Printable Format60-207. 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 one, a reply to an answer.
(b) Motions and other papers. (1) In general. A request for a court order must be made by motion. The motion must:
(A) Be in writing, unless made during a hearing or trial;
(B) state with particularity the grounds for seeking the order; and
(C) state the relief sought.
(2) Form. The sections of this article governing captions, signing and other matters of form in pleadings apply to motions and other papers.
(c) Designation of petition. A petition must designate immediately below the names of the parties in the caption that the petition is filed pursuant to chapter 60 of the Kansas Statutes Annotated. The designation is sufficient if labeled "Petition Pursuant to K.S.A. Chapter 60" immediately below the caption.
(d) Lost pleadings. If an original pleading is lost, destroyed, or withheld by any person, the court may allow a copy of the pleading to be substituted.
History: L. 1963, ch. 303, 60-207; L. 1976, ch. 251, § 2; L. 2010, ch. 135, § 74; July 1.
Source or prior law:
(a). G.S. 1868, ch. 80, § 86; L. 1870, ch. 87, § 3; L. 1909, ch. 182, § 91; R.S. 1923, 60-703.
(b). G.S. 1868, ch. 80, § 532; L. 1909, ch. 182, § 556; R.S. 1923, 60-720.
(c). G.S. 1868, ch. 80, §§ 89–93, 102–104; L. 1909, ch. 182, §§ 93–96, 104–106; L. 1911, ch. 230, § 1; L. 1915, ch. 265, § 1; R.S. 1923, 60-705 through 60-709, 60-717 through 60-719.
(d). G.S. 1868, ch. 80, § 132; L. 1909, ch. 182, § 133; R.S. 1923, 60-752.
Cross References to Related Sections:
Amended and supplemental pleadings, see 60-215.
Counterclaims and cross-claims, see 60-213.
Defense and objections, see 60-212.
Form of pleadings, see 60-210.
General rules of pleadings, see 60-208.
Signing of pleadings, see 60-211.
Pleading special matters, see 60-209.
Motion for summary judgment, see 60-256.
Third-party practice, see 60-214.
Pleadings allowed under code of civil procedure for limited actions, see 61-2903.
Law Review and Bar Journal References:
Provisions explained prior to legislative enactment, George Templar, 31 J.B.A.K. 166, 167 (1962).
Subsection (a); consumer protection in Tenth Judicial District, William P. Coates, Jr., 44 J.B.A.K. 67, 105 (1975).
"Practicing Law in a Unified Kansas Court System," Linda Diane Henry Elrod, 16 W.L.J. 260, 262, 263 (1977).
"Survey of Kansas Law: Civil Procedure," Jerry G. Elliott, 27 K.L.R. 185, 195 (1979).
"Contested Estate Matters After Court Unification," Calvin J. Karlin, 48 J.B.A.K. 97, 101 (1979).
"A practitioner's guide to summary judgment Part 1," Robert W. Parnacott, 67 J.K.B.A. No. 10, 36 (1998).
"An ounce of Prevention...," Robert W. Parnacott, 68 J.K.B.A. No. 10, 36 (1999).
"Motions in Limine: Where Evidence Stands on the Threshold," Derek S. Casey, J.K.T.L.A. Vol. 29, No. 4, 4 (2006).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-703, 60-705 through 60-709, 60-717 through 60-720, 60-752 and the 1961 Supp. thereto.
1. Mentioned; request for bill of particulars in divorce action an appearance within meaning of K.S.A. 60-255. Sharp v. Sharp, 196 Kan. 38, 40, 409 P.2d 1019.
2. A reply to an answer is not one of the pleadings allowed hereunder, except when so ordered by the court. Tabor v. Lederer, 205 Kan. 746, 748, 472 P.2d 209.
3. An answer does not require a reply unless the answer sets up a counterclaim. Miracle v. Miracle, 208 Kan. 168, 178, 490 P.2d 638.
4. Oral application for ex parte permission of court to file amended petition was not jurisdictional defect. Mansfield Painting and Decorating, Inc. v. Budlaw Services, Inc., 3 Kan. App. 2d 77, 78, 589 P.2d 643.
5. Motion in limine discussed in detail; guidelines for use spelled out. State v. Quick, 226 Kan. 308, 310, 597 P.2d 1108.
6. K.S.A. 60-211 which refers to pleadings is made applicable to all "motions and other papers" by subsection (b). State v. Phelps, 226 Kan. 371, 378, 598 P.2d 180.
7. Trial court erred in granting motion for judgment on pleadings; abuse of discretion in not allowing answer to be filed. Simmon v. Bond, 6 Kan. App. 2d 766, 769, 634 P.2d 1148 (1981).
8. Severance of parental rights invalid for lack of adequate notice and because relief granted by default was not requested in pleadings. Sweetser v. Sweetser, 7 Kan. App. 2d 463, 465, 643 P.2d 1150 (1982).
9. Pleadings allowed in limited actions set forth in K.S.A. 61-1706 and incorporates pleadings herein; other procedures compared. Patterson v. Brouhard, 246 Kan. 700, 703, 792 P.2d 983 (1990).
10. Where suit filed against individual, plaintiff not obligated to respond to defendant's assertion of corporate entity. Hill & Company, Inc. v. O'Malley, 15 Kan. App. 2d 709, 713, 817 P.2d 660 (1991).
11. Noted where reasonable time within which relief may be requested by defendant in military service from voidable default judgment examined. In re Marriage of Thompson, 17 Kan. App. 2d 47, 54, 832 P.2d 349 (1992).
12. Whether a party responding to an amended pleading may include new defenses unrelated to specific amendment being responded to examined. King v. Pimentel, 20 Kan. App. 2d 579, 585, 890 P.2d 1217 (1995).
13. Amendment to petition allowed to correct typographical error to reflect case is limited action. Hole-in-One, Inc., v. Kansas Industrial Land Corp., 22 Kan. App. 2d 197, 199, 913 P.2d 1225 (1996).
14. Relation back provision contained in K.S.A. 60-203 (a) applies to an amended petition. Bird v. Kansas Dept. of Transportation, 23 Kan. App. 2d 164, 167, 928 P.2d 915 (1996).
15. Timely motion under K.S.A. 60-259(f) must be served and filed within ten days after entry of judgment. Board of Sedgwick County Comm'rs v. City of Park City, 41 Kan. App. 2d 646, 204 P.3d 648 (2009).