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.
Notes of Decisions
Cited in
58
cases (
9 in the last 5 years), 1979–2026 · leading case:
In Re Interests K.H., 444 P.3d 354 (Kan. Ct. App. 2019).
In Re Interests K.H., 444 P.3d 354 (Kan. Ct. App. 2019).
· cites it 5× “38-2234 and K.S.A. 60-255 that if you do not appear at the hearing, the court will be making decisions without your input which could result in a default judgment against either parent who fails to appear.”
In Re the Marriage of Thompson, 832 P.2d 349 (Kan. Ct. App. 1992).
· cites it 16× “If the letter is held to constitute an entry of appearance, then a second issue is raised.”
Bazine State Bank v. Pawnee Prod. Serv., Inc., 781 P.2d 1077 (Kan. 1989).
· cites it 7× “The district *491 court granted the Bank’s motion for default judgment against the defendants for failing to timely file their answers (K.S.A. 60-255), and denied defendants’ motion to set aside that judgment (K.”
Rose & Nelson v. Frank, 956 P.2d 729 (Kan. Ct. App. 1998).
· cites it 7× “We find K.S.A. 60-255 is clear and unambiguous. Notice is required to those who have ‘appeared in the action.”
Landmark Nat'l Bank v. Kesler, 216 P.3d 158 (Kan. 2009).
· cites it 2× “55(c) and 60(b). K.S.A. 60-260(b) allows relief from a judgment based on mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence that could not have been timely discovered with due diligence; fraud or misrepresentation; a void judgment; a judgment that…”
In re J.L., 449 P.3d 762 (Kan. Ct. App. 2019).
· cites it 6× “The State's petition containing a blanket notice that if a parent failed to appear at any hearing the result would be the court making decisions without the parent's input and could result in a default judgment did not satisfy the notice requirements of K.S.A. 2018 Supp. 60-255…”
In Re Marriage of Welliver, 869 P.2d 653 (Kan. 1994).
· cites it 5× “Annot 127) and K.S.A. 60-255; and (3) the district court abused its discretion in denying his K.”
Johnson v. Studyvin, 828 F. Supp. 877 (D. Kan. 1993).
· cites it 4× “Studyvin did not appear, pursuant to K.S.A. § 60-255 (1983). In the process of entering a default judgment, normally the party against whom judgment is rendered does not participate at all and thus the judgment that is entered is not the product of negotiation and compromise.”
Hood v. Haynes, 644 P.2d 1371 (Kan. Ct. App. 1982).
· cites it 3× “We believe he was entitled to such notice under the mandate of K.S.A. 60-255. *598 The result is the judgment must be reversed and the case remanded with directions to rehear the motion for default judgment after statutory notice to defendants.”
Garcia v. Ball, 363 P.3d 399 (Kan. 2015).
“60-260(b), which states: “On motion and upon such terms as are just, the court may relieve a party or said party’s legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly…”
Wellsville Bank v. Sutterby, 752 P.2d 700 (Kan. Ct. App. 1988).
· cites it 3× “VOID — VOIDABLE JUDGMENT The Sutterbys contend that they “appeared” in the Bank’s action on the original note and that K.S.A. 60-255(a) entitled them to notice of the Bank’s application for default judgment three days prior to the hearing.”
Universal Modular Structures, Inc. v. Forrest, 720 P.2d 1121 (Kan. Ct. App. 1986).
· cites it 3× “UMS also points out that Rule 118(d)’s operation is more “stringent” than that of its companion statute, K.S.A. 60-255 (entry of default judgments), and notes that in Simmon v.”
— K.S.A. § 60-255(5) — 1 case
— K.S.A. § 60-255(a) — 23 cases
Rose & Nelson v. Frank, 956 P.2d 729 (Kan. Ct. App. 1998).
“We find K.S.A. 60-255 is clear and unambiguous. Notice is required to those who have ‘appeared in the action.”
In Re the Marriage of Thompson, 832 P.2d 349 (Kan. Ct. App. 1992).
“If the letter is held to constitute an entry of appearance, then a second issue is raised.”
In Re Interests K.H., 444 P.3d 354 (Kan. Ct. App. 2019).
“38-2234 and K.S.A. 60-255 that if you do not appear at the hearing, the court will be making decisions without your input which could result in a default judgment against either parent who fails to appear.”
Wellsville Bank v. Sutterby, 752 P.2d 700 (Kan. Ct. App. 1988).
“VOID — VOIDABLE JUDGMENT The Sutterbys contend that they “appeared” in the Bank’s action on the original note and that K.S.A. 60-255(a) entitled them to notice of the Bank’s application for default judgment three days prior to the hearing.”
— K.S.A. § 60-255(b) — 18 cases
Landmark Nat'l Bank v. Kesler, 216 P.3d 158 (Kan. 2009).
“55(c) and 60(b). K.S.A. 60-260(b) allows relief from a judgment based on mistake, inadvertence, surprise, or excusable neglect; newly discovered evidence that could not have been timely discovered with due diligence; fraud or misrepresentation; a void judgment; a judgment that…”
Garcia v. Ball, 363 P.3d 399 (Kan. 2015).
“60-260(b), which states: “On motion and upon such terms as are just, the court may relieve a party or said party’s legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly…”
In Re the Marriage of Thompson, 832 P.2d 349 (Kan. Ct. App. 1992).
“If the letter is held to constitute an entry of appearance, then a second issue is raised.”
Bazine State Bank v. Pawnee Prod. Serv., Inc., 781 P.2d 1077 (Kan. 1989).
“The district *491 court granted the Bank’s motion for default judgment against the defendants for failing to timely file their answers (K.S.A. 60-255), and denied defendants’ motion to set aside that judgment (K.”
— K.S.A. § 60-255(c) — 2 cases
— K.S.A. § 60-255(h) — 3 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.