HB 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. 60-258 and 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.