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53 Cards in this Set
- Front
- Back
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Where do you find Kansas Civil Procedure?
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Article 2 of chapter 60
KSA 60-201 to 60-271 |
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Where do you find Kansas rules for service of process?
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Article 3 of Chapter 60
KSA 60-301 to 60-313 |
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Where do you find Kansas rules of Evidence?
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Article 4 of Chapter 60
KSA 60-401 to 60-472 |
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Where do you find Kansas Statutes of Limitation?
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Article 5 of Chapter 60
KSA 60-501 to 60-524 |
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Where do you find Kansas venue rules?
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Article 6 of Chapter 60
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Where do you find Kansas Injunction Rules?
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Article 9 of Chapter 60
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Where do you find Kansas rules on Habeas Corpus?
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Article 15 of Chapter 60 of the Kansas Statutes
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Where do you find Kansas rules on Declaratory Judgments?
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Article 17 of Chapter 60 of the Kansas Statutes
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Where do you find Kansas rules on Survival of Claims and Abatements of Actions?
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Article 18 of Chapter 60 of the Kansas Statutes
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Where do you find Kansas rules on Wrongful Death Actions?
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Article 19 of Chapter 60 of the Kansas Statutes
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Where do you find Kansas rules on Appeals?
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Article 21 of Chapter 60 of the Kansas Statutes
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Where do you find Kansas rules on Settlements?
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Article 28 of Chapter 60 of the Kansas Statutes
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Where do you find Kansas rules on Enforcement of Foreign Judgments?
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Article 30 of Chapter 60 of the Kansas Statutes
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Where do you find Kansas rules on Punitive Damages?
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Article 37 of Chapter 60 of the Kansas Statutes
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Where do you find Kansas rules on Actions Relating to Commercial Activity?
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Article 33 of Chapter 60 of the Kansas Statutes
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Where do you find Kansas rules on Professional Liability Actions?
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Article 34 of Chapter 60 of the Kansas Statutes
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When is a civil action said to commence?
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When:
1. When filed w/ clerk if service is made w/in 90 days of filing, + 30 days for good cause OR 2. When service is made, if not w/in time above |
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What happens if I mess up service of process, when is the action said to commence?
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Still at time of filing or service if service is PROPERLY made w/in 90 days after court figures out I messed up (+30 days for good cause).
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I didn't serve the other side, but the defense entered an appearance with the court, for the purposes of the timing of the action, what effect?
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Same as service.
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Defense contacts court about evoking the protection of the servicemembers civil relief act - is this the same as an entry of apperance?
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No
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Can I fax my petition to the court?
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If it complies with the Supreme Court Rules, yes.
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I've substantially complied with the service of process rules, but there's some irregularity or omission. Is there any way of saving the service?
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If party made aware of action, service irregularities are cured.
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What has to be served on the other side after the initial service?
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1. Any order required by its terms to be served.
2. Every pleading after the original petition, unless the court orders otherwise (numerous defendants) 3. Every paper relating to disclosure of expert testimony or discovery required 4. Any written motion other than ex parte 5. Every written notice 6. Appearance 7. Demand 8. Offer of Judgment 9. Designation of record on appeal 10. Similar papers |
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What do I have to serve on a party in default?
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Nothing except pleadings that assert new or additional claims for relief against them (Article 3 service)
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After initial service, how do I serve papers on the other side?
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1. Deliver copy to attorney or party
2. Mail to last known address - atty or party 3. If no addr known - leave w/ clerk 4. Fax to atty. |
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So, after initial service, I can deliver the papers to the attorney or party. What does "delivery of a copy" mean?
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1. Handing it to atty/party
2. Leaving it in atty/party office w/ someone in charge 3. Leaving it in atty/party office in a conspicuous place 4. Party/atty dwelling house or place of abode w/ someone of suitable age/discretion |
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For mailing service (after initial) when is service complete?
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When mailed.
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When faxing documents to other side, when is service complete?
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Upon receipt of confirmation generated by Fax machine
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Do I file discovery requests (interrogatories, depositions, expert disclosures) with the court?
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No - except on order of the court or when I'll be using them in trial or hearing
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So, with regards to discovery requests, what do I file with the court?
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A certificate stating what document was served, when and upon whom.
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Other than discovery requests, what do I file with the court?
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All other papers should be filed with the court.
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How do I file with the court?
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Send them (fax is acceptable) to the clerk of the court.
Judge might permit filing w/ judge who will note filing date and give to clerk |
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What if there are a lot of defendants? Do they have to send around their papers to the other defendans?
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Court on motion or own initiative can order that pleadings of Ds and relies thereto need not be made B/W Ds
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When I'm calculating time, do I count the first day?
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No
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When I'm calculating time, do I count the last day?
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Yes, unless it's a Saturday, Sunday or a legal holiday, in which the period runs until the end of the next day which is not a Saturday, Sunday, or Holiday.
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When the time period is 10 days or less, what days do I count?
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Exclude all intermediate Saturdays, Sundays and Legal Holidays.
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How do half holidays count in calculating time?
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They are counted as regular days, not holidays.
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What is a legal holiday for time calculation?
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Designated by:
1. Congress 2. State 3. KS Supreme Court |
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I've got a law that gives a time frame for action, but doesn't say how the time should be calculated, where do I look?
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KSA 60-206 - KS Civil Procedure for time comutation
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What pleadings are allowed?
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1. Petition
2. Answer 3. Reply to counterclaim 4. Answer to cross-claim (if answer containst cross-claim) 5. Third-party petition (if person was not original party is summoned under 60-214) 6. Third-Party answer Court can ORDER a REPLY to answer or 3d-party answer |
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Any necessary items to add to the caption?
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"Petition Pursuant to K.S.A. Chapter 60"
All petitions must have, immediately below names in caption, note that such petition is filed pursuant to KSA ch. 60. |
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What do pleadings need to contain?
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KSA 60-208
1. Short and plain statement of the claim showing P is entitled to relief 2. Demand for judgment |
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What's the critical amount to consider in making my demand for judgment?
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KSA 60-208
$75,000 - it tells what you need to claim. |
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I've got a tort claim worth more than $75,000 what do I say in my pleading?
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KSA 60-208
That the damages are more than $75,000. |
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I've got a contract claim worth more than $75,000 what do I say in my pleading?
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KSA 60-208
Give the exact amount |
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I've got a claim for less than $75,000, what do I do?
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KSA 60-208
Give the exact amount. |
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Can I make a demand for judgment in the alternative, or of several different types?
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KSA 60-208
Yes. |
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What do I do when answering the complaint?
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KSA 60-208
Each claim must be admitted or denied in short and plain terms. |
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What if I don't know whether to admit or deny?
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KSA 60-208
If you are without knowledge or information sufficient to form a belief as to the truth of the averment, party shall so state. |
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What's the effect of stating that I lack knowledge or information sufficient to form a belief as to the truth of an averment?
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KSA 60-208
Same as a denial. |
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What are the magic words to consider when you cannot admit or deny a claim in a complaint?
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lack knowledge or information sufficient to form a belief as to the truth of an averment
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Can I deny all claims in a general denial?
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KSA 60-208
Yes |
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Can I deny all claims except those I've expressly admitted?
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KSA 60-208
Yes |
