Session Law

Identifying Information:L. 2001 ch. 157
Other Identifying Information:2001 House Bill 2208
Tax Type:Other
Brief Description:An Act concerning district magistrate judges; relating to the jurisdiction thereof; amending K.S.A. 2000 Supp. 20-302b and repealing the existing section; also repealing K.S.A. 2000 Supp. 20-302d.
Keywords:


Body:

CHAPTER 157

HOUSE BILL No. 2208


An Act concerning district magistrate judges; relating to the jurisdiction thereof; amending

K.S.A. 2000 Supp. 20-302b and repealing the existing section; also repealing K.S.A. 2000

Supp. 20-302d.




Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2000 Supp. 20-302b is hereby amended to read as

follows: 20-302b. (a) A district magistrate judge shall have the jurisdiction

and power, in any case in which a violation of the laws of the state is

charged, to conduct the trial of traffic infractions, cigarette or tobacco

infractions or misdemeanor charges, to conduct the preliminary exami-

nation of felony charges and to hear felony arraignments subject to as-

signment pursuant to K.S.A. 20-329 and amendments thereto. Except as

otherwise provided, in civil cases, a district magistrate judge shall have

jurisdiction over actions filed under the code of civil procedure for limited

actions, K.S.A. 2000 Supp. 61-2801 et seq., and amendments thereto, and

concurrent jurisdiction, powers and duties with a district judge, except

that, unless. Except as otherwise specifically provided in subsection (b),

a district magistrate judge shall not have jurisdiction or cognizance over

the following actions:

(1) Any action, other than an action seeking judgment for an unse-

cured debt not sounding in tort and arising out of a contract for the

provision of goods, services or money, in which the amount in contro-

versy, exclusive of interests and costs, exceeds $10,000,. The provisions

of this subsection shall not apply to actions filed under the code of civil

procedure for limited actions, K.S.A. 2000 Supp. 61-2801 et seq., and

amendments thereto except that. In actions of replevin, the affidavit in

replevin or the verified petition fixing the value of the property shall

govern the jurisdiction;. Nothing in this paragraph shall be construed as

limiting the power of a district magistrate judge to hear any action pur-

suant to the Kansas probate code or to issue support orders as provided

by paragraph (6) of this subsection;

(2) actions against any officers of the state, or any subdivisions

thereof, for misconduct in office;

(3) actions for specific performance of contracts for real estate;

(4) actions in which title to real estate is sought to be recovered or

in which an interest in real estate, either legal or equitable, is sought to

be established, except that. Nothing in this paragraph shall be construed

as limiting the right to bring an action for forcible detainer as provided

in the acts contained in article 23 of chapter 61 of the Kansas Statutes

Annotated, and any acts amendatory thereof or supplemental K.S.A. 2000

Supp. 61-3801 through 61-3808, and amendments thereto; and. Nothing

in this paragraph shall be construed as limiting the power of a district

magistrate judge to hear any action pursuant to the Kansas probate code;

(5) actions to foreclose real estate mortgages or to establish and fore-

close liens on real estate as provided in the acts contained in article 11 of

chapter 60 of the Kansas Statutes Annotated, and any acts amendatory

thereof or supplemental amendments thereto;

(6) actions for divorce, separate maintenance or custody of minor

children, except that. Nothing in this paragraph shall be construed as

limiting the power of a district magistrate judge to: (A) Hear any action

pursuant to the Kansas code for care of children or the Kansas juvenile

justice code; (B) establish, modify or enforce orders of support, including,

but not limited to, orders of support pursuant to the Kansas parentage

act, K.S.A. 23-451 et seq., 39-718a, 23-9,101 et seq., 39-718b, 39-755 or

60-1610 or K.S.A. 23-4,105 through 23-4,118, 23-4,125 through 23-4,137,

38-1542, 38-1543 or 38-1563, and amendments thereto; or (C) enforce

orders granting visitation rights or parenting time;

(7) habeas corpus;

(8) receiverships;

(9) change of name;

(10) declaratory judgments;

(11) mandamus and quo warranto;

(12) injunctions;

(13) class actions;

(14) rights of majority; and

(15) actions pursuant to K.S.A. 59-29a01 et seq. and amendments

thereto.

(b) Notwithstanding the provisions of subsection (a), in the absence,

disability or disqualification of a district judge, a district magistrate judge

may:

(1) Grant a restraining order, as provided in K.S.A. 60-902 and

amendments thereto;

(2) appoint a receiver, as provided in K.S.A. 60-1301 and amend-

ments thereto; and

(3) make any order authorized by K.S.A. 60-1607 and amendments

thereto.

(c) In accordance with the limitations and procedures prescribed by

law, and subject to any rules of the supreme court relating thereto, any

appeal permitted to be taken from an order or final decision of a district

magistrate judge shall be tried and determined de novo by a district judge,

except that in civil cases where a record was made of the action or pro-

ceeding before the district magistrate judge, the appeal shall be tried and

determined on the record by a district judge.

(d) Upon motion of a party, the chief judge may reassign an action

from a district magistrate judge to a district judge.

Sec. 2. K.S.A. 2000 Supp. 20-302b and 20-302d are hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 9, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001