reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-202 One form of action.

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.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-203 Commencement of action.

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 showing of good cause by the plaintiff; or (2) service of process or first publication, if service of process or first publication is not made within the time specified by paragraph (1).
(b) Curing invalid service. If service of process or first publication purports to have been made but is later adjudicated to have been invalid due to an irregularity in form or procedure or a defect in making service, the action is considered to have been commenced at the applicable time under subsection (a) if valid service is obtained or first publication is made within 90 days after that adjudication, except that the court may extend that time an additional 30 days upon a showing of good cause by the plaintiff.
(c) Entry of appearance. The filing of an entry of appearance has the same effect as service. Written contact with the court by a defendant, or an attorney for the defendant invoking protection for the defendant under the servicemembers civil relief act (50 U.S.C. § 501 et seq.), and amendments thereto, is not an entry of appearance.
(d) Electronic filing. As used in this section, filing a petition with the court includes receipt by the court of a petition by electronic means complying with supreme court rules.
History:
L. 1963, ch. 303, § 60-203; L. 1983, ch. 193, § 1; L. 1990, ch. 202, § 1; L. 1991, ch. 169, § 1; L. 1992, ch. 128, § 12; L. 2005, ch. 45, § 4; L. 2010, ch. 135, § 70; L. 2011, ch. 48, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-204 Process, generally.

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 of process if the court finds that, notwithstanding some irregularity or omission, the party served was made aware that an action or proceeding was pending in a specified court that might affect the party or the party's status or property.
History:
L. 1963, ch. 303, 60-204; L. 2010, ch. 135, § 71; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-207 Pleadings allowed; motions; form.

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 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.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-209 Pleading special matters.

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 issues. To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party's knowledge.
(b) Fraud or mistake; conditions of mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge and other conditions of a person's mind may be alleged generally.
(c) Conditions precedent. In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or have been performed. But when denying that a condition precedent has occurred or been performed, a party must do so with particularity.
(d) Official document or act. In pleading an official document or official act, it suffices to allege that the document was legally issued or the act legally done.
(e) Judgment. In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it.
(f) Time and place. An allegation of time or place is material when testing the sufficiency of a pleading.
(g) Special damages. If an item of special damage is claimed, it must be specifically stated. If the court allows an amended petition pursuant to K.S.A. 60-3703, and amendments thereto, to include a claim for exemplary or punitive damages the amended petition must state only whether the amount sought as damages is or is not in excess of $75,000.
(h) Pleading a written instrument. A claim, defense or counterclaim founded on a written instrument may be pleaded by:
(1) Reasonably identifying the written instrument and stating its substance;
(2) reciting the contents of the written instrument in the pleading; or
(3) attaching a copy to the pleading as an exhibit.
(i) Tender of money. When a tender of money is made in a pleading, the money need not be deposited in court prior to trial, unless the court orders otherwise.
(j) Libel and slander. In an action for libel or slander, it suffices to allege generally that defamatory matter was published or spoken concerning the plaintiff, and if that allegation is not denied in the answer, it need not be proved at trial. The defendant's answer may allege both the truth of the matter charged as defamatory and any mitigating circumstances that reduce the amount of damages. Whether the defendant proves justification, the defendant may introduce evidence of any mitigating circumstances.
History:
L. 1963, ch. 303, 60-209; L. 1976, ch. 252, § 2; L. 1988, ch. 209, § 5; L. 1997, ch. 173, § 5; L. 2010, ch. 135, § 76; L. 2011, ch. 48, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-210 Form of pleadings.

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, may refer generally to other parties.
(b) Paragraphs; separate statements. A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence, and each defense other than a denial, must be stated in a separate count or defense.
(c) Adoption by reference; exhibits. A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion. A copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes.
(d) Change of name. If the name of a party changes after an action has been commenced, either before or after judgment, by reason of marriage, divorce, adoption, a change of name proceeding, amendment of articles of incorporation, the assumption of an alias or otherwise, or if an action is mistakenly commenced against a party by a former name no longer used by the party, any party in interest may cause that fact to be noted of record by filing a certified copy of a marriage record, decree of divorce, amended articles of incorporation, order of adoption or change of name, or an affidavit or a declaration pursuant to K.S.A. 53-601, and amendments thereto, by an informed person. The name as changed must be used in the alternative in all subsequent proceedings in the action.
History: L. 1963, ch. 303, 60-210; amended by Supreme Court Rule No. 125; effective January 1, 1969; L. 2010, ch. 135, § 77; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-217 Parties; capacity.

