Kan. Stat. Ann. § 60-101
Citation of act
This act may be cited as the code of civil procedure.
Kansas Statutes Annotated Chapter 60 — Procedure, Civil
Kansas · statute · Kan. Stat. Ann. ch. 60 · 640 active provisions
Provisions
Kan. Stat. Ann. § 60-102
Construction
The provisions of this act shall be liberally construed, administered and employed by the court and the parties to secure the just, speedy and inexpensive determination of every action and proceeding.
Kan. Stat. Ann. § 60-103
Restricted mail defined
The term "restricted mail" as used in this chapter means mail, sent postage or other delivery fees prepaid, that is endorsed on its face pursuant to applicable postal regulations so that the sender will receive a return receipt notification with the date and address of delivery, and, if the addressee is a natural perso…
Kan. Stat. Ann. § 60-104
Acts by court or judge
All trials on the merits must be conducted in open court and, subject to K.S.A. 20-347, and amendments thereto, in a regular courtroom. All other acts or proceedings, including the entry of a ruling or judgment, may be done or conducted by a judge or judge pro tem in chambers, without the attendance of the clerk or oth…
Kan. Stat. Ann. § 60-201
Rules of civil procedure; citation; scope
(a) The provisions of this article may be cited as the rules of civil procedure. (b) This article governs the procedure in all civil actions and proceedings in the district courts of Kansas, other than actions commenced pursuant to the code of civil procedure for limited actions.
Kan. Stat. Ann. § 60-202
One form of action
There is one form of action, the civil action.
Kan. Stat. Ann. § 60-203
Commencement of action
(a) Time of commencement. A civil action is commenced at the time of: (1) Filing a petition with the court, if service of process is obtained or the first publication is made for service by publication within 90 days after the petition is filed, except that the court may extend that time an additional 30 days upon a sh…
Kan. Stat. Ann. § 60-204
Process, generally
The methods of serving process set out in article 3 of this chapter constitute sufficient service of process in all civil actions and proceedings, but are alternatives to and do not restrict different methods specifically provided by law. Substantial compliance with any method of serving process effects valid service o…
Kan. Stat. Ann. § 60-205
Service and filing of pleadings and other papers
(a) Service; when required. (1) In general. Except as otherwise provided in this chapter, each of the following papers must be served on every party: (A) An order stating that service is required; (B) a pleading filed after the original petition, unless the court orders otherwise under subsection (c) because there are…
Kan. Stat. Ann. § 60-206
Time, computation and extension; accessibility of court; definitions; extension or suspension of computation rules or time limitations by chief justice
(a) Computing time. The following provisions apply in computing any time period specified in this chapter, in any local rule or court order or in any statute or administrative rule or regulation that does not specify a method of computing time. (1) Period stated in days or a longer unit. When the period is stated in da…
Kan. Stat. Ann. § 60-207
Pleadings allowed; motions; form
(a) Pleadings. Only these pleadings are allowed: (1) A petition that complies with subsection (c); (2) an answer to a petition; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer to a crossclaim; (5) a third-party petition; (6) an answer to a third-party petition; and (7) if the court orders on…
Kan. Stat. Ann. § 60-208
General rules of pleadings
(a) Claim for relief. A pleading that states a claim for relief must contain: (1) A short and plain statement of the claim showing that the pleader is entitled to relief; and (2) a demand for the relief sought, which may include relief in the alternative or different types of relief. Except in contract actions, every p…
Kan. Stat. Ann. § 60-209
Pleading special matters
(a) Capacity or authority to sue; legal existence. (1) In general. A pleading need not allege: (A) A party's capacity to sue or be sued; (B) a party's authority to sue or be sued in a representative capacity; or (C) the legal existence of an organized association of persons that is made a party. (2) Raising those issue…
Kan. Stat. Ann. § 60-210
Form of pleadings
(a) Caption; names of parties. Every pleading must have a caption with the court's name, a title, a file number and a designation as in subsection (a) of K.S.A. 60-207, and amendments thereto. The title of the petition must name all the parties; the title of other pleadings, after naming the first party on each side, m…
Kan. Stat. Ann. § 60-211
Signing of pleadings, motions and other papers; representations to the court; sanctions
(a) Signature. Every pleading, written motion and other paper must be signed by at least one attorney of record in the attorney's name, or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, telephone number and fax number. Unless a rule or statute specificall…
Kan. Stat. Ann. § 60-212
Defenses and objections; presentations, when and how; certain motions; waiver
(a) Time to serve a responsive pleading. (1) In general. Unless otherwise provided by law, the time for serving a responsive pleading is as follows: (A) A defendant must serve an answer: (i) Within 21 days after being served with the summons and petition; or (ii) within the time fixed in the notice when service is by p…
Kan. Stat. Ann. § 60-213
Counterclaims and cross-claims
(a) Compulsory counterclaims. (1) In general. A pleading must state as a counterclaim any claim that, at the time of its service, the pleader has against an opposing party if the claim: (A) Arises out of the transaction or occurrence that is the subject matter of the opposing party's claim; and (B) does not require add…
Kan. Stat. Ann. § 60-214
Third-party practice
(a) When defending party may bring in a third party. (1) Timing of the summons and complaint. A defending party may, as a third-party plaintiff, serve a summons and petition on a nonparty who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff must, by motion, obtain the cou…
Kan. Stat. Ann. § 60-215
Amended and supplemental pleadings
(a) Amendments before trial. (1) Amending as a matter of course. A party may amend its pleading once as a matter of course within: (A) 21 days after serving it; or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion u…
Kan. Stat. Ann. § 60-216
Pretrial conferences; case management conference
(a) Purposes of a pretrial conference. In any action, the court must on the request of any party, or may without a request, order the attorneys for the parties and any unrepresented parties to appear for one or more conferences to expedite processing and disposition of the litigation, minimize expense and conserve time…
Kan. Stat. Ann. § 60-217
Parties; capacity
(a) Real party in interest. (1) Designation in general. An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought: (A) An executor; (B) an administrator; (C) a guardian; (D) a conservator; (E) a bai…
Kan. Stat. Ann. § 60-218
Joinder of claims; contingent claims
(a) In general. A party asserting a claim, counterclaim, crossclaim or third-party claim, may join, as independent or alternative claims, as many claims as it has against an opposing party. (b) Joinder of contingent claims. A party may join two claims even though one of them is contingent on the disposition of the othe…
Kan. Stat. Ann. § 60-219
Required joinder of parties; feasibility
(a) Persons required to be joined if feasible. (1) Required party. A person who is subject to service of process must be joined as a party if: (A) In that person's absence, the court cannot accord complete relief among existing parties; or (B) that person claims an interest relating to the subject of the action and is…
Kan. Stat. Ann. § 60-220
Permissive joinder of parties
(a) Persons who may join or be joined. (1) Plaintiffs. Persons may join in one action as plaintiffs if: (A) They assert any right to relief jointly, severally or in the alternative with respect to or arising out of the same transaction, occurrence or series of transactions or occurrences; and (B) any question of law or…
Kan. Stat. Ann. § 60-221
Misjoinder and nonjoinder of parties
Misjoinder of parties is not a ground for dismissing an action. On motion, or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.
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