reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-241 Dismissal of actions.

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 without a court order by filing:
(i) A notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or
(ii) a stipulation of dismissal signed by all parties who have appeared. When the dismissal is by stipulation, the clerk of the court must enter an order of dismissal as a matter of course.
(B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.
(2) By court order; effect. Except as provided in paragraph (1), an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper. If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication. Unless the order states otherwise, a dismissal under this paragraph is without prejudice.
(b) Involuntary dismissal; effect; notice. (1) If the plaintiff fails to prosecute or to comply with this chapter or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this paragraph and any dismissal not under this section, except one for lack of jurisdiction, improper venue or failure to join a party under K.S.A. 60-219, and amendments thereto, operates as an adjudication on the merits.
(2) On its own, the court may dismiss a case without prejudice for lack of prosecution, but only after notice to counsel of record, not less than 14 days prior to the intended dismissal, that an order of dismissal will be entered unless cause is shown for not doing so.
(c) Dismissing a counterclaim, crossclaim or third-party claim. This section applies to a dismissal of any counterclaim, crossclaim or third-party claim. A claimant's voluntary dismissal under subsection (a)(1)(A)(i) must be made:
(1) Before a responsive pleading is served; or
(2) if there is no responsive pleading, before evidence is introduced at a hearing or trial.
(d) Costs of a previously dismissed action. If a plaintiff who previously dismissed an action in any court files an action based on or including the same claim against the same defendant, the court:
(1) May order the plaintiff to pay all or part of the costs of that previous action; and
(2) may stay proceedings until the plaintiff has complied.
History:
L. 1963, ch. 303, 60-241; amended by Supreme Court order dated July 17, 1969; L. 1980, ch. 171, § 2; L. 1997, ch. 173, § 22; L. 2010, ch. 135, § 110; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-242 Multicounty and multidistrict litigation.

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 issue in the actions;
(2) consolidate the actions; or
(3) issue any other orders to avoid unnecessary cost or delay.
(b) Separate trials. For convenience, to avoid prejudice or to expedite and economize, the court may order a separate trial in the county where the action is pending, or a different county in the judicial district, of one or more separate issues, claims, counterclaims, crossclaims or third-party claims. When ordering a separate trial, the court must preserve any right to a jury trial.
(c) Multidistrict litigation. (1) When civil actions arising out of the same transaction or occurrence or series of transactions or occurrences are pending in different judicial districts, the supreme court, on request of a party or of any court in which one of the actions is pending and upon finding that a transfer and consolidation will promote the just and efficient conduct of the actions, may order transfer of the pending actions to one of the counties in which an action is pending. The actions may be consolidated for discovery, pretrial proceedings and possible trial. The supreme court must designate a judge to hear the consolidated actions. Actions filed subsequent to the order may be consolidated as provided in this section.
(2) The assigned judge may conduct all pretrial and discovery proceedings, issue pretrial and discovery orders, decide questions of law, including motions for summary judgment and, when the assigned judge conducts a trial, allocate expenses of the trial among counties.
(3) The assigned judge may conduct a joint trial of any or all of the consolidated actions, but all parties to the actions jointly tried must consent to joint trial. Jury trials may be conducted in any county that would have had venue of any of the consolidated actions, subject to a change of venue under K.S.A. 60-609, and amendments thereto. If the assigned judge decides not to conduct the trial of any of the consolidated actions or if a party to any of the consolidated actions does not consent to joint trial, the assigned judge must return that action, and the record in that action, to the district court from which it originated. The assigned judge must notify the supreme court that the action has been returned.
History:
L. 1963, ch. 303, 60-242; amended by Supreme Court order dated July 17, 1969; L. 1983, ch. 195, § 1; L. 2010, ch. 135, § 111; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-243 Testimony of witnesses; evidence.

