Chapter 60 — PROCEDURE, CIVIL

60-244. Proof of records. Authentication and admissibility of official records and other documents are governed by article 4 of this chapter. History: L. 1963, ch. 303, 60-244; L. 2010, ch. 135, § 113; July 1. Cross References to Related Sections: Content of official record, exce…

60-245. Subpoenas. (a) In general. (1) Form and contents. (A) Requirements; in general. Every subpoena must: (i) State the court from which it is issued; (ii) state the title of the action, the court in which it is pending and the file number of the action; (iii) command each per…

60-245a. Subpoena of nonparty business records. (a) Definitions. As used in this section: (1) "Business" means any kind of business, profession, occupation, calling or operation of institutions, whether carried on for profit or not. (2) "Business records" means writings or electr…

60-246. Objections to rulings or orders. A formal exception to a ruling or order is unnecessary. When the ruling or order is requested or made a party need only state the action that it wants the court to take or objects to, along with the grounds for the request or objection. Fa…

60-247. Jurors. (a) Number of prospective jurors. The court must call enough prospective jurors so that, after challenges for cause and peremptory challenges allowed by law, there will remain 12, or sufficient jurors to be sworn to try the case. (b) Examining jurors. Prospective …

60-248. Jury trial procedure. (a) Stipulation as to number. The parties may stipulate that the jury consist of any number less than 12 or, subject to the provisions of subsection (g), that a verdict or a finding of a stated majority of the jurors be taken as the verdict or findin…

60-248a. History: L. 1978, ch. 226, § 2; Repealed, L. 2010, ch. 135, § 225; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents…

60-249. Special verdict; general verdict; written questions. (a) Special verdict. (1) In general. The court may require a jury to return only a special verdict in the form of a special written finding on each issue of fact. The court may do so by: (A) Submitting written questions…

60-249a. Itemized verdict, personal injury actions; jury instructions. (a) Itemizing damages awarded. If the trier of fact finds for the plaintiff in an action for damages for personal injury, the trier of fact must itemize the amounts awarded for the following items of damage, s…

60-250. Judgment as a matter of law; motion for new trial. (a) Judgment as a matter of law. (1) In general. If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for…

60-251. Jury instructions; objections; erroneous instructions. (a) Requests. (1) Before or at the close of the evidence. At the close of the evidence or at any earlier reasonable time that the court orders, a party may file and furnish to every other party written requests for th…

60-252. Findings and conclusions by the court; judgment on partial findings. (a) Findings and conclusions. (1) In general. In an action tried on the facts without a jury or with an advisory jury or upon entering summary judgment, the court must find the facts specially and state …

60-252a. Trial by the court; judgment, ruling or decision, time limitation. When a judgment or decision is not entered within 90 days after the trial and final submission of an action tried by the court without a jury or with an advisory jury, or of a motion or objection, the cou…

60-252b. Rules of supreme court. The supreme court is authorized and directed to adopt rules and to require reports from the district courts or district court clerks to ensure compliance with the provisions of K.S.A. 60-252a, and amendments thereto. History: L. 1971, ch. 198, § 2…

60-253. Trial by masters. (a) Reference. (1) With the parties' consent, all or any issues of fact or law or both may be referred to a master. Otherwise, the court may order a reference only if it finds that the ends of justice will be measurably advanced, and, in a case triable t…

60-254. Judgment. (a) Definition. A judgment is the final determination of the parties' rights in an action. (b) Judgment on multiple claims or involving multiple parties. When an action presents more than one claim for relief, whether as a claim, counterclaim, crossclaim or thir…

60-255. Default. (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, the party is in default. On request and a showing that a party is entitled to a default judgment, the court must render judgment against the …

60-256. Summary judgment. (a) By a claiming party. A party claiming relief may move, with or without supporting affidavits or supporting declarations pursuant to K.S.A. 53-601, and amendments thereto, for summary judgment on all or part of the claim. (b) By a defending party. A p…

60-257. Declaratory judgment. This article governs the procedure for obtaining a declaratory judgment under article 17 of this chapter. K.S.A. 60-238 and 60-239, and amendments thereto, govern a demand for a jury trial. The existence of another adequate remedy does not preclude a…

60-258. Entry of judgment. Entry of judgments is subject to subsection (b) of K.S.A. 60-254, and amendments thereto. No judgment is effective unless and until a journal entry or judgment form is signed by the judge and filed with the clerk. When judgment is entered by judgment fo…

60-258a. Comparative negligence. (a) Effect of contributory negligence. The contributory negligence of a party in a civil action does not bar that party or its legal representative from recovering damages for negligence resulting in death, personal injury, property damage or econ…

60-258b. History: L. 1974, ch. 239, § 2; Repealed, L. 2010, ch. 135, § 225; July 1. Law Review and Bar Journal References: "Comparative Negligence—A Look at the New Kansas Statute," James F. Davis, 23 K.L.R. 113, 120 (1974). Survey of tort liability, Patty Griffin and Harold J. P…

60-259. New trial; motion to alter or amend judgment. (a) In general. (1) Grounds for a new trial. The court may, on motion, grant a new trial to all or any of the parties and on all or part of the issues for the following reasons: (A) Abuse of discretion by the court, misconduct…

60-260. Relief from judgment or order. (a) Corrections based on clerical mistakes; oversights and omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order or other part of the record. The court …

60-261. Harmless error. Unless justice requires otherwise, no error in admitting or excluding evidence, or any other error by the court or a party, is ground for granting a new trial, for setting aside a verdict or for vacating, modifying or otherwise disturbing a judgment or ord…

60-262. Stay of proceedings to enforce judgment. (a) Automatic stay; exceptions for injunctions and receiverships. Except as stated in this section, no execution may issue on a judgment, nor may proceedings be taken to enforce it, until 14 days have passed after its entry. Unless…

