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61-3808

Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS Article 38.--EVICTIONS

61-3808. Writ of restitution.(a) Ifjudgment is entered against the defendant for possession of thesubject premises, thecourt shall issue, at the request of the plaintiff, a writ of restitution whichshall direct anyonewho is authorized to serve process and who is named in the writ to place theplaintiff inpossession of the premises described in the writ.

(b) The writ of restitution shall be executed within 10 days after the personnamed in the writreceives it, and that person shall file a return as withother writs underthe code of civil procedure for limited actions. The person serving the writmay use such reasonable force as is necessary toexecute the writ.

(c) If the person named in the writ receives a notice from the courtthat the proceedings have been stayed by appeal, that person shall immediatelydelay allfurther proceedings upon the execution. If the premises have been restored tothe plaintiff, theperson named in the writ shall immediately place the defendant in thepossession thereof.

History: L. 2000, ch. 161, § 85;L. 2002, ch. 157, § 19; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter61 > Article38 > Statutes_24910

61-3808

Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS Article 38.--EVICTIONS

61-3808. Writ of restitution.(a) Ifjudgment is entered against the defendant for possession of thesubject premises, thecourt shall issue, at the request of the plaintiff, a writ of restitution whichshall direct anyonewho is authorized to serve process and who is named in the writ to place theplaintiff inpossession of the premises described in the writ.

(b) The writ of restitution shall be executed within 10 days after the personnamed in the writreceives it, and that person shall file a return as withother writs underthe code of civil procedure for limited actions. The person serving the writmay use such reasonable force as is necessary toexecute the writ.

(c) If the person named in the writ receives a notice from the courtthat the proceedings have been stayed by appeal, that person shall immediatelydelay allfurther proceedings upon the execution. If the premises have been restored tothe plaintiff, theperson named in the writ shall immediately place the defendant in thepossession thereof.

History: L. 2000, ch. 161, § 85;L. 2002, ch. 157, § 19; July 1.

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Statutes > Kansas > Chapter61 > Article38 > Statutes_24910

61-3808

Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS Article 38.--EVICTIONS

61-3808. Writ of restitution.(a) Ifjudgment is entered against the defendant for possession of thesubject premises, thecourt shall issue, at the request of the plaintiff, a writ of restitution whichshall direct anyonewho is authorized to serve process and who is named in the writ to place theplaintiff inpossession of the premises described in the writ.

(b) The writ of restitution shall be executed within 10 days after the personnamed in the writreceives it, and that person shall file a return as withother writs underthe code of civil procedure for limited actions. The person serving the writmay use such reasonable force as is necessary toexecute the writ.

(c) If the person named in the writ receives a notice from the courtthat the proceedings have been stayed by appeal, that person shall immediatelydelay allfurther proceedings upon the execution. If the premises have been restored tothe plaintiff, theperson named in the writ shall immediately place the defendant in thepossession thereof.

History: L. 2000, ch. 161, § 85;L. 2002, ch. 157, § 19; July 1.