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 court by contemporaneous transmission from a different location.
(b) Scope of examination and cross-examination. A party may examine any unwilling or hostile witness by leading questions. A party may call an adverse party or an officer, director or managing agent of a public or private corporation, a partnership or an association that is an adverse party, may examine the witness by leading questions and may contradict and impeach the witness as if the witness had been called by the adverse party. The witness may be contradicted and impeached by the adverse party, but may be cross-examined only on the subject matter of the witness' direct examination.
(c) Record of excluded evidence. In a jury trial, if an objection to a question to a witness is sustained, the examining attorney may make a specific offer of what the examining attorney expects to prove by the witness' answer. The offer must be made out of the jury's hearing. The court may add any further statement that clearly shows the character of the evidence, the form in which it was offered, the objection made and the ruling on the objection. In nonjury trials the same procedure may be followed, except that the court on request must take and report the evidence in full unless it clearly appears that the evidence is not admissible or is privileged.
(d) Evidence on a motion. When a motion relies on facts outside the record, the court may hear the matter on affidavits or on declarations pursuant to K.S.A. 53-601, and amendments thereto, or may hear it wholly or partly on oral testimony or on depositions.
(e) Interpreter. In accordance with K.S.A. 75-4351 through 75-4355d, and amendments thereto, the court may appoint an interpreter of its choosing; fix reasonable compensation to be paid from funds provided by law or, subject to the limitations in K.S.A. 75-4352 and 75-4355b, and amendments thereto, by one or more parties and tax the compensation as costs.
History:
L. 1963, ch. 303, 60-243; amended by Supreme Court order dated July 17, 1969; L. 1997, ch. 173, § 23; L. 2010, ch. 135, § 112; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-244 Proof of records.

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.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-246 Objections to rulings or orders.

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. Failing to object does not prejudice a party who had no opportunity to do so when the ruling or order was made.
History:
L. 1963, ch. 303, 60-246; L. 2010, ch. 135, § 116; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-247 Jurors.

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 jurors must be examined under oath or affirmation regarding their qualifications to sit as jurors. The court must permit the parties or their attorneys to conduct an examination of prospective jurors.
(c) Challenges. (1) Challenges for cause. All challenges for cause, whether to the array or panel or to individual prospective jurors, must be decided by the court.
(2) Peremptory challenges. After the panel has been passed for cause, each party is entitled to three peremptory challenges, except as provided in subsection (h) of K.S.A. 60-248, and amendments thereto, when there are alternate jurors. Multiple plaintiffs or multiple defendants are considered a single party for the purpose of making challenges. However, if the court finds a good faith controversy exists between multiple plaintiffs or multiple defendants, the court may allow any of the parties, single or multiple, additional peremptory challenges and permit them to be exercised separately or jointly. Peremptory challenges must be exercised in a manner that will not communicate to the challenged prospective juror the identity of the challenging party or attorney.
(d) Oath of jurors. The jurors must swear or affirm to try the case conscientiously and return a verdict according to the law and the evidence.
History:
L. 1963, ch. 303, 60-247; L. 1970, ch. 233, § 1; L. 1971, ch. 176, § 15; amended by Supreme Court order dated July 28, 1976; L. 2010, ch. 135, § 117; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-249 Special verdict; general verdict; written questions.

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 susceptible of a categorical or other brief answer;
(B) submitting written forms of the special findings that might properly be made under the pleadings and evidence; or
(C) using any other method that the court considers appropriate.
(2) Instructions. The court must give the instructions and explanations necessary to enable the jury to make its findings on each submitted issue.
(3) Issues not submitted. A party waives the right to a jury trial on any issue of fact raised by the pleadings or evidence but not submitted to the jury unless, before the jury retires, the party demands its submission to the jury. If the party does not demand submission, the court may make a finding on the issue. If the court makes no finding, it is considered to have made a finding consistent with its judgment on the special verdict.
(b) General verdict with answers to written questions. (1) In general. The court may on written request, submit to the jury forms for a general verdict, together with written questions on one or more issues of fact that the jury must decide. The court must give the instructions and explanations necessary to enable the jury to render a general verdict and answer the questions in writing, and must direct the jury to do both.
(2) Verdict and answers consistent. When the general verdict and the answers are consistent, the court must approve an appropriate judgment on the verdict and answers.
(3) Answers inconsistent with the verdict. When the answers are consistent with each other, but one or more is inconsistent with the general verdict, the court may:
(A) Approve an appropriate judgment according to the answers, notwithstanding the general verdict;
(B) direct the jury to further consider its answers and verdict; or
(C) order a new trial.
(4) Answers inconsistent with each other and the verdict. When the answers are inconsistent with each other and one or more is also inconsistent with the general verdict, judgment must not be entered; instead, the court must direct the jury to further consider its answers and verdict, or must order a new trial.
History:
L. 1963, ch. 303, 60-249; L. 2010, ch. 135, § 119; L. 2011, ch. 48, § 11; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-249a Itemized verdict, personal injury actions; jury instructions.

