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K.S.A. 60-265.Applicability of article

Last amended July 1, 2010 · Last verified July 28, 2026

In one sentenceK.S.A. 60-265 defines the reach of this article, applying it to civil actions and proceedings in the district courts other than limited actions, extending it to other proceedings whose own procedural codes are silent on a point, and directing courts to proceed justly and equitably wherever no provision covers a matter.

Full Text of K.S.A. 60-265

Text sizeJump to: (a) (b) (c)

(a) Generally. The provisions of this article apply to civil actions and proceedings in the district courts, other than actions commenced pursuant to the code of civil procedure for limited actions.
(b) Additional circumstances when this article may be applicable. In actions and proceedings in the district courts, other than civil actions, the codes of procedure adopted for those proceedings must govern. When the codes of procedure adopted for proceedings in the district court other than civil actions, or the codes of procedure for any other court, commission or other judicial or quasi-judicial body, fail to contain a specific provision on a particular procedure, then the provisions of this article may be adopted.
(c) Matters not specifically included in this article. When no provision in this article refers specifically to a matter over which the court has jurisdiction, the court must proceed in a just and equitable manner that protects the rights and interests of all affected parties.

Amendment History

L. 1963, ch. 303, 60-265; L. 1976, ch. 251, § 7; L. 2000, ch. 161, § 111; L. 2010, ch. 135, § 139; July 1.

Plain-English Summary

K.S.A. 60-265 marks the outer boundary of the rules of civil procedure found in this article. Subsection (a) applies the article to civil actions and proceedings in the district courts, with one carve-out: actions commenced under the code of civil procedure for limited actions fall outside it.

Subsection (b) extends the article's reach further, but only as a gap-filler. In district-court proceedings that aren't civil actions, the procedural codes adopted for those proceedings govern first. Only when those codes -- or the codes for any other court, commission, or judicial or quasi-judicial body -- don't contain a specific provision on a particular procedure does this article's provisions become available to fill that gap.

Subsection (c) covers what's left over: when no provision in this article refers specifically to a matter the court has jurisdiction over, the court must proceed in a manner that's just and equitable and that protects the rights and interests of everyone affected.

Frequently Asked Questions

Does this article apply to limited actions?

No. K.S.A. 60-265(a) applies the article to civil actions and proceedings in the district courts other than those commenced under the code of civil procedure for limited actions.

What happens if a proceeding follows a different procedural code that doesn't address a particular issue?

Subsection (b) allows this article's provisions to be adopted for that specific procedure when the code governing the other proceeding, or the code for another court or judicial body, doesn't contain a specific provision on it.

What if this article doesn't cover a matter the court has jurisdiction over at all?

Subsection (c) directs the court to proceed in a just and equitable manner that protects the rights and interests of all affected parties.

Does 60-265 mean this article can apply outside civil actions in district court?

Only in a limited, gap-filling way -- subsection (b) lets it apply to non-civil-action proceedings in district court, or to proceedings before other courts, commissions, or judicial bodies, when those proceedings' own procedural codes are silent on the specific point at issue.

Source & verification. Section text is reproduced verbatim from the Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026. · Official source
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