Session of 1999
By Committee on Appropriations

  9             AN  ACT concerning civil procedure; relating to motions for relief;
10             amending K.S.A. 60-260 and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. K.S.A. 60-260 is hereby amended to read as follows: 60-
14       260. (a) Clerical mistakes. Clerical mistakes in judgments, orders or other
15       parts of the record and errors therein arising from oversight or omission
16       may be corrected by the court at any time of its own initiative or on the
17       motion of any party and after such notice, if any, as the court orders.
18       During the pendency of an appeal, such mistakes may be so corrected
19       before the record on appeal is filed in the appellate court, and thereafter
20       while the appeal is pending may be so corrected with leave of the appel-
21       late court.
22             (b) Mistakes; inadvertence; excusable neglect; newly discovered evi-
23       dence; fraud, etc. On motion and upon such terms as are just, the court
24       may relieve a party or said such party's legal representative from a final
25       judgment, order, or proceeding for the following reasons: (1) mistake,
26       inadvertence, surprise, or excusable neglect; (2) newly discovered evi-
27       dence which by due diligence could not have been discovered in time to
28       move for a new trial under K.S.A. 60-259(b) subsection (b) of K.S.A. 60-
29       259 and amendments thereto; (3) fraud (whether heretofore denominated
30       intrinsic or extrinsic), misrepresentation, or other misconduct of an ad-
31       verse party; (4) the judgment is void; (5) the judgment has been satisfied,
32       released, or discharged, or a prior judgment upon which it is based has
33       been reversed or otherwise vacated, or it is no longer equitable that the
34       judgment should have prospective application; or (6) any other reason
35       justifying relief from the operation of the judgment. The motion shall be
36       made within a reasonable time, and for reasons prescribed in paragraphs
37       (1), (2) and (3) of subsection (b), not more than one year after the judg-
38       ment, order, or proceeding was entered or taken. A motion under this
39       subsection (b) does not affect the finality of a judgment or suspend its
40       operation. This section does not limit the power of a court to entertain
41       an independent action to relieve a party from a judgment, order, or pro-
42       ceeding, or to grant relief to a defendant not actually personally notified
43       as provided in K.S.A. 60-309 and amendments thereto, or to set aside a
44       judgment for fraud upon the court. Writs of coram nobis, coram vobis,
45       audita querela, and bills of review and bills in the nature of a bill of review,
46       are abolished, and the procedure for obtaining any relief from a judgment
47       shall be by motion as prescribed in this article or by an independent
48       action.
49             (c) Forfeiture orders. Motions to set aside an order of forfeiture and
50       allocation of forfeited property pursuant to K.S.A. 60-4117, and amend-
51       ments thereto, shall be made not more than one year after such order
52       was entered. 
53       Sec.  2. K.S.A. 60-260 is hereby repealed.
54        Sec.  3. This act shall take effect and be in force from and after its
55       publication in the statute book.