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, subject to the provisions of subsection (c):
(1) Noneconomic injuries and losses, as follows:
(A) Pain and suffering,
(B) disability,
(C) disfigurement, and any accompanying mental anguish;
(2) reasonable expenses of necessary medical care, hospitalization and treatment received; and
(3) economic injuries and losses other than those itemized under subsection (b)(2)*.
(b) Future damages. When applicable, the trier of fact must further itemize the amounts required to be itemized under subsection (a) to reflect those amounts awarded for damages sustained to date and those awarded for damages reasonably expected to be sustained in the future.
(c) Damages considered by jury. In an action for damages for personal injury, the instructions to the jury and the itemized verdict form must refer only to those items of damage on which evidence has been introduced at trial.
History:
L. 1987, ch. 224, § 1; L. 1993, ch. 109, § 1; L. 2010, ch. 135, § 120; July 1.
* The reference to subsection (b)(2) should be to subsection (a)(2) instead.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-251 Jury instructions; objections; erroneous instructions.

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 the jury instructions it wants the court to give.
(2) After the close of the evidence. After the close of the evidence, a party may:
(A) File requests for instructions on issues that could not reasonably have been anticipated by an earlier time that the court set for requests; and
(B) with the court's permission, file untimely requests for instructions on any issue.
(b) Instructions. The court:
(1) Must inform the parties of its proposed instructions and proposed action on the requests before instructing the jury and before final jury arguments;
(2) must give the parties an opportunity to object on the record and out of the jury's hearing before the instructions and arguments are delivered;
(3) must instruct the jury at the close of evidence, before argument; and
(4) may instruct the jury at any time before the jury is discharged.
(c) Objections. (1) How to make. A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds for the objection.
(2) When to make. An objection is timely if:
(A) A party objects at the opportunity provided under subsection (b)(2); or
(B) a party was not informed of an instruction or action on a request before that opportunity to object, and the party objects promptly after learning that the instruction or request will be, or has been, given or refused.
(d) Assigning error; clearly erroneous. (1) Assigning error. A party may assign as error:
(A) An error in an instruction actually given, if that party properly objected; or
(B) a failure to give an instruction, if that party properly requested it and, unless the court rejected the request in a definitive ruling on the record, also properly objected.
(2) Clearly erroneous instruction. A court may consider an error in the instructions that has not been preserved as required by subsection (d)(1) if the giving or failure to give an instruction is clearly erroneous and the error affects substantial rights.
History:
L. 1963, ch. 303, 60-251; L. 2010, ch. 135, § 122; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-252 Findings and conclusions by the court; judgment on partial findings.

