Kansas Statutes Annotated
K.S.A. § 61-1721 (2026)
✓ current as of May 2026
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61-1721.
History: L. 1969, ch. 290, § 61-1721; L. 1976, ch. 258, § 17; Repealed, L. 2000, ch. 161, § 117; January 1, 2001.
Notes of Decisions
Cited in 5
cases, 1980–2008 · leading case: Rose & Nelson v. Frank, 956 P.2d 729 (Kan. Ct. App. 1998).
Rose & Nelson v. Frank, 956 P.2d 729 (Kan. Ct. App. 1998). “Both the district magistrate judge and the district judge, to whom appeal was taken, denied Frank’s motion, concluding K.S.A. 61-1721 requires that a motion to set aside a default judgment in a Chapter 61 proceeding must be filed within 10 days after entry of judgment.”
Porter v. Stormont-Vail Hosp., 621 P.2d 411 (Kan. 1980). “; plaintiff Porter failed to appear either personally or by counsel before the Court on April 24, 1974, and further failed to file any pleading in response to the *643 Petition, any objection to venue, or any request for additional time; as a consequence of plaintiff's failure…”
Kubicki v. Wyandotte Cnty. Race Training Stables, 731 P.2d 1288 (Kan. Ct. App. 1987). “Seventeen days after entry of the default judgment, on November 7, 1985, defendant filed and served a motion to set aside the default judgment under K.S.A. 61-1721. The essence of the asserted ground for relief was excusable neglect in that the *630 failure to appear was solely…”
Sw. Bell Yellow Pages, Inc. v. Beadle, 197 P.3d 896 (Kan. Ct. App. 2008). “Seventeen days later, the defendant moved to set aside the default judgment under K.S.A. 61-1721 (Ensley 1983), the predecessor to K.”
Cook v. Cook, 83 P.3d 1243 (Kan. Ct. App. 2003). “If the defendant fails to file an answer or to appear within the time specified in the summons, upon proof of service as provided by law, a judgment by default can be taken against the defendant for the relief demanded in the petition.”
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