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 bailee;
(F) a trustee of an express trust;
(G) a receiver;
(H) a party with whom or in whose name a contract has been made for another's benefit; and
(I) a party authorized by statute.
(2) Action in the name of the state of Kansas for another's use or benefit. When a statute so provides, an action for another's use or benefit must be brought in the name of the state of Kansas.
(3) Joinder of the real party in interest. The court may not dismiss an action for failure to prosecute in the name of the real party in interest until, after an objection, a reasonable time has been allowed for the real party in interest to ratify, join or be substituted into the action. After ratification, joinder or substitution, the action proceeds as if it had been originally commenced by the real party in interest.
(b) Claim accruing under law of another state. A claim for relief that has accrued under the laws of another state or territory may be sued upon by the person or persons authorized to bring and maintain an action on the claim in the state or territory where it arose. When the law of the state or territory where a claim for relief for death arose authorizes the action to be prosecuted by an administrator or executor, then the action may also be maintained by an administrator or executor appointed under the laws of this state.
(c) Minor or incapacitated person. (1) With a representative. The following representatives may sue or defend on behalf of a minor or an incapacitated person:
(A) A general guardian;
(B) a committee;
(C) a conservator; or
(D) a like fiduciary.
(2) Without a representative. A minor or an incapacitated person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem, or issue another appropriate order, to protect a minor or incapacitated person who is unrepresented in an action.
(d) Public officer's title and name. A public officer who sues or is sued in an official capacity may be designated by official title rather than by name, but the court may order that the officer's name be added.
History:
L. 1963, ch. 303, 60-217; L. 1965, ch. 354, § 2; L. 1986, ch. 215, § 5; L. 2010, ch. 135, § 84; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-218 Joinder of claims; contingent claims.

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 other, but the court may grant relief only in accordance with the parties' relative substantive rights. In particular, a plaintiff may state a claim for money and a claim to set aside a conveyance that is fraudulent as to that plaintiff, without first obtaining a judgment for the money; a plaintiff may state in the original claim or an amended petition or in an answer or a reply, a claim to have any release, settlement or discharge of the original claim set aside as fraudulent or wrongfully procured.
History:
L. 1963, ch. 303, 60-218; amended by Supreme Court order dated July 17, 1969; L. 2010, ch. 135, § 85; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-219 Required joinder of parties; feasibility.

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 so situated that disposing of the action in the person's absence may:
(i) As a practical matter, impair or impede the person's ability to protect the interest; or
(ii) leave an existing party subject to a substantial risk of incurring double, multiple or otherwise inconsistent obligations because of the interest.
(2) Joinder by court order. If a person has not been joined as required, the court must order that the person be made a party. A person who refuses to join as a plaintiff may be made either a defendant or, in a proper case, an involuntary plaintiff.
(3) Venue. If a joined party objects to venue and the joinder would make venue improper, the court must dismiss the party.
(b) When joinder is not feasible. If a person who is required to be joined if feasible cannot be joined, the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed. The factors for the court to consider include:
(1) The extent to which a judgment rendered in the person's absence might prejudice that person or the existing parties;
(2) the extent to which any prejudice could be lessened or avoided by:
(A) Protective provisions in the judgment;
(B) shaping the relief; or
(C) other measures;
(3) whether a judgment rendered in the person's absence would be adequate; and
(4) whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder.
(c) Pleading the reasons for nonjoinder. When asserting a claim for relief, a party must state:
(1) The name, if known of any person who is required to be joined if feasible, but is not joined; and
(2) the reasons for not joining that person.
(d) Exception for class actions. This section is subject to the provisions of K.S.A. 60-223, and amendments thereto.
(e) Nominee. In an action in which any relief sought would determine title or affect a security interest in real property, a person who is subject to service of process must be joined as a party if the person is a nominee of record on behalf of a beneficial owner of a claimed interest in the property that is the subject of the action. The nominee need not be a party required to be joined under subsection (a)(1).
History:
L. 1963, ch. 303, 60-219; amended by Supreme Court order dated July 17, 1969; L. 2010, ch. 135, § 86; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-220 Permissive joinder of parties.

