60-2601. Duties of court clerk. (a) General powers and duties. In the performance of their duties all clerks of record shall be under the direction of the court.
(b) Dockets. Subject to the provisions of K.S.A. 60-2601a, and amendments thereto, the clerk of the court shall keep the following dockets or other records which may be ordered by the court in the following manner:
(1) Appearance docket. The clerk shall keep one or more appearance dockets and enter each civil action in the docket. Actions within each appearance docket shall be assigned consecutive file numbers. The file number of each action shall be noted on the docket on which the first entry of the action is made. All papers filed with the clerk, all process issued and returns made and, all appearances, orders, verdicts and judgments shall be noted chronologically on the appearance docket. These notations shall be brief but shall show the nature of each paper filed or writ issued and the substance of each order or judgment of the court and of the returns showing execution of process.
(2) General index. The general index shall be kept in a form in which names are arranged in alphabetical order. Plaintiffs, petitioners, defendants and respondents shall be listed as well as the case file number.
(c) Issuance of writs and orders. All writs and orders for provisional remedies shall be issued by the clerks of the several courts, upon praecipes filed with the clerk, demanding the writs and orders.
(d) Filing and preservation of papers. Except as otherwise provided by law, it is the duty of the clerk of each of the courts to file together and carefully preserve in the office of the clerk all papers delivered to the clerk for that purpose, in every action or special proceeding. The date and time of receipt of filings received by the clerk shall be recorded.
History: L. 1963, ch. 303, 60-2601; L. 1971, ch. 197, § 1; L. 1976, ch. 257, § 1; L. 1976, ch. 251, § 37; L. 1977, ch. 109, § 35; L. 1982, ch. 251, § 1; L. 1984, ch. 147, § 16; L. 1991, ch. 165, § 2; L. 2011, ch. 96, § 3; July 1.
Source or prior law:
(a). G.S. 1868, ch. 80, § 716; L. 1909, ch. 182, § 741; R.S. 1923, 60-3813.
(b). G.S. 1868, ch. 80, §§ 703–707, 709–712; L. 1909, ch. 182, §§ 729–733, 735–737; R.S. 1923, 60-3801 through 60-3805, 60-3807 through 60-3809.
Cross References to Related Sections:
Clerk of district court, duties, generally, see 20-3102.
Prohibited conduct of clerk or deputy, see 20-3133.
Law Review and Bar Journal References:
"Practicing Law in a Unified Kansas Court System," Linda Diane Henry Elrod, 16 W.L.J. 260, 261 (1977).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-3801 through 60-3804, 60-3807, 60-3808, 60-3813 and the 1961 Supp. thereto.
1. Divorce judgment rendered in open court good as between the parties, even though no journal entry filed nor entry made in appearance docket. In re Estate of Penn, 216 Kan. 153, 157, 158, 531 P.2d 133.
2. Duties of clerk defined; improper entry did not fail to impart notice. Carnation Co. v. Midstates Marketers, Inc., 2 Kan. App. 2d 236, 238, 577 P.2d 827.
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