60-611.
Effect of improper venue.
If an action is commenced in good faith and a subsequent timely objection to the venue is sustained, or if before trial on the merit commences, it is found that no cause of action exists in favor of or against a party upon whom venue was dependent, the action shall be transferred to a court of proper jurisdiction of any county of proper venue. If there is more than one such county, the transfer shall be to the court of a county selected by the plaintiff. In accordance with K.S.A. 60-2001 and amendments thereto, the receiving district court shall require the payment of an appropriate docket fee from the movant.
History:
L. 1963, ch. 303, 60-611; L. 1993, ch. 107, § 1; July 1.
Notes of Decisions
Cited in
13
cases (
9 in the last 5 years), 1974–2026 · leading case:
Johnson v. Zmuda, 481 P.3d 180 (Kan. Ct. App. 2021).
Johnson v. Zmuda, 481 P.3d 180 (Kan. Ct. App. 2021).
· cites it 9× “K.S.A. 60-611 controls the disposition of a civil case filed in the wrong venue, directing that when a case is filed in good faith but in the wrong district court, the action shall be transferred to a court of proper jurisdiction of any county of proper venue.”
Denney v. Norwood, 505 P.3d 730 (Kan. 2022).
“2020 Supp. 60- 212(b)(6) or K.S.A. 2020 Supp. 60-256 apply in habeas proceedings commenced under K.”
Cansler v. State, 675 P.2d 57 (Kan. 1984).
“See K.S.A. 60-611. The order of the trial court reinstating plaintiff s claim against the State of Kansas and the Kansas State Penitentiary is affirmed, and the order of the trial court dismissing plaintiff s claim against the Sheriff of Leavenworth County, the Leavenworth…”
Schmidt v. Shearer, 995 P.2d 381 (Kan. Ct. App. 1999).
· cites it 2× “The trial court here did not transfer the case based on K.”
All. Life Ins. v. Ulysses Volunteer Fireman's Relief Ass'n, 529 P.2d 171 (Kan. 1974).
“It was not incumbent on the objecting party to request a transfer, as the company would suggest, or to specify the county to which the transfer should be made. Indeed, in a case where there is more than one county where venue is proper, under the statute the choice is…”
Johnson v. Zmuda (Kan. Ct. App. 2025).
· cites it 4× “60-1507 motion but should have transferred case to proper court to comply with K.S.A. 60-611 rather than dismissing petition because "transfer serves the interests of administrative and judicial economy"); Johnson v.”
White v. State (Kan. Ct. App. 2020).
· cites it 3× “Additionally, K.S.A. 60-611 requires in civil cases: "If an action is commenced in good faith and a subsequent timely objection to the venue is sustained, .”
Reynolds v. Geither (Kan. Ct. App. 2024).
· cites it 3× “The court in White agreed and found that K.S.A. 60-611 applied. White, 2020 WL 2602031 , at *1-2.”
In re G.R. (Kan. Ct. App. 2021).
“38-2204(b)(1), (2); see also K.S.A. 60-611 (civil venue statute provides case filed in wrong district court "shall be transferred to a court of proper jurisdiction of any county of proper venue.”
Woods v. State (Kan. Ct. App. 2021).
“" K.S.A. 60-611; Zmuda, 59 Kan. App. 2d at 365.”
Bankes v. Kansas Dept. of Corr. (Kan. Ct. App. 2022).
“Though recognizing other panels had reached the opposite conclusion, the Johnson panel noted transfer was within a district court's power, was consistent with the remedy contemplated by K.S.A. 60-611 of the Kansas Rules of Civil Procedure, and would expedite proceedings.”
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