61-2702.
Application of act; correlation with code of civil procedure for limited actions.
This act shall apply to and be an alternative procedure for the processing of small claims pursuant to the code of civil procedure for limited actions, and the provisions of this act shall be part of and supplemental to the code of civil procedure for limited actions, and any acts amendatory thereof or supplemental thereto. Except as otherwise specifically provided or where a different or contrary provision is included in this act, the code of civil procedure for limited actions shall be applicable to the processing of small claims and judgments under this act.
History:
L. 1973, ch. 239, § 2; L. 1976, ch. 258, § 57; January 10, 1977.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1979–2022 · leading case:
Szoboszlay v. Glessner, 664 P.2d 1327 (Kan. 1983).
Szoboszlay v. Glessner, 664 P.2d 1327 (Kan. 1983).
“61-2702 provides: “This act shall apply to and be an alternative procedure for the processing of small claims pursuant to the code of civil procedure for limited actions,- and the provisions of this act shall be part of and supplemental to the code of civil procedure for limited…”
Frost v. Cook, 58 P.3d 112 (Kan. Ct. App. 2002).
“61-2702, the provision of the Small Claims Act that spells out the correlation with the Code of Civil Procedure for Limited Actions, states: “This act shall apply to and be an alternative procedure for the processing of small claims pursuant to the code of civil procedure for…”
Wiedemann v. Pi Kappa Phi Fraternity, 522 P.3d 325 (Kan. Ct. App. 2022).
“61-2701; K.S.A. 61-2702 ("This act shall apply to and be an alternative procedure for the processing of small claims pursuant to the code of civil procedure for limited actions .”
Cox v. Bohm, 735 P.2d 1108 (Kan. Ct. App. 1987).
“He, however, has overlooked K.S.A. 61-2702, which provides that “[e]xcept as otherwise specifically provided or where a different or contrary provision is included in this [small claims procedure] act, the code of civil procedure for limited actions shall be applicable to the…”
Barton v. Miller, 592 P.2d 921 (Kan. 1979).
“” In conjunction with this, K.S.A. 61-2702, a section of the Small Claims Procedure Act, must be considered.”
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