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 fact common to all plaintiffs will arise in the action.
(2) Defendants. Persons may be joined in one action as defendants if:
(A) Any right to relief is asserted against them 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 fact common to all defendants will arise in the action.
(3) Extent of relief. Neither a plaintiff nor a defendant need be interested in obtaining or defending against all the relief demanded. The court may grant judgment to one or more plaintiffs according to their rights, and against one or more defendants according to their liabilities.
(b) Protective measures. The court may issue orders, including an order for separate trials, to protect a party against embarrassment, delay, expense or other prejudice that arises from including a person against whom the party asserts no claim and who asserts no claim against the party.
History:
L. 1963, ch. 303, 60-220; amended by Supreme Court order dated July 17, 1969; L. 2010, ch. 135, § 87; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-221 Misjoinder and nonjoinder of parties.

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, 60-221; L. 2010, ch. 135, § 88; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-222 Interpleader.

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, or the titles on which their claims depend, lack a common origin or are adverse and independent rather than identical; or
(B) the plaintiff denies liability in whole or in part to any or all of the claimants.
(2) By a defendant. A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim.
(b) Disclaiming interpleader. (1) A party's answer may plead that:
(A) Another person, without collusion with the party, has a claim or has made a claim to money or property in the party's possession; and
(B) the party is ready to pay or dispose of the money or property as the court orders.
(2) The court may issue an order for the safekeeping, including the payment or deposit in court or the delivery to a custodian, of the money or property. The court may issue an order requiring the person to appear at a specific time and assert or relinquish a claim against the money or property. A copy of the order must be served on the person in the manner provided for service of summons in article 3 of chapter 60 of the Kansas Statutes Annotated.
(3) If the person fails to appear at the specified time, the court may bar any claim by the person to the money or property. If the person appears and asserts a claim against the money or property, the court must discharge the party from all liability with respect to the money or property upon the party's deposit or delivery of the money or property as ordered by the court. The court must realign the remaining parties as their interests appear.
(c) Application. The provisions of this section supplement and do not in any way limit the joinder of parties permitted in K.S.A. 60-220, and amendments thereto.
History:
L. 1963, ch. 303, 60-222; L. 2010, ch. 135, § 89; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-223a Derivative actions.

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 enforce. The derivative action may not be maintained if it appears that the plaintiff does not fairly and adequately represent the interests of shareholders or members who are similarly situated in enforcing the right of the corporation or association.
(b) Pleading requirements. The petition must be verified and must:
(1) Allege that the plaintiff was a shareholder or member at the time of the transaction complained of, or that the plaintiff's share or membership later devolved on it by operation of law;
(2) allege that the action is not a collusive one to confer jurisdiction that the court would otherwise lack; and
(3) state with particularity:
(A) Any effort by the plaintiff to obtain the desired action from the directors or comparable authority and, if necessary, from the shareholders or members; and
(B) the reasons for not obtaining the action or not making the effort.
(c) Conducting the action. In conducting an action under this section, the court may issue any appropriate orders corresponding with those described in subsection (d) of K.S.A. 60-223, and amendments thereto.
(d) Settlement, dismissal and compromise. A derivative action may be settled, voluntarily dismissed or compromised only with the court's approval. Notice of a proposed settlement, voluntary dismissal or compromise must be given to shareholders or members in the manner that the court orders.
History:
Order of Supreme Court dated July 17, 1969; L. 2010, ch. 135, § 91; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-223b Actions relating to unincorporated associations.

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 those parties will fairly and adequately protect the interests of the association and its members. In conducting the action, the court may issue any appropriate orders corresponding with those described in subsection (d) of K.S.A. 60-223, and amendments thereto, and the procedure for settlement, voluntary dismissal or compromise must correspond with the procedure in subsection (e) of K.S.A. 60-223, and amendments thereto.
History:
Order of Supreme Court dated July 17, 1969; L. 2010, ch. 135, § 92; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-224 Intervention.

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, and is so situated that disposing of the action may as a practical matter substantially impair or impede the movant's ability to protect its interest, unless existing parties adequately represent that interest.
(b) Permissive intervention. (1) In general. On timely motion, the court may permit anyone to intervene who:
(A) Is given a conditional right to intervene by a statute; or
(B) has a claim or defense that shares with the main action a common question of law or fact.
(2) By a government officer or agency. (A) On timely motion, the court may permit a governmental officer or agency to intervene if a party's claim or defense is based on:
(i) A statute or executive order administered by the officer or agency; or
(ii) any regulation, order, requirement or agreement issued or made under the statute or executive order.
(B) When the validity of an ordinance, regulation, statute or constitutional provision of this state or a governmental subdivision of this state is drawn in question in any action to which the state or governmental subdivision or an officer, agency or employee thereof is not a party, the court may notify the chief legal officer of the state or its subdivision, and permit intervention on proper application.
(C) When notice to the attorney general is required by K.S.A. 75-764, and amendments thereto, the court must permit intervention by the attorney general on proper application.
(3) Delay or prejudice. In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties' rights.
(c) Notice and pleading required. A motion to intervene must be served on the parties as provided in K.S.A. 60-205, and amendments thereto. The motion must state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought.
History:
L. 1963, ch. 303, 60-224; amended by Supreme Court order dated July 17, 1969; L. 2010, ch. 135, § 93; L. 2016, ch. 8, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-225 Substitution of parties.

