Kansas Statutes Annotated

K.S.A. § 77-522 (2026)

Discovery; authorization; requests; subpoenas, discovery orders and protective orders

✓ current as of May 2026
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77-522. Discovery; authorization; requests; subpoenas, discovery orders and protective orders. (a) Discovery shall be permitted to the extent allowed by the presiding officer or as agreed to by the parties. Requests for discovery shall be made in writing to the presiding officer and a copy of each request for discovery shall be served on the party or person against whom discovery is sought. The presiding officer may specify the times during which the parties may pursue discovery and respond to discovery requests. The presiding officer may issue subpoenas, discovery orders and protective orders in accordance with the rules of civil procedure.

(b) Subpoenas issued by the presiding officer may be served by a person designated by the presiding officer or any other person who is not a party and is not less than 18 years of age or may be served by certified mail, return receipt requested. Service shall be at the expense of the requesting party. Proof of service shall be shown by affidavit.

(c) Subpoenas and orders issued by the presiding officer may be enforced pursuant to the provisions of the Kansas judicial review act.

History: L. 1984, ch. 313, § 22; L. 1988, ch. 356, § 10; L. 1989, ch. 283, § 5; L. 1995, ch. 175, § 4; L. 2010, ch. 17, § 207; July 1.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1995–2021 · leading case: In Re the Appeal of the City of Wichita, 86 P.3d 513 (Kan. 2004).
In Re the Appeal of the City of Wichita, 86 P.3d 513 (Kan. 2004). · cites it 2× “The Board finds that pursuant to K.S.A. 77-522, K.S.A. 60-226(c), and K.A.”
Winston v. Kansas Dept. of SRS, 49 P.3d 1274 (Kan. 2002). “See K.S.A. 77-522. It must be noted that Julia's failure *419 to cooperate in the deposition was the result of her and her own attorney, not as the result of action by SRS.”
In Re Tax Appeal of Collingwood Grain, Inc., 891 P.2d 422 (Kan. 1995). “, also sets forth the scope of discoveiy: “Discovery shall be permitted to the extent allowed by the presiding officer or as agreed to by the parties.”
Gamblian v. City of Parsons, 931 P.2d 1238 (Kan. 1997). “77-519; K.S.A. 77-522); and rules of evidence (K.”
Turner & Boisseau v. Kansas State Bd. of Healing Arts, 978 P.2d 288 (Kan. Ct. App. 1998). “See also K.S.A. 77-522 (authorizing discovery orders and protective orders).”
Bicknell v. Kansas Dept. of Revenue (Kan. Ct. App. 2021). “74-2426(a); K.S.A. 77-522(a). The rules of civil procedure contain processes for compelling discovery, and sanctions for failure to comply with the discovery process.”
— K.S.A. § 77-522(a) — 3 cases
In Re the Appeal of the City of Wichita, 86 P.3d 513 (Kan. 2004). “The Board finds that pursuant to K.S.A. 77-522, K.S.A. 60-226(c), and K.A.”
In Re Tax Appeal of Collingwood Grain, Inc., 891 P.2d 422 (Kan. 1995). “, also sets forth the scope of discoveiy: “Discovery shall be permitted to the extent allowed by the presiding officer or as agreed to by the parties.”
Bicknell v. Kansas Dept. of Revenue (Kan. Ct. App. 2021). “74-2426(a); K.S.A. 77-522(a). The rules of civil procedure contain processes for compelling discovery, and sanctions for failure to comply with the discovery process.”
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