2009 Kansas Code
Chapter 60 PROCEDURE, CIVIL
Article 2 RULES OF CIVIL PROCEDURE
60-207. Pleadings allowed, forms of motions and petitions.
60-207
60-207. Pleadings allowed, forms of motions and petitions. (a) Pleadings. There shall be a petition and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party petition, if a person who was not an original party is summoned under the provision of K.S.A. 60-214; and a third-party answer, if a third-party petition is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer. Any petition filed in the district court pursuant to chapter 60 of the Kansas Statutes Annotated shall designate, immediately below the names of the parties in the caption, that such petition is filed pursuant to chapter 60 of the Kansas Statutes Annotated. Any such designation shall be sufficient if labeled "Petition Pursuant to K.S.A. Chapter 60" immediately below the caption.
(b) Motions and other papers. (1) An application to the court or judge for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. (2) The sections of this article applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by this article.
(c) Demurrers, pleas, etc., abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.
(d) Lost pleadings. If an original pleading is lost, destroyed, or withheld by any person, the court or judge may allow a copy thereof to be substituted.
History: L. 1963, ch. 303, 60-207; L. 1976, ch. 251, § 2; Jan. 10, 1977.
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