Kansas Statutes Annotated

K.S.A. § 61-2705 (2026)

Pleadings

✓ current as of May 2026

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61-2705. Pleadings. It is the purpose of this act to provide and maintain simplicity of pleading, and the court shall supply the forms prescribed by this act to assist the parties in preparing their pleadings. The pleading required in an action commenced under this act shall be the statement of plaintiff's claim, which shall be on the form set forth by the judicial council and be denominated a petition. A defendant who has a claim against the plaintiff, which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim, shall file a statement of the defendant's claim on the form set forth by the judicial council if the claim does not exceed the amount specified in subsection (a) of K.S.A. 61-2703, and amendments thereto. If the defendant's claim exceeds the amount specified in subsection (a) of K.S.A. 61-2703, and amendments thereto, the defendant may file a statement of the defendant's claim on the form set forth by the judicial council. The court shall not have any jurisdiction under this act to hear or determine any claim by a defendant which does not arise out of the transaction or occurrence which is the subject matter of plaintiff's claim.

No pleadings other than those provided for herein shall be allowed. It shall be sufficient that each pleading set forth a short and plain statement of the claim, showing that the pleader is entitled to relief, and contain a demand for judgment for the relief to which the pleader deems entitled.

History: L. 1973, ch. 239, § 5; L. 1990, ch. 212, § 10; L. 2005, ch. 101, § 17; July 1.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1983–2024 · leading case: Babe Houser Motor Co. v. Tetreault, 14 P.3d 1149 (Kan. 2000).

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Babe Houser Motor Co. v. Tetreault, 14 P.3d 1149 (Kan. 2000). · cites it 2× “K.S.A. 61-2705; K.S.A. 61-2712. To this end, the legislature crafted a set of simplified rules to govern small claims.”

Banister v. Carnes, 675 P.2d 906 (Kan. Ct. App. 1983). · cites it 5× “” K.S.A. 61-2705. Emphasis added. The form which is prescribed by the act is the Defendant’s Claim form.”

Patterson v. Brouhard, 792 P.2d 983 (Kan. 1990). “Based on the prior default judgment in small claims court, the dentist moved to dismiss under K.S.A. 61-2705, which provides that defendants in small claims actions “shall file” counterclaims against plaintiffs which arise “out of the same transaction or occurrence.”

Kansas Bar Ass'n v. Judges of the Third Jud. Dist., 14 P.3d 1154 (Kan. 2000). “K.S.A. 61-2705; K.S.A. 61-2712; see L. 1973, ch.”

Zou v. Washburn South Apts. (Kan. Ct. App. 2024). “" K.S.A. 61-2705. 6 Whether determined by a district judge or a district magistrate judge, an appeal from any judgment under the Act may be taken by filing a notice of appeal with the clerk of the district court within 14 days after entry of judgment.”

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