60-910. Vacating or modifying order. - Kansas Statutes

60-910

Chapter 60.--PROCEDURE, CIVIL Article 9.--INJUNCTION

      60-910.   Vacating or modifying order.(a) Before final judgment. At any time before the judgment theparty restrained or enjoined may apply to the judge of the court in whichthe action is brought, to vacate or modify the same. The application may bemade upon the petition and affidavits upon which the restraining order orinjunction is granted, or upon affidavits on the part of the partyrestrained, with or without answer.

      (b)   After final judgment. Any interested party, including a partysubsequently acquiring an interest in the subject matter of the injunction,may file a petition in the same action to have a judgment of permanentinjunction vacated or modified. The petition shall be verified, filed inthe court from which the judgment issued, and shall state that there hasbeen a change in conditions rendering the injunction unnecessary orpartially unnecessary and that petitioner's interests are being adverselyaffected. The changed conditions shall be stated in reasonable detail. Theprocedure pertaining to original civil actions shall be followed. If thejudge, after hearing, finds that the petition was not filed in good faith,the judge shall assess the expenses and reasonable attorneys' fees against thepetitioner for those parties who have defended against the application, thesame to be collected as costs in the action.

      History:   L. 1963, ch. 303, 60-910; Jan. 1, 1964.