© Bruce C. Ward  June 2000

Chapter 61 Bill Passes

After much effort by the KCAA, KCA and Judicial Council staff, the bill to rewrite Chapter 61 proposed by the Judicial Council passed the legislature and was signed by the Governor.  The bill (H Sub SB 504) takes effect on January 1, 2001.

The effect of the new law will be to:

A.  To allow and encourage judicial districts to study and adopt a procedure for the electronic filing of court documents.

B.  To streamline the procedure under Chapter 61 to reduce the amount of paperwork filed with the clerk and the amount of court time required in the handling of Chapter 61 cases.

C.  Make Chapter 61 easier to work with by grouping like sections together.  (Note the original 15 Articles drafted by the Sub-Committee).

1.  118 sections of the act which recodify what is now Chapter 61.  Existing sections of Chapter 61 will be repealed upon effective date (except for Small Claims provisions).

2.  Future Supreme Court rule on technical standards for electronic filing.

3.  Future Supreme Court rule on forms to be used under Chapter 61.

4.  Effective date is January 1, 2001.

Despite fierce opposition by KCAA and KCA, filing fees on court cases in Kansas will be increased on July 1, 2000.  The new fees will be:

Chapter 61

$0 - 500 $501 - 5000 over $5000

$26.00 $46.00 $76.00

Chapter 60

all cases

$101..00

 
 

Bad Check Law Amended

K.S.A. 60-2610, the bad check law, was amended effective July 1, 2000.  The changes will require additional language in the 14 day notice and in the Petition.

The text of the new law can be seen here HB 2905.
 
 

Seminar City

I will be presenting a 3 hour seminar for the Wichita Bar Association on June 23, 2000, at 1:30 p.m. in Wichita, on the new Chapter 61 bill (H Sub SB 504).

I will also be on the panel for a Collection Law in Kansas seminar from Lorman Education Services in Wichita on September 7, 2000.  I will again speak on the new Chapter 61 law.