Kansas Civil Motion Practice: A Comprehensive Guide

Civil litigation in Kansas District Courts is governed by the Kansas Code of Civil Procedure (K.S.A. ch. 60), a rule system that shares structural similarities with the Federal Rules of Civil Procedure but contains important distinctions. Understanding these differences—and the procedural requirements for each category of motion—is essential for successful advocacy in Kansas courts.

General Motion Practice Requirements

Format and Filing

All motions in Kansas District Court must comply with K.S.A. § 60-204(a), which specifies that every motion shall be in writing and shall state with particularity the grounds for the motion and the relief sought. The standard motion package includes:

K.S.A. § 60-204(d) provides that memoranda in support of motions shall not exceed 20 pages unless the court grants leave for additional pages. This is notably strict compared to federal practice and requires concise, well-organized arguments.

Notice and Service Requirements

Kansas requires that a motion be served on all parties at least 10 calendar days before the hearing date, per K.S.A. § 60-204(f). This differs from the federal 14-day requirement and means shorter preparation time for opposing counsel. Service must be made according to the methods outlined in K.S.A. § 60-304 (personal delivery, mail, or other means permitted by court order).

The notice of hearing must state the time and place of the hearing. The court may strike a motion if proper notice has not been given.

E-Filing and Paper Filing

Kansas courts increasingly mandate e-filing through each district's electronic filing system. However, K.S.A. § 60-204.1 allows the Supreme Court to adopt rules governing electronic filing, and local rules vary by county. Check your specific district court's local rules (often available on the Kansas Judicial Council website) for e-filing requirements. Some rural counties may still permit paper filing if e-filing is unavailable; always verify current requirements.

Oral Argument and Submission on Papers

Unless the court orders otherwise or local rules require oral argument, motions are typically ruled upon submission of papers alone—no hearing is held. To request oral argument, indicate this clearly in the notice of motion or in the memorandum caption. The court may grant or deny the request in its discretion.

Motion to Dismiss for Failure to State a Claim

Kansas's Pleading Standard and 12(b)(6) Equivalent

Kansas uses notice pleading, similar to federal practice under FRCP 12(b)(6). K.S.A. § 60-119(b) requires only a short and plain statement of the claim showing the pleader is entitled to relief. The standard is not fact pleading—detailed factual allegations are not required at the pleading stage.

The motion to dismiss equivalent in Kansas is brought under K.S.A. § 60-215(a)(6) (affirmative defense of failure of pleading to state a claim for which relief can be granted). However, this is typically raised as an affirmative defense rather than a pre-answer motion. Alternatively, a motion in limine or motion for judgment on the pleadings (discussed below) may serve similar purposes.

The Legal Standard

When evaluating a K.S.A. § 60-215(a)(6) assertion, courts apply the standard articulated in Holben v. Carr, 229 Kan. 490: the pleading must contain sufficient facts that, if proven, would entitle the plaintiff to relief. The court must accept all well-pleaded factual allegations as true and draw all reasonable inferences in the plaintiff's favor.

A motion raising this defense must explain specifically which legal elements the complaint fails to allege. Conclusory statements or legal conclusions are not sufficient.

Motion for Summary Judgment

Filing Deadline and Standard

Summary judgment motions must be filed at least 56 days before trial, per K.S.A. § 60-256(a), unless the court permits shorter notice for good cause. This deadline is strictly enforced and filing after this deadline will likely result in denial.

The Kansas standard mirrors federal law: a party is entitled to summary judgment if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. K.S.A. § 60-256(a).

Burden and Evidence

The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact. Once met, the non-moving party must set forth specific facts showing a genuine issue for trial—not merely conclusory or speculative allegations. Courts examine the record in the light most favorable to the non-moving party.

Partial Summary Judgment

K.S.A. § 60-256(d) permits partial summary judgment. A party may obtain summary judgment on certain claims, counterclaims, or affirmative defenses while other issues proceed to trial. This is useful for narrowing the scope of trial.

