Printable Format60-611. Effect of improper venue. If an action is commenced in good faith and a subsequent timely objection to the venue is sustained, or if before trial on the merit commences, it is found that no cause of action exists in favor of or against a party upon whom venue was dependent, the action shall be transferred to a court of proper jurisdiction of any county of proper venue. If there is more than one such county, the transfer shall be to the court of a county selected by the plaintiff. In accordance with K.S.A. 60-2001 and amendments thereto, the receiving district court shall require the payment of an appropriate docket fee from the movant.
History: L. 1963, ch. 303, 60-611; L. 1993, ch. 107, ยง 1; July 1.
Cross References to Related Sections:
Where action fails other than on merits, new action may be commenced, when, see 60-518.
Code of civil procedure for limited actions, see 61-3409.
Law Review and Bar Journal References:
Survey of Kansas family law, Harvey S. Berenson, 17 K.L.R. 349, 368 (1969).
CASE ANNOTATIONS
1. Cited in determining retention of jurisdiction for enforcement of child support. Wheeler v. Wheeler, 196 Kan. 697, 704, 414 P.2d 1.
2. Error in overruling objections to venue when timely raised; appeal heard on merits; action on insurance policy. Alliance Life Ins. Co. v. Ulysses Volunteer Firemen's Assn., 215 Kan. 937, 942, 529 P.2d 171.
3. Plaintiff's right to select venue where several defendants properly joined and substantial claim existed; trial court's discretion. Fredricks v. Foltz, 221 Kan. 28, 32, 557 P.2d 1252.
4. District court without authority to transfer action upon application of doctrine of forum non conveniens; dismissal of action is proper procedure. Quillin v. Hesston Corp., 230 Kan. 591, 594, 640 P.2d 1195 (1982).
5. Improper venue would not result in dismissal, but merely transfer. Cansler v. State, 234 Kan. 554, 573, 675 P.2d 57 (1984).
6. Participant in litigation must have significant role to be considered a party under venue statutes. Schmidt v. Shearer, 26 Kan. App. 2d 760, 767, 995 P.2d 381 (1999).
7. When a K.S.A. 60-1501 petition is filed in the wrong county, the district court should transfer the case to the proper venue. Johnson v. Zmuda, 59 Kan. App. 2d 360, 481 P.3d 180 (2021).