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 its conclusions of law separately. The findings and conclusions may be stated on the record after the close of evidence, or may appear in an opinion or a memorandum of decision filed by the court. Judgment must be entered under K.S.A. 60-258, and amendments thereto.
(2) For an interlocutory injunction. In granting or refusing an interlocutory injunction, except in divorce cases, the court must similarly state the findings and conclusions that support its action.
(3) Effect of a master's findings. A master's findings, to the extent adopted by the court, must be considered the court's findings.
(4) Questioning the evidentiary support. A party may later question the sufficiency of the evidence supporting the findings, whether or not the party requested findings, objected to them, moved to amend them or moved for judgment on partial findings.
(5) Setting aside the findings. Findings of fact must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witness' credibility.
(b) Amended or additional findings. On a party's motion filed no later than 28 days after the entry of judgment, the court may amend its findings, or make additional findings, and may amend the judgment accordingly. The motion may accompany a motion for a new trial under K.S.A. 60-259, and amendments thereto.
(c) Judgment on partial findings. If a party has been fully heard on an issue during a nonjury trial and the court finds against the party on that issue, the court may enter judgment against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue. The court may, however, decline to render any judgment until the close of the evidence. A judgment on partial findings must be supported by findings of fact and conclusions of law as required by subsection (a).
History: L. 1963, ch. 303, 60-252; amended by Supreme Court order dated July 28, 1976; L. 1997, ch. 173, § 27; L. 2010, ch. 135, § 123; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-252a Trial by the court; judgment, ruling or decision, time limitation.

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 court must file a written report with the supreme court stating the reasons why a judgment, ruling or decision has not been entered.
History:
L. 1971, ch. 198, § 1; L. 2010, ch. 135, § 124; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-252b Rules of supreme court.

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; L. 2010, ch. 135, § 125; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-254 Judgment.

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 third-party claim, or when multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties' rights and liabilities.
(c) Demand for judgment; relief to be granted. A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings. Before a default judgment is taken in an action in which the pleading of the party seeking relief states only that the amount sought as damages is in excess of $75,000, without demanding a specific amount of money, as provided in subsection (a) of K.S.A. 60-208, and amendments thereto, the party seeking relief must notify the party against whom relief is sought of the amount of money for which judgment will be taken. Notice must be given by return receipt delivery, or as the court orders, at least 14 days before the date judgment is sought. Every other final judgment should grant relief to which each party is entitled, even if the party has not demanded that relief in its pleadings.
History:
L. 1963, ch. 303, 60-254; L. 1973, ch. 233, § 1; L. 1986, ch. 215, § 10; L. 1990, ch. 203, § 2; L. 1997, ch. 173, § 28; L. 2010, ch. 135, § 127; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-255 Default.

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 party in default for the remedy to which the requesting party is entitled. But a default judgment may be entered against a minor or incapacitated person only if represented by a guardian, conservator or other legally authorized representative who has appeared in the action, or by a guardian ad litem appointed by the court. If the party against whom a default judgment is sought has appeared personally, or by a representative, that party or its representative must be served with written notice of the request for judgment at least seven days before the hearing. The court may conduct hearings or make referrals, preserving any statutory right to a jury trial, when to enter or effectuate judgment it needs to:
(1) Conduct an accounting;
(2) determine the amount of damages;
(3) establish the truth of any allegation by evidence; or
(4) investigate any other matter.
(b) Setting aside a default judgment. The court may set aside a final default judgment under K.S.A. 60-260(b) and 60-309, and amendments thereto.
(c) Judgment against the state. A default judgment may be entered against the state, its officers or its agencies only if the claimant establishes a claim or right to relief by evidence that satisfies the court.
History:
L. 1963, ch. 303, 60-255; L. 1965, ch. 354, § 4; L. 2010, ch. 135, § 128; L. 2017, ch. 75, § 9; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-257 Declaratory judgment.

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 declaratory judgment that is otherwise appropriate. The court may order a speedy hearing of a declaratory-judgment action.
History:
L. 1963, ch. 303, 60-257; L. 2010, ch. 135, § 130; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-258 Entry of judgment.

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 form, the clerk must serve a copy of the judgment form on all attorneys of record within three days, excluding Saturdays, Sundays and legal holidays. Service may be made as authorized by K.S.A. 60-205, and amendments thereto. Failure of service of a copy of the judgment form does not affect the judgment's validity.
History: L. 1963, ch. 303, 60-258; amended by Supreme Court order dated July 28, 1976; L. 2005, ch. 101, § 8; L. 2010, ch. 135, § 131; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-258a Comparative negligence.

