.
Notes of Decisions
Cited in
11
cases, 1925–2010 · leading case:
Padron v. Lopez, 220 P.3d 345 (Kan. 2009).
Padron v. Lopez, 220 P.3d 345 (Kan. 2009).
· cites it 4× “Nevertheless, the concept of the finality of judgment is incorporated in K.S.A. 60-3004(a), which permits the fifing of foreign judgments that have been appealed or are subject to appeal, but it requires that enforcement of such judgments be stayed until the appeal is concluded,…”
Tanner v. Hancock, 619 P.2d 1177 (Kan. Ct. App. 1980).
· cites it 2× “in Kansas a Missouri judgment which had been registered there on the basis of a Kansas judgment still subject to proceedings in the District Court of Johnson County; (2) whether the trial court erroneously failed to require the defendant to furnish security prior to moving to…”
Speth v. Postel (In Re Koksal), 424 B.R. 470 (Bankr. D. Kan. 2010).
· cites it 2× “It recites that, pursuant to the court’s order and K.S.A. 60-3004(b), Debtor tenders and deposits $125,000 Cash Bond for the benefit of Pos-tel.”
Brokmann ex rel. Brokmann v. Lawson, 232 P. 601 (Kan. 1925).
· cites it 2× “If the plaintiff did all he could to mitigate the damages sustained by him, then the defendant was responsible for the remainder, if he were liable at all. The court was justified in setting aside the verdict and granting a new trial because of the error in the instruction, and…”
Hankin v. Graphic Tech., Inc., 222 P.3d 523 (Kan. Ct. App. 2010).
· cites it 6× “As soon as GTI obtained a stay in Pennsylvania (after the Kansas garnishment was complete), the Johnson County District Court originally correctly stayed enforcement here as is required by K.S.A. 60-3004. Since the Kansas garnishment had been completed before the Pennsylvania…”
Friesen v. W. Grain Dealers Mut. Fire Ins., 240 P. 414 (Kan. 1925).
· cites it 4× “Section 60-3004 of the Revised Statutes reads in part: “A new trial shall not be granted as to any issues in a case unless on the pleadings and all the evidence offered at the trial and on the motion for a new trial, the court shall be of the opinion that the verdict or decision…”
State v. Collins, 266 P. 937 (Kan. 1928).
· cites it 2× “The evidence was not produced on the hearing of the motion for a new trial; and, under section 60-3004 of the Revised Statutes, its exclusion cannot be considered.”
Wagner v. Bd. of Cnty. Commissioners, 276 P. 74 (Kan. 1929).
· cites it 2× “” Section 60-3004 of the Revised Statutes, in part, provides that — ■ “A new trial shall not be granted as to any issues in a case unless on the pleadings and all the evidence offered at the trial and on the motion for a new trial the court shall be of the opinion that the…”
Leake v. Chaddock, 283 P. 625 (Kan. 1930).
· cites it 2× “Section 60-3004 of the Revised Statutes, in part, reads: “A new trial shall not be granted as to any issues in a case unless on the pleadings and' all the evidence offered at the trial and on the motion for a new trial the court shall be of the opinion that the verdict or…”
Butler v. Beaver, 265 P. 1106 (Kan. 1928).
· cites it 2× “Under section 60-3004 of the Revised Statutes and repeated decisions of this court, the complaints concerning the exclusion of evidence cannot be considered.”
— K.S.A. § 60-3004(a) — 4 cases
Padron v. Lopez, 220 P.3d 345 (Kan. 2009).
“Nevertheless, the concept of the finality of judgment is incorporated in K.S.A. 60-3004(a), which permits the fifing of foreign judgments that have been appealed or are subject to appeal, but it requires that enforcement of such judgments be stayed until the appeal is concluded,…”
Tanner v. Hancock, 619 P.2d 1177 (Kan. Ct. App. 1980).
“in Kansas a Missouri judgment which had been registered there on the basis of a Kansas judgment still subject to proceedings in the District Court of Johnson County; (2) whether the trial court erroneously failed to require the defendant to furnish security prior to moving to…”
Hankin v. Graphic Tech., Inc., 222 P.3d 523 (Kan. Ct. App. 2010).
“As soon as GTI obtained a stay in Pennsylvania (after the Kansas garnishment was complete), the Johnson County District Court originally correctly stayed enforcement here as is required by K.S.A. 60-3004. Since the Kansas garnishment had been completed before the Pennsylvania…”
— K.S.A. § 60-3004(b) — 1 case
Speth v. Postel (In Re Koksal), 424 B.R. 470 (Bankr. D. Kan. 2010).
“It recites that, pursuant to the court’s order and K.S.A. 60-3004(b), Debtor tenders and deposits $125,000 Cash Bond for the benefit of Pos-tel.”
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