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's successor or representative. If the motion is not made within a reasonable time after service of a statement noting the death, the action by or against the decedent must be dismissed.
(2) Continuation among the remaining parties. After a party's death, if the right sought to be enforced survives only to or against the remaining parties, the action does not abate, but proceeds in favor of or against the remaining parties. The death should be noted on the record.
(3) Service. A motion to substitute, together with a notice of hearing, must be served on the parties as provided in K.S.A. 60-205, and amendments thereto, and on nonparties in the manner provided for the service of a summons. A statement noting death must be served in the same manner.
(b) Incapacity. If a party becomes an incapacitated person, the court may, on motion permit the action to be continued by or against the party's representative as provided in subsection (c) of K.S.A. 60-217, and amendments thereto. The motion must be served as provided in subsection (a)(3).
(c) Transfer of interest. If an interest is transferred, the action may be continued by or against the original party unless the court, on motion, orders the transferee to be substituted in the action or joined with the original party. The motion must be served as provided in subsection (a)(3).
(d) Public officers; death or separation from office. An action does not abate when a public officer who is a party in an official capacity dies, resigns or otherwise ceases to hold office while the action is pending. The officer's successor is automatically substituted as a party. Later proceedings should be in the substituted party's name, but any misnomer not affecting the parties' substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.
(e) Continued representation by attorney. If a party dies or becomes an incapacitated person, that party's attorney may continue the representation in the name of the original party until a substitution has been made.
History:
L. 1963, ch. 303, 60-225; L. 1965, ch. 354, § 3; L. 2010, ch. 135, § 94; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-228 Persons before whom depositions may be taken.

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 certified court reporter by the Kansas supreme court.
(2) Outside this state. Outside this state, but within the United States or a territory or insular possession subject to United States jurisdiction, a deposition must be taken before:
(A) An officer authorized to administer oaths by the law in the place of examination; or
(B) a person appointed by the court where the action is pending to administer oaths and take testimony.
(3) Granting of commission. A court of this state in which an action is pending may grant a commission to one or more persons to take depositions inside or outside this state. The clerk may issue the commission under the seal of the court.
(b) In a foreign country. (1) In general. A deposition may be taken in a foreign country:
(A) Under an applicable treaty or convention;
(B) under a letter of request, whether or not captioned a "letter rogatory";
(C) on notice, before a person authorized to administer oaths either by federal law or by the law in the place of examination; or
(D) before a person commissioned by the court to administer any necessary oath and take testimony.
(2) Issuing a letter of request or a commission. A letter of request, a commission, or both may be issued:
(A) On appropriate terms after an application and notice of it; and
(B) without a showing that taking the deposition in another manner is impracticable or inconvenient.
(3) Form of a request, notice or commission. When a letter of request or any other device is used according to a treaty or convention, it must be captioned in the form prescribed by that treaty or convention. A letter of request may be addressed "To the Appropriate Authority in (name of country)." A deposition notice or a commission must designate by name or descriptive title the person before whom the deposition is to be taken.
(4) Letter of request; admitting evidence. Evidence obtained in response to a letter of request need not be excluded merely because it is not a verbatim transcript, because the testimony was not taken under oath or because of any similar departure from the requirements for depositions taken within this state.
(c) Disqualification. A deposition must not be taken before a person who is any party's relative, employee or attorney, who is related to or employed by any party's attorney or who is financially interested in the action.
History:
L. 1963, ch. 303, 60-228; L. 1997, ch. 173, § 12; L. 2000, ch. 175, § 2; L. 2010, ch. 135, § 97; L. 2012, ch. 13, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-229 Discovery procedure; stipulations.

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 other deposition; and
(b) other procedures governing or limiting discovery be modified, but a stipulation extending the time for any form of discovery must have court approval if it would interfere with the time set for completing discovery, for hearing a motion or for trial.
History:
L. 1963, ch. 303, 60-229; amended by Supreme Court order dated July 20, 1972; L. 2010, ch. 135, § 98; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-231 Depositions by written questions.

