White v. Shipman

No. 116,232 IN THE COURT OF APPEALS OF THE STATE OF KANSAS ALAN WHITE, Appellant, v. BILL SHIPMAN, Deputy Warden, et al., Appellees. SYLLABUS BY THE COURT 1. A K.S.A. 60-1501 proceeding is summary in nature and is not subject to the ordinary rules of civil procedure. 2. The statutes authorizing a K.S.A. 60-1501 proceeding and prescribing the procedure for its disposition do not specifically provide for a manner of discovery. 3. In a K.S.A. 60-1501 proceeding, discovery is almost never appropriate and is subject to the broad discretion of the district court. 4. To state a claim for relief…