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CIVIL RULE - NO. 33
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Recovery of Attorney Fees in Certain Cases
In cases involving a claim of property damage arising out of an automobile accident
under K.S.A. 60-2006, and in all other cases in which attorney fees are authorized
either by statute or written contract, and the defendant failed to file a written
answer and default judgment was granted, the Court will presume that the following
shall constitute a reasonable attorney’s fee in the absence of an affidavit or other
evidence demonstrating, under applicable standards (see Model Rule of Professional
Responsibility 1.5), that a different amount is required for the award of a reasonable
fee in a specific case:
Automobile accident cases: $1,000.00 (subject to Court discretion);
Insufficient fund check cases:$ 350.00 (subject to Court discretion);
Credit card cases: 15% of amount due up to a maximum of $1,000.00 (subject to Court
discretion);
Any other case authorized by statute or contract: $1,000.00 (subject to Court discretion).
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