K.S.A. » Chapter 60
Kansas Statutes Annotated

K.S.A. § 60-704 (2026)

Form of affidavit, by whom made

✓ current as of May 2026
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60-704. Form of affidavit, by whom made. The affidavit shall be made by the plaintiff, or some person for the plaintiff, and shall state: (1) The grounds upon which the attachment is sought, specifying with particularity the facts in support of such grounds, (2) that the plaintiff has a just claim against the defendant, and (3) the amount which the affiant believes the plaintiff ought to recover, after allowing all just credits and setoffs.

History: L. 1963, ch. 303, 60-704; L. 1977, ch. 202, § 3; April 18.

Notes of Decisions
Cited in 7 cases, 1930–2020 · leading case: Foster v. Humburg, 299 P.2d 46 (Kan. 1956).
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Foster v. Humburg, 299 P.2d 46 (Kan. 1956). · cites it 2× “Section 60-704 of our code of civil procedure (G.”
In Re Stanley Station Assocs., L.P., 139 B.R. 990 (Bankr. D. Kan. 1992). “K.S.A. 60-704. The defendant is entitled to file a post-deprivation motion to dissolve the attachment, which the court must hear within five days after receipt.”
Mid-States Ag-Chem Co. v. Atchison Grain Co., 750 F. Supp. 465 (D. Kan. 1990). “Pursuant to K.S.A. 60-704, plaintiff has filed an affidavit in which the affiant states, “Mid-States Ag-Chem Co.”
State ex rel. Malone v. Fleming Co., 192 P.2d 207 (Kan. 1948). · cites it 2× “Although dismissing the appeal, this court said that the court did not err in striking the letters, the petition not conforming to the requirements of section 60-704, supra. The case has little, if any, pertinancy here.”
Ad Astra Recovery Servs., Inc. v. Heath (D. Kan. 2020). · cites it 2× “K.S.A. 60-704. Typically, the court will enter an order after Plaintiff has complied with the statutory requirements and later conduct a hearing upon a motion to dissolve.”
Sentney v. Sinclair, 286 P. 269 (Kan. 1930). · cites it 2× “Section 60-704 of the Revised Statutes of 1923, in part, reads: “A petition must contain .”
Nelson v. Thornberg, 504 F. Supp. 199 (D. Kan. 1980). “K.S.A. 60-704 (Supp.1979) now requires the affidavit to state: (1) The grounds upon which the attachment is sought, specifying with particularity the facts in support of such grounds, (2) that the plaintiff has a just claim against the defendant, and (3) the amount which the…”
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