KANSAS STATUTES AND CODES

61-2709. Appeals.

61-2709

Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS Article 27.--SMALL CLAIMS PROCEDURE

61-2709. Appeals.(a) An appeal may be taken from any judgment under the small claimsprocedure act. All appeals shall be by notice of appeal specifying theparty or parties taking the appeal and the order, ruling, decision orjudgment complained of and shall be filed with the clerk of the districtcourt within 10 days after entry of judgment. All appeals shallbe tried and determined de novo before a district judge, other thanthe judge from which the appeal istaken. The provisions of K.S.A. 60-2001 and 61-1716, and amendments thereto,shall be applicableto actions appealed pursuant to this subsection. The appealing partyshall cause notice of the appeal to be served upon all other parties tothe action in accordance with the provisions of K.S.A. 60-205 andamendments thereto. Anappeal shall be perfected upon the filing of the notice of appeal. Whenthe appeal is perfected, the clerk of the court or the judge from whichthe appeal is taken shall refer the case to the chiefjudge forassignment in accordance with this section. All proceedings for theenforcement of any judgment under the small claims procedure act shall bestayed during the time withinwhich an appeal may be taken and during the pendency of an appeal,without the necessity of the appellant filing a supersedeas bond. If theappellee is successful on an appeal pursuant to this subsection, thecourt shall award to the appellee, as part of the costs, reasonable attorneyfees incurred by the appellee on appeal.

(b) Any order, ruling, decision or judgment rendered by a districtjudge on an appeal taken pursuant tosubsection (a) may be appealed in the manner provided in article 21 ofchapter 60 of the Kansas Statutes Annotated.

History: L. 1973, ch. 239, § 9;L. 1974, ch. 242, § 2;L. 1976, ch. 258, § 58;L. 1977, ch. 208, § 1;L. 1979, ch. 187, § 3;L. 1982, ch. 116, § 12;L. 1986, ch. 115, § 101;L. 1999, ch. 57, § 61; July 1.