CHAPTER 157
HOUSE BILL No. 2208
An Act concerning district magistrate judges; relating to the
jurisdiction thereof; amending
K.S.A. 2000 Supp. 20-302b and repealing the existing section; also
repealing K.S.A. 2000
Supp. 20-302d.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2000 Supp.
20-302b is hereby amended to read as
follows: 20-302b. (a) A district magistrate judge shall have the
jurisdiction
and power, in any case in which a violation of the laws of the
state is
charged, to conduct the trial of traffic infractions, cigarette or
tobacco
infractions or misdemeanor charges, to conduct the
preliminary exami-
nation of felony charges and to hear felony arraignments subject to
as-
signment pursuant to K.S.A. 20-329 and amendments thereto.
Except as
otherwise provided, in civil cases, a district magistrate
judge shall have
jurisdiction over actions filed under the code of civil
procedure for limited
actions, K.S.A. 2000 Supp. 61-2801 et seq., and
amendments thereto, and
concurrent jurisdiction, powers and duties with a district
judge, except
that, unless. Except as otherwise
specifically provided in subsection (b),
a district magistrate judge shall not have jurisdiction or
cognizance over
the following actions:
(1) Any action, other than an action
seeking judgment for an unse-
cured debt not sounding in tort and arising out of a contract for
the
provision of goods, services or money, in which the amount in
contro-
versy, exclusive of interests and costs, exceeds
$10,000,. The provisions
of this subsection shall not apply to actions filed under the
code of civil
procedure for limited actions, K.S.A. 2000 Supp. 61-2801
et seq., and
amendments thereto except that. In
actions of replevin, the affidavit in
replevin or the verified petition fixing the value of the property
shall
govern the jurisdiction;. Nothing in this
paragraph shall be construed as
limiting the power of a district magistrate judge to hear any
action pur-
suant to the Kansas probate code or to issue support orders as
provided
by paragraph (6) of this subsection;
(2) actions against any officers of the
state, or any subdivisions
thereof, for misconduct in office;
(3) actions for specific performance of
contracts for real estate;
(4) actions in which title to real estate
is sought to be recovered or
in which an interest in real estate, either legal or equitable, is
sought to
be established, except that. Nothing in
this paragraph shall be construed
as limiting the right to bring an action for forcible detainer as
provided
in the acts contained in article 23 of chapter 61 of the
Kansas Statutes
Annotated, and any acts amendatory thereof or
supplemental K.S.A. 2000
Supp. 61-3801 through 61-3808, and amendments
thereto; and. Nothing
in this paragraph shall be construed as limiting the power of a
district
magistrate judge to hear any action pursuant to the Kansas probate
code;
(5) actions to foreclose real estate
mortgages or to establish and fore-
close liens on real estate as provided in the acts contained in
article 11 of
chapter 60 of the Kansas Statutes Annotated, and any acts
amendatory
thereof or supplemental amendments
thereto;
(6) actions for divorce, separate
maintenance or custody of minor
children, except that. Nothing in this
paragraph shall be construed as
limiting the power of a district magistrate judge to: (A) Hear any
action
pursuant to the Kansas code for care of children or the Kansas
juvenile
justice code; (B) establish, modify or enforce orders of support,
including,
but not limited to, orders of support pursuant to the Kansas
parentage
act, K.S.A. 23-451 et
seq., 39-718a, 23-9,101 et
seq., 39-718b, 39-755 or
60-1610 or K.S.A. 23-4,105 through 23-4,118, 23-4,125 through
23-4,137,
38-1542, 38-1543 or 38-1563, and amendments thereto; or (C)
enforce
orders granting visitation rights or parenting time;
(7) habeas corpus;
(8) receiverships;
(9) change of name;
(10) declaratory judgments;
(11) mandamus and quo warranto;
(12) injunctions;
(13) class actions;
(14) rights of majority; and
(15) actions pursuant to K.S.A. 59-29a01
et seq. and amendments
thereto.
(b) Notwithstanding the provisions of
subsection (a), in the absence,
disability or disqualification of a district judge, a district
magistrate judge
may:
(1) Grant a restraining order, as
provided in K.S.A. 60-902 and
amendments thereto;
(2) appoint a receiver, as provided in
K.S.A. 60-1301 and amend-
ments thereto; and
(3) make any order authorized by K.S.A.
60-1607 and amendments
thereto.
(c) In accordance with the limitations
and procedures prescribed by
law, and subject to any rules of the supreme court relating
thereto, any
appeal permitted to be taken from an order or final decision of a
district
magistrate judge shall be tried and determined de novo by a
district judge,
except that in civil cases where a record was made of the action or
pro-
ceeding before the district magistrate judge, the appeal shall be
tried and
determined on the record by a district judge.
(d) Upon motion of a party, the chief
judge may reassign an action
from a district magistrate judge to a district judge.
Sec. 2. K.S.A. 2000 Supp. 20-302b and 20-302d are
hereby repealed.
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved May 9, 2001.
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