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 economic loss, if that party's negligence was less than the causal negligence of the party or parties against whom a claim is made, but the award of damages to that party must be reduced in proportion to the amount of negligence attributed to that party. If a party claims damages for a decedent's wrongful death, the negligence of the decedent, if any, must be imputed to that party.
(b) Special verdicts or findings required. When the comparative negligence of the parties is an issue, the jury must return special verdicts, or in the absence of a jury, the court must make special findings, determining the percentage of negligence attributable to each party and the total amount of damages sustained by each claimant. The court must determine the appropriate judgment.
(c) Joining additional parties. On motion of any party against whom a claim is asserted for negligence resulting in death, personal injury, property damage or economic loss, any other person whose causal negligence is claimed to have contributed to the death, personal injury, property damage or economic loss, must be joined as an additional party.
(d) Apportioning liability. When the comparative negligence of the parties is an issue and recovery is permitted against more than one party, each party is liable for that portion of the total dollar amount awarded as damages to a claimant in the proportion that the amount of that party's causal negligence bears to the amount of the causal negligence attributed to all parties against whom recovery is permitted.
(e) Applicability. This section is applicable to actions under this chapter and to actions commenced under the code of civil procedure for limited actions.
History:
L. 1974, ch. 239, § 1; L. 1976, ch. 251, § 4; L. 1987, ch. 221, § 1; L. 2010, ch. 135, § 132; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-260 Relief from judgment or order.

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 may do so on motion, or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court's leave.
(b) Grounds for relief from a final judgment, order or proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order or proceeding for the following reasons:
(1) Mistake, inadvertence, surprise or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under subsection (b) of K.S.A. 60-259, and amendments thereto;
(3) fraud, whether previously called intrinsic or extrinsic, misrepresentation or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or
(6) any other reason that justifies relief.
(c) Timing and effect of the motion. (1) Timing. A motion under subsection (b) must be made within a reasonable time, and for reasons under paragraphs (b)(1), (2) and (3) no more than one year after the entry of the judgment or order, or the date of the proceeding.
(2) Effect on finality. The motion does not affect the judgment's finality or suspend its operation.
(d) Other powers to grant relief. This section does not limit a court's power to:
(1) Entertain an independent action to relieve a party from a judgment, order or proceeding;
(2) grant relief under K.S.A. 60-309, and amendments thereto, to a defendant who was not personally notified of the action; or
(3) set aside a judgment for fraud on the court.
(e) Bills and writs abolished. The following bills are abolished: Bills of review; bills in the nature of bills of review; and writs of coram nobis, coram vobis and audita querela.
History:
L. 1963, ch. 303, 60-260; L. 1976, ch. 251, § 5; L. 2010, ch. 135, § 134; L. 2011, ch. 48, § 12; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-261 Harmless error.

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 order. At every stage of the proceeding, the court must disregard all errors and defects that do not affect any party's substantial rights.
History:
L. 1963, ch. 303, 60-261; L. 2010, ch. 135, § 135; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-262 Stay of proceedings to enforce judgment.