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 subpoena under K.S.A. 60-245, and amendments thereto.
(2) With leave. A party must obtain leave of court, and the court must grant leave to the extent consistent with K.S.A. 60-226(b)(1) and (2), and amendments thereto:
(A) If the parties have not stipulated to the deposition and:
(i) The deponent has already been deposed in the case; or
(ii) the party seeks to take the deposition before the time specified in K.S.A. 60-216(b), and amendments thereto; or
(B) if the deponent is confined in prison.
(3) Service; required notice. A party who wants to depose a person by written questions must serve them on every other party, with a notice stating, if known, the deponent's name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. The notice must also state the name or descriptive title and the address of the officer before whom the deposition will be taken.
(4) Questions directed to an organization. A public or private corporation, a partnership, an association, a governmental agency or other entity may be deposed by written questions in accordance with K.S.A. 60-230(b)(6), and amendments thereto.
(5) Questions from other parties. Any question to the deponent from other parties must be served on all parties as follows: cross-questions, within 14 days after being served with the notice and direct questions; redirect questions, within 14 days after being served with cross-questions; and recross-questions, within 14 days after being served with redirect questions. The court may, for good cause, extend or shorten these times.
(b) Delivery to the officer; officer's duties. The party who noticed the deposition must deliver to the officer a copy of all the questions served and of the notice. The officer must promptly proceed in the manner provided in K.S.A. 60-230(c), (e) and (f), and amendments thereto, to:
(1) Take the deponent's testimony in response to the questions;
(2) prepare and certify the deposition; and
(3) send it to the party, attaching a copy of the questions and of the notice.
(c) Notice of completion or filing. (1) Completion. The party who noticed the deposition must notify all other parties when it is completed.
(2) Filing. A party who files the deposition must promptly notify all other parties of the filing.
History:
L. 1963, ch. 303, § 60-231; amended by Supreme Court order dated July 20, 1972; L. 1987, ch. 218, § 3; L. 1997, ch. 173, § 14; L. 2010, ch. 135, § 100; L. 2017, ch. 75, § 6; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-233 Interrogatories to parties.

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 to any matter that may be inquired into under subsection (b) of K.S.A. 60-226, and amendments thereto. An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the court may order that the interrogatory need not be answered until designated discovery is complete, or until a pretrial conference or some other time.
(b) Answer and objection. (1) Responding party. The interrogatories must be answered:
(A) By the party to whom they are directed; or
(B) if that party is a public or private corporation, a partnership, an association, a governmental agency or other entity, by any officer or agent, who must furnish the information available to the party.
(2) Time to respond. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories, except that a defendant may serve answers or objections within 45 days after being served with process. A shorter or longer time may be stipulated to under K.S.A. 60-229, and amendments thereto, or be ordered by the court.
(3) Answering each interrogatory. Each interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath.
(4) Objections. The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.
(5) Signature. The person who makes the answers must sign them, and the attorney who objects must sign any objections.
(c) Use. An answer to an interrogatory may be used to the extent allowed by the rules of evidence.
(d) Option to produce business records. If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting or summarizing a party's business records, including electronically stored information, and if the burden of deriving or ascertaining the answer will be substantially the same for either party, the responding party may answer by:
(1) Specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could; and
(2) giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts or summaries.
History:
L. 1963, ch. 303, 60-233; amended by Supreme Court order dated July 20, 1972; L. 1986, ch. 215, § 7; L. 1997, ch. 173, § 16; L. 2008, ch. 21, § 3; L. 2010, ch. 135, § 102; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-235 Physical and mental examinations.

