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Rule 121

Rule 121: Procedure Under Kansas Standard Asset Seizure and Forfeiture Act, K.S.A. 60-4101 et seq.

Section District Courts
(a)   Procedure for Filing. When a forfeiture proceeding is commenced under K.S.A. 60‑4109 by filing a notice of pending forfeiture, the notice must be filed with the district court having jurisdiction under K.S.A. 60‑4103. The clerk must file stamp and assign a case number to the notice. No filing fee is required.

(b)   Uncontested Forfeiture Proceeding. If a forfeiture proceeding is uncontested, the court may order forfeiture under K.S.A. 60‑4116 without additional notice.

(c)   Contested Forfeiture Proceeding. If a judicial forfeiture proceeding to resolve a proper claim is commenced after a notice of pending forfeiture, no additional notice of the judicial forfeiture proceeding is required.

[History: New rule effective September 6, 2000; Restyled rule effective July 1, 2012.]

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