Chapter 60 — PROCEDURE, CIVIL

60-101. Citation of act. This act may be cited as the code of civil procedure. History: L. 1963, ch. 303, 60-101; L. 2010, ch. 135, § 64; July 1. Source or prior law: G. S. 1868, ch. 80, § 1; L. 1909, ch. 182, § 1; R. S. 1923, 60-101. CASE ANNOTATIONS Prior law cases, see G.S. 19…

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. History: L. 1963, ch. 303, 60-102; L. 1997, ch. 173, § 1;…

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 t…

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 …

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 …

60-202. One form of action. There is one form of action, the civil action. History: L. 1963, ch. 303, 60-202; L. 2010, ch. 135, § 69; July 1. Source or prior law: G.S. 1868, ch. 80, §§ 10, 11; L. 1909, ch. 182, § 10; R.S. 1923, 60-201. Cross References to Related Sections: Pleadi…

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, ex…

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 c…

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 afte…

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…

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…

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 a…

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 orga…

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 tit…

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 unrepr…

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) Wi…

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 i…

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 aga…

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, 2…

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 confer…

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;…

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 ma…

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 pa…

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, occu…

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. History: L. 1963, ch. 303, 60…

60-222. Interpleader. (a) Grounds. (1) By a plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is proper even though: (A) The claims of the several claimants, …

60-223. Class actions. (a) Prerequisites. One or more members of a class may sue or be sued as representative parties on behalf of all members only if: (1) The class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the …

60-223a. Derivative actions. (a) Prerequisites. This section applies when one or more shareholders or members of a corporation or an unincorporated association bring a derivative action to enforce a right that the corporation or association may properly assert but has failed to e…

60-223b. Actions relating to unincorporated associations. This section applies to an action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties. The action may be maintained only if it appears that thos…

60-224. Intervention. (a) Intervention of right. On timely motion, the court must permit anyone to intervene who: (1) Is given an unconditional right to intervene by a statute; or (2) claims an interest relating to the property or transaction that is the subject of the action, an…

60-225. Substitution of parties. (a) Death. (1) Substitution if the claim is not extinguished. If a party dies and the claim is not extinguished, the court must on motion order substitution of the proper party. A motion for substitution may be made by any party or by the decedent…

60-226. Discovery. (a) Discovery methods. Parties may obtain discovery by one or more of the following methods: Depositions on oral examination or written questions; written interrogatories; production of documents or things or permission to enter onto land or other property unde…

60-227. Perpetuation of testimony; petition; order. (a) Before an action is filed. (1) Petition. A person who wants to perpetuate testimony about any matter cognizable in a Kansas state court may file a verified petition in the district court in the county where any expected adve…

60-228. Persons before whom depositions may be taken. (a) Within the United States. (1) Inside this state. Depositions in this state must be taken before: (A) An officer or person authorized to administer oaths by the laws of this state; and (B) a person who is certified as a cer…

60-228a. Uniform interstate depositions and discovery act. (a) Citation of section. This section may be cited as the uniform interstate depositions and discovery act. (b) Definitions. In this section: (1) "Foreign jurisdiction" means a state other than this state or a foreign cou…

60-229. Discovery procedure; stipulations. Unless the court orders otherwise, the parties may stipulate that: (a) A deposition may be taken before any person, at any time or place, on any notice, and in the manner specified, in which event it may be used in the same way as any ot…

60-230. Depositions by oral examination; requirements; examination; copies; attendance. (a) When a deposition may be taken. (1) Without leave. A party may, by oral questions, depose any person including a party, without leave of court except as provided in subsection (a)(2). The …

60-231. Depositions by written questions. (a) When a deposition may be taken. (1) Without leave. A party may, by written questions, depose any person, including a party, without leave of court except as provided in subsection (a)(2). The deponent's attendance may be compelled by …

60-232. Use of depositions in court proceedings. (a) Using depositions. (1) In general. At a hearing or trial all or part of a deposition may be used against a party on these conditions: (A) The party was present or represented at the taking of the deposition or had reasonable no…

60-233. Interrogatories to parties. (a) In general. (1) Availability; timing. A party may serve written interrogatories on the plaintiff after commencement of the action and on any other party with or after service of process on that party. (2) Scope. An interrogatory may relate …

60-234. Production of documents, electronically stored information, tangible things and entry onto land for inspection and other purposes. (a) In general. A party may serve on any other party a request within the scope of K.S.A. 60-226(b), and amendments thereto: (1) To produce a…

60-235. Physical and mental examinations. (a) Order for an examination. (1) In general. The court where the action is pending may order a party whose mental or physical condition, including blood group, is in controversy to submit to a physical or mental examination by a suitably…

60-236. Requests for admission. (a) Availability, scope and procedure. (1) Availability and scope. A party may serve on the plaintiff after commencement of the action and on any other party with or after service of process on that party a written request to admit, for purposes of…

60-237. Compelling discovery; failure to comply; sanctions; failure to preserve electronically stored information. (a) Motion for an order compelling disclosure or discovery. (1) In general. On notice to other parties and all affected persons, a party may move for an order compel…

60-238. Right of trial by jury; demand; waiver. (a) Right preserved. The right of trial by jury as declared by section 5 of the bill of rights in the Kansas constitution, or as provided by a state statute, is preserved to the parties inviolate. (b) Demand. On any issue triable of…

60-239. Trial by jury or by the court. (a) When a demand is made. When a jury trial has been demanded under K.S.A. 60-238, and amendments thereto, the action must be designated on the docket as a jury action. The trial on all issues so demanded must be by jury unless: (1) The par…

60-240. Scheduling cases for trial; continuances. (a) Scheduling cases for trial. Each district court must provide by rule for scheduling trials. The court must give priority to actions entitled to priority by law. (b) Continuances. For good cause, the court may continue an actio…

60-241. Dismissal of actions. (a) Voluntary dismissal. (1) By the plaintiff. (A) Without a court order. Subject to subsection (e) of K.S.A. 60-223, K.S.A. 60-223a and K.S.A. 60-223b, and amendments thereto, and any applicable state statute, the plaintiff may dismiss an action wit…

60-242. Multicounty and multidistrict litigation. (a) Consolidation. If actions involving a common question of law or fact are pending before the court in the same or different counties in the judicial district, the court may: (1) Join for hearing or trial any or all matters at i…

60-243. Testimony of witnesses; evidence. (a) Form and admissibility. At trial, the witness' testimony must be taken in open court, unless otherwise provided by law. For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open…