Kansas Statutes Annotated

K.S.A. § 60-257 (2026)

Declaratory judgment

✓ current as of May 2026
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60-257. Declaratory judgment. This article governs the procedure for obtaining a declaratory judgment under article 17 of this chapter. K.S.A. 60-238 and 60-239, and amendments thereto, govern a demand for a jury trial. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. The court may order a speedy hearing of a declaratory-judgment action.

History: L. 1963, ch. 303, 60-257; L. 2010, ch. 135, § 130; July 1.

Notes of Decisions
Cited in 10 cases, 1964–2001 · leading case: Wagher v. Guy's Foods, Inc., 885 P.2d 1197 (Kan. 1994).
Wagher v. Guy's Foods, Inc., 885 P.2d 1197 (Kan. 1994). · cites it 4× “K.S.A. 60-257 provides that in a procedure for obtaining a declaratory judgment, “the right to trial by jury may be demanded under the circumstances and in the manner provided in K.”
Ratley v. Sheriff's Civil Serv. Bd., 646 P.2d 1133 (Kan. Ct. App. 1982). · cites it 3× “*640 K.S.A. 60-257 also pertains to declaratory judgments.”
Jensen Int'l, Inc. v. Kelley, 32 P.3d 1205 (Kan. Ct. App. 2001). · cites it 3× “Tury Trial Jensen argues it had the right to a jury trial under the Kansas *843 Constitution Bill of Rights § 5 and K.S.A. 60-257, and that the trial court erred in denying it because it was a declaratory judgment action.”
Aselco, Inc. v. Hartford Ins. Grp., 21 P.3d 1011 (Kan. Ct. App. 2001). “K.S.A. 60-257. The district judge relied primarily on a federal district court case to find that a garnishment would be a more appropriate avenue for SOS.”
Nichols v. Kansas Political Action Comm., 11 P.3d 1134 (Kan. 2000). “He relies on K.S.A. 60-257 which provides in part: “The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate.”
In Re Petition of City of Moran, 713 P.2d 451 (Kan. 1986). “The procedure for obtaining a declaratory judgment (K.S.A. 60-257) provides for the right of a jury trial in the same manner as provided by K.”
Wagner v. Mahaffey, 408 P.2d 602 (Kan. 1965). · cites it 2× ““(a) This action is filed pursuant to the provisions of Article 17 and Section 60-257, revised code of civil procedure, for the, purposes of securing plaintiff’s constitutional rights and his statutory right of garnishment.”
Schaefer & Assocs., P.A. v. Schirmer, 590 P.2d 1087 (Kan. Ct. App. 1979). “: This is an action for a declaratory judgment pursuant to K.S.A. 60-257 and 60-1701. The parties seek a determination of certain of their rights and duties under a corporate shareholders’ agreement.”
Cimarron Ins. v. Loftus, 612 P.2d 1245 (Kan. Ct. App. 1980). “, commenced this action for a declaratory judgment pursuant to K.S.A. 60-257 and 60-1701, seeking a determination of whether coverage was afforded defendant Fenton under the omnibus clause of a policy of automobile liability insurance issued to defendant Loftus.”
Great Lakes Pipe Line Co. v. Wetschensky, 396 P.2d 295 (Kan. 1964). “The pleadings, which are framed with a view of bringing the action within the provisions of Sections 60-257 and 60-1701, Kansas Code of Civil Procedure, disclose that an actual controversy exists between the plaintiff, Great Lakes Pipe Line Company, a corporation, the appellee…”
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