60-263. Disability of judge. If a judge before whom an action has been tried is unable, because of sickness, death or other disability, to perform the court's duties after a verdict is returned or findings of fact and conclusions of law are filed, any other judge sitting in or as…

60-264. Enforcing orders for and against a nonparty; procedure. When an order grants relief for a nonparty or may be enforced against a nonparty, the procedure for enforcing the order is the same as for a party. History: L. 1963, ch. 303, 60-264; L. 2010, ch. 135, § 138; July 1. …

60-265. Applicability of article. (a) Generally. The provisions of this article apply to civil actions and proceedings in the district courts, other than actions commenced pursuant to the code of civil procedure for limited actions. (b) Additional circumstances when this article …

60-266. Same; jurisdiction and venue. This article does not extend or limit the jurisdiction of the district courts or the venue of actions in those courts. History: L. 1963, ch. 303, 60-266; L. 2010, ch. 135, § 140; July 1. Cross References to Related Sections: Judicial power ve…

60-267. Rules by district courts. (a) Local rules. A district court, acting by a majority of the judges of the district court, may adopt and amend rules governing its practice. A local rule must be consistent with this article. Copies of rules and amendments must, on their adopti…

60-268. History: L. 1963, ch. 303, 60-268; L. 2005, ch. 101, § 9; L. 2010, ch. 135, § 142; Repealed, L. 2017, ch. 75, § 10; July 1. CASE ANNOTATIONS 1. Forms are for illustration purposes; the provisions of the pleading statutes control any decision concerning actual sufficiency …

60-269. History: L. 1963, ch. 303, 60-269; Repealed, L. 2005, ch. 101, § 19; 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. 1949, 60-101. 1. Discussed; allegation that plaintiff prevented f…

60-270. Retaining original records until case closed. (a) Retention of original discovery documents. A party or attorney possessing original deposition transcripts, original responses to interrogatories, original requests for admissions, original requests for production or other …

60-271. Acceptance of filings by electronic means. (a) Generally. (1) To the extent provided by supreme court rule, the clerks of the district and appellate courts must accept documents for filing by electronic means. (2) As used in this section, "document" means a pleading, moti…

60-272. Contact with jurors; discussion of deliberations or verdict following discharge; informing jurors; violations, contempt. (a) On completion of a jury trial in a civil action and before the jury is discharged, the judge shall inform the jurors that they have an absolute rig…

60-301. Summons; issuance. On the filing of a petition, the clerk must promptly issue a summons for service on each defendant in accordance with K.S.A. 60-303, and amendments thereto. On written request the clerk must promptly issue a separate or additional summons. A summons mus…

60-302. Summons; form. The summons must be signed by the clerk, dated the day it is issued and bear the court's seal. The summons is sufficient if in substantial compliance with the form set forth by the judicial council. History: L. 1963, ch. 303, 60-302; L. 1986, ch. 215, § 13;…

60-303. Methods of service of process. (a) In general. Methods of service of process within this state, except service by publication as provided in K.S.A. 60-307, and amendments thereto, are described in this section. Methods of out-of-state service of process are described in K…

60-304. Service of process, on whom made. As used in this section, "serving" means making service by any of the methods described in K.S.A. 60-303, and amendments thereto, unless a specific method of making service is prescribed in this section. Except for service by publication …

60-304a. History: L. 1963, ch. 303, 60-304; L. 1965, ch. 354, § 5; L. 1970, ch. 235, § 1; L. 1973, ch. 234, § 1; L. 1976, ch. 251, § 15; L. 1981, ch. 232, § 2; L. 1982, ch. 363, § 9; L. 1983, ch. 88, § 74; L. 1986, ch. 215, § 15; L. 1990, ch. 202, § 5; L. 1994, ch. 273, § 1; L. 2…

60-305. Process agents for public utilities. Every individual, partnership, association or corporation engaged in the business of transmission of communications, or the distribution of electricity, gas, water or petroleum products, which is subject to regulation by the state corp…

60-305a. Process agents for motor common carriers. Every individual, partnership, association or corporation engaged in the business of transportation as a common carrier, which is subject to regulation by the state corporation commission, and doing business in this state, must a…

60-306. Process service agent. (a) Generally. An individual, partnership, association or corporation may appoint a resident of this state as service agent and consent that process may be served on the service agent as the agent of the individual, partnership, association or corpo…

60-307. Service by publication. (a) When permissible. Service may be made by publication in any of the following cases: (1) In an action to obtain a divorce, maintenance or an annulment of a marriage if the defendant resides outside this state or if the party with due diligence i…

60-308. Service outside state. (a) Proof and effect. (1) Service of process may be made on any party outside this state. If on a party domiciled in this state or on a party that has submitted to the jurisdiction of the courts of this state, such service provides personal jurisdic…

60-309. Relief from default judgment entered on service by publication. (a) Procedure. A party against which a judgment has been entered on service by publication in a newspaper, may, at any time within two years after its entry, move for relief from the judgment and to be allowe…

60-310. Lack of service on all defendants; procedure. (a) Generally. In an action against two or more defendants, when one or more, but not all have been served, the plaintiff may proceed as follows: (1) If the action is against defendants jointly indebted on a contract, the plai…

60-311. Where process may be served. All process issued in this state may be served anywhere in this state and, when authorized by law, may be served outside this state. History: L. 1963, ch. 303, 60-311; L. 1990, ch. 202, § 10; L. 2010, ch. 135, § 156; July 1. CASE ANNOTATIONS 1…

60-312. Proof of service. Proof of service must be filed with the court and made as follows: (a) Personal and residence service. (1) Every officer to whom summons or other process is delivered for service must make a statement subject to penalty of perjury as provided in K.S.A. 2…