20-302b.   District magistrate judges; jurisdiction,powers and duties; appeals.(a) A district magistrate judge shall have the jurisdiction and power, in anycase in which a violation of the laws of the state is charged, to conduct thetrial of traffic infractions, cigarette or tobacco infractions or misdemeanorcharges, to conduct the preliminary examination of felony charges and to hearfelony arraignments subject to assignment pursuant to K.S.A. 20-329 andamendments thereto. Except as otherwise provided, in civil cases, a districtmagistrate judge shall have jurisdiction over actions filed under the code ofcivil procedure for limited actions, K.S.A. 61-2801 etseq., and amendments thereto, and concurrent jurisdiction, powers andduties with a district judge. Except as otherwise specifically provided insubsection (b), a district magistrate judge shall not have jurisdiction orcognizance over the following actions:

      (1)   Any action, other than an action seeking judgment for an unsecureddebt not sounding in tort and arising out of a contract for the provisionof goods, services or money, in which the amount in controversy, exclusive ofinterests and costs, exceeds $10,000. The provisions of this subsection shallnot apply to actions filed under the code of civil procedure for limitedactions, K.S.A. 61-2801 et seq. and amendments thereto.In actions of replevin, the affidavit in replevin or the verified petitionfixing the value of the property shall govern the jurisdiction. Nothing in thisparagraph shall be construed as limiting the power of a district magistratejudge to hear any action pursuant to the Kansas probate code or to issuesupport orders as provided by paragraph (6) of this subsection;

      (2)   actions against any officers of the state, or any subdivisionsthereof, 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 recoveredor in which an interest in real estate, either legal or equitable, issought to be established. Nothing in this paragraph shall be construed aslimiting the right to bring an action for forcible detainer as provided in theacts contained in K.S.A. 61-3801 through 61-3808, and amendmentsthereto. Nothing in this paragraph shall be construed as limiting the power ofa district magistrate judge to hear any action pursuant to theKansas probate code;

      (5)   actions to foreclose real estate mortgages or to establish and forecloseliens on real estate as provided in the acts contained in article 11 of chapter60 of the Kansas Statutes Annotated, and amendments thereto;

      (6)   actions for divorce, separate maintenance or custody of minor children.Nothing in this paragraph shall be construed as limiting the power of adistrict magistrate judge to: (A) Except as provided in subsection (e), hearany action pursuant to the Kansas code for care of children or therevised Kansasjuvenile justice code; (B) establish, modify or enforce orders of support,including, but not limited to, orders of support pursuant to the Kansasparentage act, K.S.A. 23-9,101 et seq., 39-718b, 39-755 or 60-1610or K.S.A. 23-4,105 through 23-4,118, 23-4,125 through 23-4,137, or K.S.A.2007 Supp. 38-2338, 38-2339 or 38-2350,and amendmentsthereto; or (C) enforce orders grantingvisitation 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 magistratejudge may:

      (1)   Grant a restraining order, as provided in K.S.A. 60-902and amendments thereto;

      (2)   appoint a receiver, as provided in K.S.A. 60-1301 and amendmentsthereto; 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, andsubject to any rules of the supreme court relating thereto, any appealpermitted to be taken from an order or final decision of a district magistratejudge 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 proceedingbefore the district magistrate judge, the appeal shall be tried and determinedon the record by a district judge.

      (d)   Except as provided in subsection (e), upon motion of a party, thechief judge may reassign an action from a district magistrate judge to adistrict judge.

      (e)   Upon motion of a party for a petition or motion filed under theKansascode for care of children requesting termination of parental rights pursuant toK.S.A. 2007 Supp. 38-2361 through38-2367,and amendments thereto, the chief judge shallreassign such action from a district magistrate judge to a district judge.

      History:   L. 1976, ch. 146, § 13;L. 1977, ch. 112, § 2;L. 1979, ch. 92, § 12;L. 1979, ch. 80, § 2;L. 1983, ch. 140, § 3;L. 1984, ch. 39, § 31;L. 1985, ch. 115, § 30;L. 1986, ch. 115, § 32;L. 1986, ch. 137, § 1;L. 1986, ch. 137, § 2;L. 1990, ch. 212, § 1;L. 1992, ch. 312, § 30;L. 1995, ch. 193, § 11;L. 1996, ch. 214, § 23;L. 1998, ch. 148, § 1;L. 1999, ch. 159, § 1;L. 2000, ch. 171, § 3;L. 2001, ch. 157, § 1;L. 2004, ch. 71, § 6;L. 2006, ch. 169, § 92;L. 2007, ch. 195, § 10; July 1.