Form and Supporting Materials

The motion must be supported by affidavits, declarations under penalty of perjury (per K.S.A. § 60-222), or other admissible evidence. Self-serving, conclusory affidavits are insufficient. Exhibits must be authenticated or properly referenced.

Motion for Judgment on the Pleadings

K.S.A. § 60-256(e) permits a party to move for judgment on the pleadings after the pleadings are closed. This motion is appropriate when the movant believes the answer or other pleading fails to present a valid defense or counterclaim. Unlike summary judgment, no extrinsic evidence is considered—only the pleadings themselves.

This motion is less commonly filed in Kansas practice but can be useful if an opponent admits critical facts in a responsive pleading or fails to plead a necessary affirmative defense.

Motion to Compel Discovery

Meet-and-Confer Requirement

Before filing a motion to compel, K.S.A. § 60-237(a) requires the movant to make a good faith effort to resolve the dispute with opposing counsel. This "meet-and-confer" requirement typically involves a letter detailing the discovery request(s), the response (or lack thereof), and a request for compliance within 10 days. Many judges will dismiss or deny a motion to compel that does not demonstrate this good faith attempt.

Filing and Procedure

If the meet-and-confer effort fails, the motion to compel is filed with the court. The motion should cite the specific discovery request(s), attach copies of the request and any response, and explain why the response is deficient or why no response was provided. The motion must be accompanied by the certification of the good faith effort.

Fee-Shifting and Sanctions

If the movant prevails, K.S.A. § 60-237(a) requires the court to award reasonable expenses (including attorney's fees) incurred in making the motion, unless the moving party failed to make a good faith effort to obtain disclosure, the non-moving party's position was substantially justified, or other circumstances make the award unjust.

If a party fails to provide discovery despite a court order, further sanctions under K.S.A. § 60-237(b) may include dismissal, default, or contempt.

Motion in Limine

Filing and Timing

While K.S.A. ch. 60 does not explicitly address motions in limine by name, they are widely used in Kansas practice. The motion should be filed before or at trial to exclude prejudicial or inadmissible evidence. Many judges prefer motions in limine to be filed and heard at a pre-trial conference or on the morning of trial. Check local rules for any specific timing requirements.

Common Subjects

Motion for Default Judgment

Procedure for Non-Response

When a defendant fails to answer within the required time (K.S.A. § 60-150 specifies 20 days after service of the summons), the plaintiff may seek entry of default with the clerk of the court. Once default is entered, the defendant has forfeited the right to defend on the merits.

However, to obtain a judgment by default, the plaintiff must file a motion for default judgment (not simply rely on entry of default). K.S.A. § 60-237.1 governs this procedure.

Proving Damages

A critical requirement: even upon default, damages are not automatically awarded. The court must hold a hearing to determine the amount of damages owed. K.S.A. § 60-237.1(b) specifies that the court may not enter a judgment by default for a liquidated amount unless the claim is for a sum certain or a sum that can be made certain by calculation. For unliquidated damages (pain and suffering, lost wages, etc.), the court must conduct a hearing at which the plaintiff must present evidence of damages.

Relief from Default

A defendant may seek relief from default under K.S.A. § 60-260(b) by filing a motion promptly after learning of the default, showing a reasonable excuse for the delay and a meritorious defense. Courts are somewhat lenient in granting such relief, as Kansas policy favors resolving cases on the merits.

Motion to Amend Complaint

Standards for Leave to Amend

K.S.A. § 60-215(c) permits a party to amend its pleading once as a matter of right within 20 days after service of a responsive pleading (or if no responsive pleading is permitted, within 20 days after service of the pleading itself). After that period, amendment requires leave of court.

Leave to amend shall be freely given when justice so requires. Kansas courts apply a liberal standard, consistent with the policy favoring resolution on the merits. The test is whether the amendment would prejudice the opposing party or cause undue delay. Courts are reluctant to deny amendments merely because significant time has passed.

Relation Back Doctrine

K.S.A. § 60-215(d) provides that an amendment relating back to the date of the original pleading may be allowed in certain circumstances:

This doctrine is particularly important in cases where statutes of limitations have expired but the plaintiff seeks to add a new claim that arises from the same facts.