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 the court orders otherwise, an interlocutory or final judgment in the following actions are not stayed after being entered, even if an appeal is taken:
(1) For an injunction; or
(2) for a receivership.
(b) Stay pending the disposition of a motion. On appropriate terms for the opposing party's security, the court may stay the execution of a judgment, or any proceedings to enforce it, pending disposition of any of the following motions:
(1) Under K.S.A. 60-250, and amendments thereto, for judgment as a matter of law;
(2) under subsection (b) of K.S.A. 60-252, and amendments thereto, to amend the findings or for additional findings;
(3) under K.S.A. 60-259, and amendments thereto, for a new trial or to alter or amend a judgment; or
(4) under K.S.A. 60-260, and amendments thereto, for relief from a judgment or order.
(c) Injunction pending appeal. While an appeal is pending from an interlocutory order or final judgment that grants, dissolves or denies an injunction, the court may suspend, modify, restore or grant an injunction on terms for bond or other terms that secure the opposing party's rights.
(d) Stay with bond on appeal. If an appeal is taken, the appellant may obtain a stay by supersedeas bond except in an action described in subsection (a)(1) or (a)(2). The bond may be given upon or after filing the notice of appeal. The stay takes effect when the court approves the bond.
(e) Stay without bond on an appeal by the state, its officers or its agencies. The court must not require a bond, obligation or other security from the appellant when granting a stay on an appeal by the state, its officers or its agencies or on an appeal directed by a department of the state.
(f) Appellate court's power not limited. This section does not limit the power of the appellate court or one of its judges or justices:
(1) To stay proceedings, or to suspend, modify, restore or grant an injunction, while an appeal is pending; or
(2) to issue an order to preserve the status quo or the effectiveness of the judgment to be entered.
(g) Stay with multiple claims or parties. A court may stay the enforcement of a final judgment entered under subsection (b) of K.S.A. 60-254, and amendments thereto, until it enters a later judgment or judgments, and may prescribe terms necessary to secure the benefit of the stayed judgment for the party in whose favor it was entered.
History:
L. 1963, ch. 303, 60-262; L. 1976, ch. 251, § 6; L. 1997, ch. 173, § 30; L. 2010, ch. 135, § 136; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-263 Disability of judge.

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 assigned to the court in which the action was tried may perform those duties. However, the successor judge may grant a new trial if the judge finds for any reason that the judge cannot perform those duties.
History:
L. 1963, ch. 303, 60-263; L. 2010, ch. 135, § 137; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-264 Enforcing orders for and against a nonparty; procedure.

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.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-265 Applicability of article.

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 may be applicable. In actions and proceedings in the district courts, other than civil actions, the codes of procedure adopted for those proceedings must govern. When the codes of procedure adopted for proceedings in the district court other than civil actions, or the codes of procedure for any other court, commission or other judicial or quasi-judicial body, fail to contain a specific provision on a particular procedure, then the provisions of this article may be adopted.
(c) Matters not specifically included in this article. When no provision in this article refers specifically to a matter over which the court has jurisdiction, the court must proceed in a just and equitable manner that protects the rights and interests of all affected parties.
History:
L. 1963, ch. 303, 60-265; L. 1976, ch. 251, § 7; L. 2000, ch. 161, § 111; L. 2010, ch. 135, § 139; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-266 Same; jurisdiction and venue.

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.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-267 Rules by district courts.

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 adoption, be furnished to the supreme court.
(b) Procedure when there is no controlling law. In all cases not provided for by this article, the district courts may regulate practice in any manner consistent with this article and rules prescribed by the supreme court.
History:
L. 1963, ch. 303, 60-267; L. 1976, ch. 251, § 8; L. 2010, ch. 135, § 141; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-270 Retaining original records until case closed.

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 original matters produced during discovery must retain those documents until the case is closed.
(b) Destruction or disposition of original discovery documents. Except as provided in subsection (c), when the case has been closed the party or attorney possessing the original documents specified in subsection (a) may destroy or dispose of them.
(c) Original discovery documents subject to order, rule, statute or agreement. Original discovery documents subject to or covered by a protective order, court rule, statute or written agreement of the parties must be retained, returned, destroyed or disposed of in accordance with the terms of the order, rule, statute or agreement.
(d) Definition of "closed." As used in this section, "closed" means when an order terminating the action or proceeding has been filed and all appeals have been terminated, the time for appeal has expired or when the judgment is either satisfied or barred under K.S.A. 60-2403, and amendments thereto.
History:
L. 1992, ch. 190, § 1; L. 2010, ch. 135, § 143; L. 2011, ch. 48, § 13; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-271 Acceptance of filings by electronic means.

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, motion, exhibit, declaration, affidavit, memorandum, paper, order, notice and any other filing by or to the court.
(b) Signatures and verifications. A document may be signed or verified by electronic means that are consistent with supreme court rules. The signature or verification by electronic means satisfies the requirement for signing or verifying a document in K.S.A. 60-211, and amendments thereto, and in any other section of this code.
History:
L. 1992, ch. 128, § 1; L. 2010, ch. 135, § 144; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-272 Contact with jurors; discussion of deliberations or verdict following discharge; informing jurors; violations, contempt.

