HOUSE BILL No. 2207
By Committee on Judiciary
AN ACT concerning civil procedure for limited actions; relating to judg-
ments; amending K.S.A. 61-1722 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 61-1722 is hereby amended to read as follows: 61-
1722. (a) Judgment shall be entered and be effective as provided in K.S.A.
any amendments thereto.
(b) When more than one claim for relief is presented in an action,
whether as a claim, counterclaim or cross-claim, the court may direct the
entry of a final judgment upon one or more but less than all of the claims
only upon an express determination that there is no just reason for delay
and upon an express direction for the entry of judgment. In the absence
of such determination and direction, any order or other form of decision,
however designated, which adjudicates less than all the claims shall not
terminate the action as to any of the claims, and the order or other form
of decision shall be subject to revision at any time before the entry of
judgment adjudicating all the claims.
(c) Except as to a party against whom a judgment is entered by de-
fault, every final judgment shall grant the relief to which the party in
whose favor it is rendered is entitled, regardless of whether the party has
demanded such relief in such party's pleadings. Upon entry of such judg-
ment for the plaintiff, plaintiff shall be deemed to have waived said such
plaintiff's right to recover any amount due in excess of such judgment.
Entry of judgment for defendant on the defendant's cross-claim or coun-
terclaim shall preclude the defendant from recovering in a subsequent
suit any amount due said such defendant in excess of such judgment.
(d) For the purposes of filing such judgment pursuant to K.S.A. 60-
2418, and any amendments thereto, or K.S.A. 60-2202, and any amend-
ments thereto, the transcript of the judgment rendered pursuant to this
chapter shall be in the form prescribed in the appendix to this act.
(e) Whenever a party has commenced postjudgment proceedings for
the enforcement of a judgment, and such judgment is subsequently set
aside, reversed on appeal or otherwise nullified, such party shall not be
liable for damages as a result of such postjudgment proceedings, unless
it can be proven that the judgment upon which said the proceedings were
based was fraudulently obtained.
(f) When entering judgment in the action, the judge shall include as
a part of the judgment form or order a requirement that, unless the judg-
ment has been paid, the judgment debtor shall submit to the clerk of the
district court, within 30 days after receipt of the form therefor, a verified
statement describing the location and nature of property and assets which
the person owns, including the person's place of employment, account
numbers and names of financial institutions holding assets of such person
and a description of real property owned by such person. The office of
judicial administration shall develop the form to be used in submitting
information to the clerk under this subsection. The court shall also include
as a part of the judgment form or order a requirement that, within 15
days of the date judgment is entered, unless judgment has been paid, the
judgment creditor shall mail a copy of the judgment form or order to the
judgment debtor, together with the form for providing the information
required to be submitted under this subsection, and that the judgment
creditor shall file with the court proof of the mailing thereof. When the
form containing the required information is submitted to the clerk as
required by this subsection, the clerk shall note in the record of the pro-
ceeding that it was received and then shall mail the form to the judgment
creditor. No copy of such form shall be retained in the court records nor
shall it be made available to other persons. Upon motion of the judgment
creditor, the court may punish for contempt any person failing to submit
information as required by this subsection.
Sec. 2. K.S.A. 61-1722 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.