Motion for Temporary Restraining Order and Preliminary Injunction

Requirements and Standards

K.S.A. § 60-235 governs temporary restraining orders and preliminary injunctions. To obtain either, a party must demonstrate:

1. Likelihood of Success on the Merits — The movant must show a reasonable probability of succeeding on the underlying claim.
2. Irreparable Harm — The movant must show that without the injunction, irreparable harm will result—harm that cannot be adequately remedied by damages.
3. Balance of Equities Favors the Movant — The hardship to the movant if the injunction is denied must outweigh the hardship to the defendant if it is granted.
4. Public Interest — The injunction must not be adverse to the public interest.

Temporary Restraining Order (TRO)

A TRO is an emergency measure lasting up to 14 days (renewable once for 14 more days). K.S.A. § 60-235(a) permits ex parte issuance of a TRO only if:

A TRO issued without notice must specify the date of the hearing on the preliminary injunction, which must occur within 14 days.

Preliminary Injunction

A preliminary injunction may issue after noticed hearing and applies through trial. The court must set a bond amount to secure the applicant's liability for damages if the injunction is later found improper.

Motion to Change Venue or Transfer

Grounds and Procedure

K.S.A. § 60-240(a) permits a defendant to move to transfer the case to another county if:

The motion must be made before or with the answer or it is waived. K.S.A. § 60-240(b) specifies that venue is proper in the county where the defendant resides or where the claim arose.

If a motion to transfer is granted, the case is transferred to the county identified by the court.

Motion to Consolidate or Sever

Consolidation

K.S.A. § 60-242(a) permits the court to consolidate separately filed cases involving a common question of law or fact. This is particularly useful when multiple related claims are filed. Either party or the court may request consolidation.

Severance

K.S.A. § 60-242(b) permits the court to sever claims that are not sufficiently related or where a joint trial would create confusion or prejudice. Severance orders specify whether severed claims will be tried together or separately, and whether one claim will proceed while others are stayed.

Motion for Continuance

Standards and Procedure

K.S.A. § 60-245 authorizes the court to grant a continuance for good cause shown. Good cause typically includes:

The motion should be filed as soon as the need for continuance becomes apparent and should be specific about the reason and length of time needed. Courts are generally hesitant to grant continuances close to trial without substantial justification.

Post-Trial Motions

Motion for New Trial

#### Standard and Deadline

K.S.A. § 60-260(b) permits a motion for new trial on the grounds that the verdict is against the weight of the evidence, newly discovered evidence exists, or misconduct occurred. The motion must be filed within 10 days after entry of judgment.

The standard is strict: the verdict must be manifestly against the weight of the evidence—not merely against the evidence. New evidence must be such that it could not have been discovered through due diligence at trial.

Motion for Judgment Notwithstanding the Verdict (JNOV) / Judgment as a Matter of Law

#### Standard and Deadline

K.S.A. § 60-260(c) permits a motion for judgment as a matter of law (JMOL) after a verdict. The motion challenges the legal sufficiency of the evidence and asserts that no reasonable jury could have reached the verdict based on the evidence presented.

This motion must also be filed within 10 days after entry of judgment.

#### Prerequisites

To prevail, the moving party must show that the evidence, viewed in the light most favorable to the non-moving party, cannot support the verdict. This is a high bar—the moving party is not reweighing evidence or substituting its judgment for the jury's.

Motion to Alter or Amend Judgment

#### Standard and Deadline

K.S.A. § 60-260(d) permits a party to move to alter or amend a judgment. This motion is appropriate if:

The motion must be filed within 10 days after entry of judgment.

This motion differs from a motion for new trial in that it does not challenge the jury's verdict but rather the legal basis of the judgment or asserts newly discovered evidence.

Relation to Trial Date and Appeal

Importantly, filing any of these post-trial motions does not extend the time to appeal unless one of the specified grounds is met. Generally, K.S.A. § 60-260(b), (c), or (d) must be pending to stay the appeal deadline. Once a post-trial motion is denied or the 10-day period expires, the time to appeal begins (typically 30 days).

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Key Takeaways