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KANSAS STATUTES AND CODES
61-3202. Trial of actions by court or jury; evidence.
61-3202
61-3202. Trial of actions by court or jury;evidence.(a) Ifa case is not settled or otherwise disposed of at thepretrial hearing, the caseshall be set for trial by the court.
(b) All lawsuits filed under this act shall be tried by the court, unless atrial by jury isdemanded by one of the parties. Demand for jury trial shall be made on orbefore the date of the pretrial conference.
(c) A lawsuit tried by jury pursuant to the code of civil procedure forlimited actions shall be tried to ajury composed ofsix persons having the same qualifications of jurors as other jurors indistrictcourt, unless theparties agree on a lesser number. The court shall summon not less than 12prospective jurorsfrom the source and in the manner provided for the summoning of petit jurors inthe districtcourt. When there is more than one plaintiff or more than one defendant insuch action, thecourt shall summon three additional prospective jurors for each such additionalplaintiff ordefendant. Each juror shall be paid as specified in K.S.A. 43-171, andamendments thereto, for each day of attendanceand shall receive mileage at the rate prescribed in K.S.A. 75-3203, andamendments thereto. Such jury fees shall be paidby the county. The provisions of K.S.A. 60-247, subsections (b) through (h)ofK.S.A. 60-248, K.S.A. 60-250 and 60-251, and amendments thereto, shall beapplicable to actions pursuant tothe code of civil procedure for limited actions insofar as they are notinconsistent with the provisions of this act.
(d) In all trials pursuant to the code of civil procedure for limitedactions, the testimony of witnesses shallbe taken orally inopen court, unless otherwise provided by this act. All matters relating towitnesses and theadmission of evidence shall be governed by article 4 of chapter 60 of theKansas StatutesAnnotated, and amendments thereto.
History: L. 2000, ch. 161, § 32; Jan. 1, 2001.