Understanding Civil Court Records in Kansas

In Kansas, civil court records are maintained by the judiciary and include all non-criminal case documents maintained by the clerk of court that detail civil proceedings conducted within the state. Civil cases involve a dispute or claim between two or more entities and are often resolved by the payment of monetary compensation to the aggrieved party. Examples of these cases include defamation, breach of contractual agreements, torts (property damage or personal injury), consumer protection, and employment disputes. Most civil cases are non-confidential in Kansas, as per the state's Open Records Act (KORA).

Civil Court Record Statistics Reported by Kansas Courts

The Kansas Judicial Branch publishes Case Statistics reports that show a breakdown of the statistics for civil cases handled by the different types of courts in the state. Below is a summary of the details of the civil case statistics covering the fiscal years 2023 and 2024.

In Fiscal Year July 2023 - June 2024, a total of 144,925 civil cases were filed in the Kansas District Courts (the state's civil courts), including

33,176 domestic relations
99, 465 limited actions
12,310 regular actions

A total of 133,228 cases were disposed of, and 54,896 remained pending.

Meanwhile, in the appellate courts:

1,267 appeals were commenced
1,292 appeals were terminated
1,880 remained pending

In the Fiscal Year July 2022 - June 2023, a total of 135,802 civil cases were handled, including

33,805 domestic relations
88,933, limited actions
13,064 regular actions

Of these, 131,706 cases were disposed of, and 44,630 remained pending.

Additional civil cases handled by the district courts included

1,885 adoption cases
11,479 probate cases
3,174 small claims

In the appellate courts:

1,244 appeals were commenced
1,638 appeals were terminated
1,502 remained pending

Statistical information about civil cases handled by the Kansas District and Appellate Courts through the years is published on the Kansas Judicial Branch's Case Statistics website.

How Civil Records Differ from Criminal Records in Kansas

Civil records differ structurally from criminal records, as their underlying cases are not handled in the same manner. Chapter 60 of the Kansas Statutes outlines the state's civil procedure, while Chapters 21 and 22 outline the state's criminal procedure. Additionally, the classification of the two case types differs: civil cases are classified as either limited or regular, while criminal cases are classified as felonies, misdemeanors, and infractions (such as traffic, tobacco, or cigarette violations). Other distinctions are listed below.

Category	Civil Court Record	Criminal Court Record
Legal Purpose	Resolve disputes between two or more parties	Prosecute a criminal charge
Case Title	Plaintiff vs. Defendant	State of Kansas vs. Defendant
Potential Outcome	Dismissal, monetary compensation, court orders	Acquittal, dismissal, conviction (fines, imprisonment)
Public Access	Generally accessible with some limitations	Typically accessible, though likely to have more restrictions

Structure of the Civil Court System in Kansas

The Kansas court system is three-tiered, comprising the Supreme Court, the Court of Appeals, and the District Court.

Supreme Court: The Supreme Court stands as the highest judicial authority, tasked with reviewing decisions from the Court of Appeals and, in serious cases, directly from district courts. It also holds jurisdiction over disputes involving the state government.
Court of Appeals: This intermediate court hears appeals from the district courts, except those handled by the Supreme Court. It also hears cases involving administrative agencies.
District Courts: District courts are trial courts with jurisdiction over several criminal and civil matters, including conservatorship, divorce, domestic relations, juvenile matters, small claims, estate administration, and guardianship. Each county has a district court as outlined in K.S.A 20-301.

The Supreme Court established statewide rules for district courts, but allows them to adopt local rules upon meeting specific criteria. These local rules are published on the Kansas Judiciary's website.

Municipal Courts: Also called city courts, these handle violations of city ordinances, traffic offenses, and other minor issues.

Public Access to Civil Court Documents in Kansas

Records produced by public bodies in Kansas are presumed to be public under the Kansas Open Records Act (KORA). This law also applies to documents created or maintained by the judiciary. As a result, court records, including civil case records, are generally accessible to interested individuals.

However, not all records are public. K.S.A. 45-221 states exceptions to KORA, including

Sealed records
Juvenile records
Adoption records
Personal records, performance evaluations, or individually identifiable records relating to employees or job applicants
Records of agencies involved in civil litigation
Contents of appraisals

Confidential records are accessible only to individuals with a court order or those who have been granted legal authorization to view them.

How to Lookup Kansas Civil Court Records

In line with KORA, the Kansas judiciary offers several methods for accessing civil records. These channels may be online or onsite:

Online Search: For remote access to Kansas court records, the Kansas District Court Public Access Portal is available to the public. Users must register for an account to perform searches. If a public record is not found through this online system, it may still be available by contacting the relevant clerk's office.
Public Terminals: Civil case records can also be searched in person at the courthouse where the case was heard. Each court provides a computer terminal reserved for public searches of court records.
The Clerk of the Court's Office: The clerk of the court is the official custodian of court records. Individuals may visit the clerk's office in the county where the case was filed to look up civil case records.

Requesters may also request copies, which typically require a fee. Requests, particularly for case documents, may be made in writing via the judiciary's request form.

Case record searches typically require the name of a party to the case or the case number.

Types of Civil Cases Filed in Kansas Courts

Common civil cases filed in the Kansas District Courts include

Family law: Includes protection orders, divorce, custody, adoption, and child support
Contract disputes: Includes promissory notes, breach of contract, and debt recovery, typically involving damages of $10,000 or more
Tort: Cases involving defamation, product liability, and negligence
Property disputes: Foreclosure, liens, eminent domain
Landlord-tenant matters: Includes nonpayment of rent, rental agreements, and eviction proceedings
Probate and estates: Includes estate administration, will contests, trust disputes, and conservatorships
Small claims: Civil cases with damages under $10,000. These are handled by the small claims court

Information Captured in Kansas Civil Court Files

The contents of a civil court file in Kansas are determined by the type of case and the filings made during the proceedings. The clerk of the court serves as the official custodian of these records. A Kansas civil case file may include the following information:

Case number, case type
Filing date
Case status
Documents
- Complaints
- Transcripts
- Orders
- Notices
- Pleadings
- Motions
- Docket sheets
- Briefs and memoranda
- Subpoenas
- Judgment

Retention and Archiving of Civil Court Records in Kansas

Rule 108 of the Kansas Court Rules governs the retention, reproduction, and disposition of court records in the Kansas District Courts, including civil records. The rule states which records must be preserved until they are reproduced and which may be destroyed (even before reproduction).

Some of the stated retention timeframes for civil records are as follows:

Court Record	Retention
Probate records (except wills, care and treatment cases)	Permanent records. Retained until they are reproduced
Family law	Permanent records. Retained until reproduced
Civil	Permanent
Civil (limited action and small claims)	Retained for 10 years after the filing, then disposed of
Child in need of care (official and social files)	Retained for 100 years after the date of filing, then destroyed
Mechanics lien	Retained for 2 years after the filing of the lien
Wills filed under K.S.A. 59-618a	Retained 75 years after the year of filing, after which they are to be destroyed