20-302b.District magistrate judges; jurisdiction,
powers and duties; appeals.
(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 examination of felony charges and to hear
felony arraignments subject to assignment 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. 61-2801 et
seq., and amendments thereto, and concurrent jurisdiction, powers and
duties with a district judge. 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 unsecured
debt not sounding in tort and arising out of a contract for the provision
of goods, services or money, in which the amount in controversy, 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. 61-2801 et seq. and amendments thereto.
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 pursuant 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. 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 K.S.A. 61-3801 through 61-3808, and amendments
thereto. 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 foreclose
liens on real estate as provided in the acts contained in article 11 of chapter
60 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 a
district magistrate judge to: (A) Except as provided in subsection (e), hear
any action pursuant to the Kansas code for care of children or the
revised 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. 23-9,101 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, or K.S.A.
2007 Supp. 38-2338, 38-2339 or 38-2350,
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 amendments
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 proceeding
before the district magistrate judge, the appeal shall be tried and determined
on the record by a district judge.
(d) Except as provided in subsection (e), upon motion of a party, the
chief judge may reassign an action from a district magistrate judge to a
district judge.
(e) Upon motion of a party for a petition or motion filed under the
Kansas
code for care of children requesting termination of parental rights pursuant to
K.S.A. 2007 Supp. 38-2361 through
38-2367,
and amendments thereto, the chief judge shall
reassign 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.
20-302b.District magistrate judges; jurisdiction,
powers and duties; appeals.
(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 examination of felony charges and to hear
felony arraignments subject to assignment 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. 61-2801 et
seq., and amendments thereto, and concurrent jurisdiction, powers and
duties with a district judge. 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 unsecured
debt not sounding in tort and arising out of a contract for the provision
of goods, services or money, in which the amount in controversy, 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. 61-2801 et seq. and amendments thereto.
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 pursuant 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. 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 K.S.A. 61-3801 through 61-3808, and amendments
thereto. 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 foreclose
liens on real estate as provided in the acts contained in article 11 of chapter
60 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 a
district magistrate judge to: (A) Except as provided in subsection (e), hear
any action pursuant to the Kansas code for care of children or the
revised 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. 23-9,101 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, or K.S.A.
2007 Supp. 38-2338, 38-2339 or 38-2350,
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 amendments
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 proceeding
before the district magistrate judge, the appeal shall be tried and determined
on the record by a district judge.
(d) Except as provided in subsection (e), upon motion of a party, the
chief judge may reassign an action from a district magistrate judge to a
district judge.
(e) Upon motion of a party for a petition or motion filed under the
Kansas
code for care of children requesting termination of parental rights pursuant to
K.S.A. 2007 Supp. 38-2361 through
38-2367,
and amendments thereto, the chief judge shall
reassign 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.
20-302b.District magistrate judges; jurisdiction,
powers and duties; appeals.
(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 examination of felony charges and to hear
felony arraignments subject to assignment 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. 61-2801 et
seq., and amendments thereto, and concurrent jurisdiction, powers and
duties with a district judge. 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 unsecured
debt not sounding in tort and arising out of a contract for the provision
of goods, services or money, in which the amount in controversy, 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. 61-2801 et seq. and amendments thereto.
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 pursuant 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. 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 K.S.A. 61-3801 through 61-3808, and amendments
thereto. 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 foreclose
liens on real estate as provided in the acts contained in article 11 of chapter
60 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 a
district magistrate judge to: (A) Except as provided in subsection (e), hear
any action pursuant to the Kansas code for care of children or the
revised 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. 23-9,101 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, or K.S.A.
2007 Supp. 38-2338, 38-2339 or 38-2350,
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 amendments
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 proceeding
before the district magistrate judge, the appeal shall be tried and determined
on the record by a district judge.
(d) Except as provided in subsection (e), upon motion of a party, the
chief judge may reassign an action from a district magistrate judge to a
district judge.
(e) Upon motion of a party for a petition or motion filed under the
Kansas
code for care of children requesting termination of parental rights pursuant to
K.S.A. 2007 Supp. 38-2361 through
38-2367,
and amendments thereto, the chief judge shall
reassign 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.
