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.
Notes of Decisions
Cited in
46
cases (
15 in the last 5 years), 1979–2025 · leading case:
State v. Miller, 427 P.3d 907 (Kan. 2018).
State v. Miller, 427 P.3d 907 (Kan. 2018).
· cites it 2× “2010) (unpublished opinion) (applying pleading requirements in K.S.A 60-207(b)(1) to criminal defendant's motion to modify sentence).”
Unwitting Victim v. C.S., 47 P.3d 392 (Kan. 2002).
· cites it 2× “Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in K.S.A. 60-207(a). In the petition the title of the action shall include the names of all the parties, but in other pleadings it is…”
Pabst v. State, 192 P.3d 630 (Kan. 2008).
“” K.S.A. 60-207(a), entitled “Pleadings,” describes the pleadings which are permitted, and a motion is not described therein as a “pleading.”
State v. Quick, 597 P.2d 1108 (Kan. 1979).
“See K.S.A. 60-207 and K.S.A. 22-3208, which relate to pleadings and motions generally.”
Patterson v. Brouhard, 792 P.2d 983 (Kan. 1990).
“61-1706, which incorporates pleadings set forth in K.S.A. 60-207, i.e., a petition and an answer; a reply to a counterclaim; 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; and a…”
Cross v. City of Kansas City, 638 P.2d 933 (Kan. 1982).
· cites it 2× “60-219, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under K.S.A. 60-207(a) or by motion for judgment on the pleadings, or at the trial on the merits.”
State v. Crume, 22 P.3d 1057 (Kan. 2001).
“See K.S.A. 60-207 and K.S.A. 22-3208, which relate to pleadings and motions generally.”
Mohr v. State Bank of Stanley, 734 P.2d 1071 (Kan. 1987).
“See K.S.A. 60-207, -208. He then became subject to the compulsory counterclaim rule, K.”
Kerry G. v. Stacy C., 411 P.3d 1227 (Kan. Ct. App. 2018).
· cites it 2× “K.S.A. 2016 Supp. 60-207(b) ; K.S.A. 2016 Supp.”
In Re the Marriage of Thompson, 832 P.2d 349 (Kan. Ct. App. 1992).
· cites it 2× “Our court also held that an oral motion made during the trial did not fall within the exception of K.S.A. 60-207(b)(1), which requires motions to be in writing.”
— K.S.A. § 60-207(B) — 1 case
— K.S.A. § 60-207(a) — 18 cases
Unwitting Victim v. C.S., 47 P.3d 392 (Kan. 2002).
“Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in K.S.A. 60-207(a). In the petition the title of the action shall include the names of all the parties, but in other pleadings it is…”
Pabst v. State, 192 P.3d 630 (Kan. 2008).
“” K.S.A. 60-207(a), entitled “Pleadings,” describes the pleadings which are permitted, and a motion is not described therein as a “pleading.”
Cross v. City of Kansas City, 638 P.2d 933 (Kan. 1982).
“60-219, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under K.S.A. 60-207(a) or by motion for judgment on the pleadings, or at the trial on the merits.”
— K.S.A. § 60-207(b) — 5 cases
Kerry G. v. Stacy C., 411 P.3d 1227 (Kan. Ct. App. 2018).
“K.S.A. 2016 Supp. 60-207(b) ; K.S.A. 2016 Supp.”
— K.S.A. § 60-207(b)(1) — 3 cases
State v. Miller, 427 P.3d 907 (Kan. 2018).
“2010) (unpublished opinion) (applying pleading requirements in K.S.A 60-207(b)(1) to criminal defendant's motion to modify sentence).”
In Re the Marriage of Thompson, 832 P.2d 349 (Kan. Ct. App. 1992).
“Our court also held that an oral motion made during the trial did not fall within the exception of K.S.A. 60-207(b)(1), which requires motions to be in writing.”
— K.S.A. § 60-207(b)(1)(B) — 1 case
Kerry G. v. Stacy C., 411 P.3d 1227 (Kan. Ct. App. 2018).
“K.S.A. 2016 Supp. 60-207(b) ; K.S.A. 2016 Supp.”
— K.S.A. § 60-207(b)(l) — 2 cases
In Re the Marriage of Thompson, 832 P.2d 349 (Kan. Ct. App. 1992).
“Our court also held that an oral motion made during the trial did not fall within the exception of K.S.A. 60-207(b)(1), which requires motions to be in writing.”
— K.S.A. § 60-207(h)(1) — 1 case
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