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 licensed or certified examiner. The court has the same authority to order a party to produce for examination a person who is in its custody or under its legal control.
(2) Motion and notice; contents of the order. The order:
(A) May be made only on motion for good cause and on notice to all parties and the person to be examined;
(B) must specify the time, place, manner, conditions and scope of the examination, as well as the person or persons who will perform it; and
(C) must direct the moving party to advance the expenses that will necessarily be incurred by the party or person to be examined.
(b) Examiner's report. (1) Request by the party or person examined. The party who moved for the examination must, on request, deliver to the requester a copy of the examiner's report, together with like reports of all earlier examinations of the same condition. The request may be made by the party against whom the examination order was issued or by the person examined.
(2) Contents. The examiner's report must be in writing and must set out in detail the examiner's findings, including diagnoses, conclusions and the results of any tests.
(3) Scope. This subsection applies also to an examination made by the parties' agreement, unless the agreement states otherwise. This subsection does not preclude obtaining an examiner's report or deposing an examiner under other law.
(c) Reports of other examinations. Any party may request, and is entitled to receive, from another party like reports of all earlier or later examinations of the same condition. But those reports need not be delivered by the party with custody or control of the person examined if the party shows that it could not obtain them. Reports provided under this subsection must contain the information specified in subsection (b)(2).
(d) Failure to deliver a report. The court on motion may order, on just terms, that a party deliver a report of an examination under subsection (b) or (c). If the report is not provided, the court may exclude the examiner's testimony at trial.
History:
L. 1963, ch. 303, 60-235; amended by Supreme Court order dated July 20, 1972; L. 1980, ch. 172, § 1; L. 1997, ch. 173, § 18; L. 2010, ch. 135, § 104; L. 2011, ch. 48, § 10; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-238 Right of trial by jury; demand; waiver.

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 right by a jury, a party may demand a jury trial by:
(1) Serving the other parties with a written demand, which may be included in a pleading, no later than 14 days after the last pleading directed to the issue is served; and
(2) filing the demand in accordance with K.S.A. 60-205, and amendments thereto.
(c) Specifying issues. In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable. If the party has demanded a jury trial on only some issues, any other party may, within 14 days after being served with the demand or within a shorter time ordered by the court, serve a demand for a jury trial on any other or all factual issues triable by jury.
(d) Waiver; withdrawal. A party waives a jury trial unless its demand is properly served and filed, but the court may set aside a waiver of a jury trial in the interest of justice or when the waiver inadvertently results. A proper demand may be withdrawn only if the parties consent.
History:
L. 1963, ch. 303, 60-238; L. 1997, ch. 173, § 21; L. 2010, ch. 135, § 107; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-239 Trial by jury or by the court.

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 parties or their attorneys file a stipulation to a nonjury trial, or so stipulate on the record; or
(2) the court, on motion, or on its own, finds that on some or all of those issues there is no right to a jury trial under the Kansas constitution or statutes.
(b) When no demand is made. Issues on which a jury trial is not properly demanded are to be tried by the court. But the court may, on motion, order a jury trial on any issue for which a jury might have been demanded.
(c) Advisory jury; jury trial by consent. In an action not triable of right by jury, the court, on motion, or on its own:
(1) May try any issue with an advisory jury; or
(2) may, with the parties' consent, try any issue by a jury whose verdict has the same effect as if a jury trial had been a matter of right, unless the action is against the state and a state statute provides for a nonjury trial.
History:
L. 1963, ch. 303, 60-239; L. 2010, ch. 135, § 108; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 2 - Rules Of Civil Procedure › 60-240 Scheduling cases for trial; continuances.

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 action at any stage of the proceedings on just terms. When a continuance is granted due to the absence of evidence, it must be at the cost of the party requesting the continuance, unless the court orders otherwise.
(c) Motion for continuance based on absence of material witness, document, thing or other evidence; affidavit or declaration. (1) Affidavit or declaration in support of motions. The court need not entertain a motion for a continuance based on the absence of a material witness, document, thing or other evidence unless supported by an affidavit or a declaration pursuant to K.S.A. 53-601, and amendments thereto.
(A) An affidavit or declaration in support of a motion for a continuance based on the absence of a material witness must state:
(i) The name of the witness, and, if known, the witness' residence;
(ii) the substance of the witness' expected testimony and the basis for the expectation;
(iii) that the affiant or declarant believes the statements in the affidavit or declaration to be true; and
(iv) the efforts that have been made to procure the witness' attendance or deposition.
(B) An affidavit or declaration in support of a motion for a continuance based on the absence of a material document, thing or other evidence must contain similar statements, with appropriate modifications.
(2) Objections. A party objecting to a continuance may not contradict the statement of the substance of the absent witness' expected testimony or the substance of the absent document, thing or other evidence, but may contradict any other statement in the affidavit or declaration.
(3) Granting or denying the motion. The court may deny the motion if the adverse party admits that the absent witness would, if present, testify as stated in the affidavit or declaration, and agrees that the affidavit or declaration be received as evidence at the trial and considered as though the witness were present and so testified. The granting or denial of a continuance is discretionary in all cases, regardless of compliance with the provisions of this subsection.
History:
L. 1963, ch. 303, 60-240; L. 2010, ch. 135, § 109; July 1.