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 right to discuss or not to discuss the deliberations or verdict with anyone except as provided in subsections (f) and (g). The judge shall also inform the jurors of the provisions set forth in subsections (b), (c), (d) and (e).
(b) Immediately following the discharge of the jury in a civil action, the defendant, or the defendant's attorney or representative, or the plaintiff, or the plaintiff's attorney or representative, may discuss the jury deliberations or verdict with a member of the jury only if the juror consents to the discussion.
(c) If a discussion of the jury deliberations or verdict with a member of the jury occurs at any time other than immediately following the discharge of the jury, prior to discussing the jury deliberations or verdict with a member of a jury, the defendant, or the defendant's attorney or representative, or the plaintiff, or the plaintiff's attorney or representative, shall inform the juror of the identity of the case, the party in the case that the person represents, the subject of the interview, the absolute right of the juror to discuss or not discuss the deliberations or verdict in the case with the person and the juror's right to review and have a copy of any declaration filed with the court.
(d) Any unreasonable contact with a juror by the defendant, or the defendant's attorney or representative, or by the plaintiff, or the plaintiff's attorney or representative, without the juror's consent shall be immediately reported to the trial court.
(e) Any violation of this section shall be considered a violation of a lawful court order and may be punished as contempt of court.
(f) Nothing in this section shall prohibit a law enforcement officer from discussing the deliberations or verdict with a member of the jury for the purpose of investigating an allegation of criminal conduct.
(g) Nothing in this section shall prohibit the court or a judge from discussing the deliberations or verdict with a member of the jury for any lawful purpose.
(h) This section shall be part of and supplemental to the code of civil procedure.
History:
L. 2018, ch. 108, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 3 - Process › 60-301 Summons; issuance.

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 must be served with a copy of the petition.
History:
L. 1963, ch. 303, 60-301; L. 1986, ch. 215, § 12; L. 1990, ch. 202, § 3; L. 2010, ch. 135, § 145; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 3 - Process › 60-302 Summons; form.

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; L. 2005, ch. 101, § 10; L. 2010, ch. 135, § 146; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 3 - Process › 60-305 Process agents for public utilities.

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 corporation commission, and doing business in this state, must appoint, in accordance with K.S.A. 60-306, and amendments thereto, a resident of this state on whom process may be served. The individual, partnership, association or corporation may revoke the appointment by appointing any other qualified person in accordance with K.S.A. 60-306, and amendments thereto. A second or subsequent appointment must also state the name of the person who is being replaced by the appointment.
An individual, partnership, association or corporation that fails to appoint a person to receive process, as required by this section, may be served under the other provisions of this article 3.
History: L. 1963, ch. 303, 60-305; L. 1973, ch. 134, § 49; L. 1982, ch. 245, § 1; L. 1990, ch. 202, § 6; L. 1992, ch. 67, § 1; L. 2010, ch. 135, § 149; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 3 - Process › 60-305a Process agents for motor common carriers.

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 appoint a person residing in this state on whom process may be served. The individual, partnership, association or corporation must file a certificate of the appointment in the office of the state corporation commission or as required by 49 U.S.C. § 11506. Service of process on the appointed person has the same effect as service on the president or other chief officer of the individual, partnership, association or corporation. The individual, partnership, association or corporation may revoke the appointment by appointing any other qualified person and filing a certificate of the appointment. A second or subsequent appointment and certificate of appointment must also state the name of the person who is being replaced by the appointment. An individual, partnership, association or corporation that fails to appoint a person to receive process, as required by this section, may be served under the other provisions of this article.
History:
L. 1982, ch. 245, § 2; L. 1990, ch. 202, § 7; L. 1993, ch. 263, § 2; L. 2003, ch. 124, § 7; L. 2010, ch. 135, § 150; July 1.