Kansas SB 54: Authorizing judges to extend protection from abuse orders for more reasons and tolling time when subject of the order is in prison.

Bill Text

Substitute for SENATE BILL No. 54
AN ACT concerning the code of civil procedure; relating to litigation funding by third
parties; limiting discovery and disclosure of third-party litigation funding
agreements; requiring reporting of such agreements to the court; amending K.S.A.
2024 Supp. 60-226 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 60-226 is hereby amended to read as
follows: 60-226. (a) Discovery methods. Parties may obtain discovery
by one or more of the following methods: Depositions on oral
examination or written questions; written interrogatories; production of
documents or things or permission to enter onto land or other property
under K.S.A. 60-234, K.S.A. 60-245(a)(1)(A)(iii) or K.S.A. 60-245a,
and amendments thereto; physical and mental examinations; and
requests for admission.
(b) Discovery scope and limits. (1) Scope in general. Unless
otherwise limited by court order, the scope of discovery is as follows:
Parties may obtain discovery regarding any nonprivileged matter that is
relevant to any party's claim or defense and proportional to the needs of
the case, considering the importance of the issues at stake in the action,
the amount in controversy, the parties' relative access to relevant
information, the parties' resources, the importance of the discovery in
resolving the issues and whether the burden or expense of the proposed
discovery outweighs its likely benefit. Information within this scope of
discovery need not be admissible in evidence to be discoverable.
(2) Limitations on frequency and extent. (A) On motion, or on its
own, the court may limit the frequency or extent of discovery methods
otherwise allowed by the rules of civil procedure and must do so if it
determines that:
(i) The discovery sought is unreasonably cumulative or
duplicative, or can be obtained from some other source that is more
convenient, less burdensome or less expensive;
(ii) the party seeking discovery has had ample opportunity to
obtain the information by discovery in the action; or
(iii) the proposed discovery is outside the scope permitted by
subsection (b)(1).
(B) A party need not provide discovery of electronically stored
information from sources that the party identifies as not reasonably
accessible because of undue burden or cost. On motion to compel
discovery or for a protective order, the party from whom discovery is
sought must show that the information is not reasonably accessible
because of undue burden or cost. If that showing is made, the court
may nonetheless order discovery from such sources if the requesting
party shows good cause, considering the limitations of subsection (b)
(2)(A). The court may specify conditions for the discovery.
(3) Agreements. (A) Insurance agreements. A party may obtain
discovery of the existence and contents of any insurance agreement
under which an insurance business may be liable to satisfy part or all of
a possible judgment in the action or to indemnify or reimburse for
payments made to satisfy the judgment. Information concerning the
insurance agreement is not by reason of disclosure admissible in
evidence at trial. For purposes of this paragraph, an application for
insurance is not a part of an insurance agreement.
(B) (i) Third-party litigation funding agreements. (a) A party shall
provide to the court, for in camera review, any third-party litigation
funding agreement within 30 days after commencement of a legal
action or 30 days after execution of a third-party litigation funding
agreement, whichever is later.
(b) Except as otherwise stipulated by the parties or ordered by the
court, if a party has entered into a third-party litigation funding
agreement, such party shall deliver to all other parties, within 30 days

Substitute for SENATE BILL No. 54—page 2
after commencement of a legal action or 30 days after execution of
such third-party litigation funding agreement, whichever is later, a
sworn statement disclosing:
(1) The identity of all contracting parties to the third-party
litigation funding agreement, including the name, address and, if a
party is a legal entity, the place of formation of such entity;
(2) whether the agreement grants a third-party funder control or
approval rights with respect to litigation or settlement decisions or
otherwise has the potential to create conflicts of interest between the
third-party funder and the party and, if the agreement does grant such
control or approval rights, the nature of the terms and conditions
relating to such control or approval rights;
(3) whether the agreement grants a third-party funder the right to
receive materials designated as confidential pursuant to a protective or
confidentiality agreement or order in the action;
(4) the existence of any known relationship between a third-party
funder and the adverse party, the adverse party's counsel or the court;
(5) a description of the nature of the financial interest, including,