Session of 2000
SENATE BILL No. 504
By Committee on Judiciary
1-27
9 AN ACT
concerning civil procedure for limited actions; relating to
judg-
10 ment and costs;
amending K.S.A. 61-2309 and repealing the existing
11 section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 61-2309 is hereby amended to read as follows:
61-
15 2309. If the suit be
is not continued or place of trial changed or neither
16 party demands a jury trial, the judge shall
try the case at the time ap-
17 pointed for trial;
and. If, after hearing the evidence,
said the judge shall
18 conclude concludes
that the facts alleged in the petition are not true,
said
19 the judge shall enter judgment
against the plaintiff for costs. If said
the
20 judge finds the facts alleged in the
petition are true, said the judge shall
21 render a general judgment against the
defendant and in favor of the plain-
22 tiff for restitution of the premises and
costs of the suit; if said. If the
judge
23 finds the facts alleged in the petition are
true in part, said the judge shall
24 enter a judgment for the restitution of
such part only, and costs may be
25 taxed as the judge may
deem deems just and equitable. If the action is
26 brought for the purpose of recovering
possession from a tenant for non-
27 payment of rent, in addition to the
judgment hereinbefore provided for
28 pursuant to this section, the judge
shall enter judgment against the de-
29 fendant for the amount of rent which
said the judge shall find
finds to be
30 due the plaintiff, if the plaintiff
sought judgment for such rent due in the
31 petition, and shall enter costs
against the defendant as in civil suits for
32 the recovery of money. The jurisdiction of
the judge hearing such action
33 shall not be limited by the amount of
dollars involved in such the judg-
34 ment sought by the
plaintiff.
35 Sec. 2. K.S.A. 61-2309 is hereby
repealed.
36 Sec. 3. This act shall
take effect and be in force from and after its
37 publication in the statute book.