59-2408. Appeal from a district magistrate judge; trial on appeal; pleadings; issues; evidence. - Kansas Statutes

59-2408

Chapter 59.--PROBATE CODE Article 24.--APPEALS AND TRANSFERS

      59-2408.   Appeal from a district magistrate judge;trial on appeal; pleadings;issues; evidence.Except as provided for in K.S.A. 59-2401a, and amendments thereto, whenever anappeal has been taken from an order, judgment, decree ordecision of a district magistrate judge, the district judge to which theappeal is assigned by the chiefjudge, without unnecessary delay, shall proceed to hear and determine allissues in the matter de novo and shall allowand may require pleadings to be filed oramended. The right to file new pleadings shall not be abridged orrestricted by the pleadings filed, or by failure to file pleadings, inthe proceedings before the district magistrate judge; nor shall thetrial or the issues to be considered by the district judge be abridged orrestricted by any failure toappear or by the evidence introduced, or the absence or insufficiencythereof, in the proceedings before the district magistrate judge.

      History:   L. 1939, ch. 180, § 276;L. 1945, ch. 237, § 5;L. 1965, ch. 346, § 49;L. 1976, ch. 242, § 63;L. 1977, ch. 112, § 23;L. 1978, ch. 222, § 2;L. 1986, ch. 115, § 89;L. 1999, ch. 57, § 52;L. 2006, ch. 56, § 4; July 1.