60-208.General rules of pleadings.(a) Claims for relief. A pleading which sets forth a claim forrelief, whether an original claim, counterclaim, cross-claim, orthird-party claim, shall contain: (1) A short and plain statement of theclaim showing that the pleader is entitled to relief; and (2) a demand forjudgment for the relief to which the pleader deemssuch pleader's self entitled.Every pleading demanding relief for damages in money in excess of$75,000,without demanding any specific amount of money,shall set forth only that the amount sought as damages is inexcess of $75,000,except in actions sounding in contract. Every pleadingdemanding relief for damages in money in an amount of $75,000or less shallspecify the amount of such damages sought to berecovered. Relief in thealternative or of several different types may be demanded.
(b) Defenses; form of denials. A party shall state in short andplain terms such party's defenses to each claim assertedand shall admit or deny theaverments upon which the adverse party relies. If the party is withoutknowledgeor information sufficient to form a belief as to the truth of an averment,the party shall so state and this has the effect of a denial. Denials shallfairlymeet the substance of the averments denied. When a pleader intends in goodfaith to deny only a part or a qualification of an averment, the pleader shallspecify so much of it as is true and material and shall deny only theremainder. Unless the pleader intends in good faith to controvert all theaverments of the preceding pleading, the pleader may make denials as specificdenials of designated averments or paragraphs, or the pleader may generally deny allthe averments except such designated averments or paragraphs as the pleaderexpressly admits; but, when the pleader does so intend to controvert allaverments, the pleader may do so by general denial, subject tothe obligations setforth in K.S.A. 60-211, and amendments thereto.
(c) Affirmative defenses. In pleading to a preceding pleading aparty shall set forth affirmatively accord and satisfaction, arbitrationand award, assumption of risk, contributory negligence, discharge inbankruptcy, duress, estoppel, failure of consideration, fraud, illegality,injury by fellow servant, laches, license, payment, release, resjudicata, statute of frauds, statute of limitations, waiver, and anyother matter constituting an avoidance or affirmative defense. When a partyhas mistakenly designated a defense as a counterclaim or a counterclaim asa defense, the court on terms, if justice so requires, shall treat thepleading as if there had been a proper designation.
(d) Effect of failure to deny. Averments in a pleading to which aresponsive pleading is required or permitted, other than those as to theamount of damage, are admitted when not denied in the responsive pleading.Averments in a pleading to which no responsive pleading is required orpermitted shall be taken as denied or avoided.
(e) Pleading to be concise and direct; consistency. (1) Eachaverment of a pleading shall be simple, concise, and direct. No technicalforms of pleading or motions are required.
(2) A party may set forth two or more statements of a claim or defensealternately or hypothetically, either in one count or defense or inseparate counts or defenses. When two or more statements are made in thealternative and one of them if made independently would be sufficient, thepleading is not made insufficient by the insufficiency of one or more ofthe alternative statements. A party may also state as many separate claimsor defenses as the party has regardless of consistency and whether based on legalor on equitable grounds or on both. All statements shall be made subject tothe obligations set forth in K.S.A. 60-211, and amendments thereto.
(f) Construction of pleadings. All pleadings shall be so construedas to do substantial justice.
History: L. 1963, ch. 303, 60-208; L. 1976, ch. 252, § 1;L. 1990, ch. 203, § 1;L. 1997, ch. 173, § 4; July 1.
60-208.General rules of pleadings.(a) Claims for relief. A pleading which sets forth a claim forrelief, whether an original claim, counterclaim, cross-claim, orthird-party claim, shall contain: (1) A short and plain statement of theclaim showing that the pleader is entitled to relief; and (2) a demand forjudgment for the relief to which the pleader deemssuch pleader's self entitled.Every pleading demanding relief for damages in money in excess of$75,000,without demanding any specific amount of money,shall set forth only that the amount sought as damages is inexcess of $75,000,except in actions sounding in contract. Every pleadingdemanding relief for damages in money in an amount of $75,000or less shallspecify the amount of such damages sought to berecovered. Relief in thealternative or of several different types may be demanded.
(b) Defenses; form of denials. A party shall state in short andplain terms such party's defenses to each claim assertedand shall admit or deny theaverments upon which the adverse party relies. If the party is withoutknowledgeor information sufficient to form a belief as to the truth of an averment,the party shall so state and this has the effect of a denial. Denials shallfairlymeet the substance of the averments denied. When a pleader intends in goodfaith to deny only a part or a qualification of an averment, the pleader shallspecify so much of it as is true and material and shall deny only theremainder. Unless the pleader intends in good faith to controvert all theaverments of the preceding pleading, the pleader may make denials as specificdenials of designated averments or paragraphs, or the pleader may generally deny allthe averments except such designated averments or paragraphs as the pleaderexpressly admits; but, when the pleader does so intend to controvert allaverments, the pleader may do so by general denial, subject tothe obligations setforth in K.S.A. 60-211, and amendments thereto.
(c) Affirmative defenses. In pleading to a preceding pleading aparty shall set forth affirmatively accord and satisfaction, arbitrationand award, assumption of risk, contributory negligence, discharge inbankruptcy, duress, estoppel, failure of consideration, fraud, illegality,injury by fellow servant, laches, license, payment, release, resjudicata, statute of frauds, statute of limitations, waiver, and anyother matter constituting an avoidance or affirmative defense. When a partyhas mistakenly designated a defense as a counterclaim or a counterclaim asa defense, the court on terms, if justice so requires, shall treat thepleading as if there had been a proper designation.
(d) Effect of failure to deny. Averments in a pleading to which aresponsive pleading is required or permitted, other than those as to theamount of damage, are admitted when not denied in the responsive pleading.Averments in a pleading to which no responsive pleading is required orpermitted shall be taken as denied or avoided.
(e) Pleading to be concise and direct; consistency. (1) Eachaverment of a pleading shall be simple, concise, and direct. No technicalforms of pleading or motions are required.
(2) A party may set forth two or more statements of a claim or defensealternately or hypothetically, either in one count or defense or inseparate counts or defenses. When two or more statements are made in thealternative and one of them if made independently would be sufficient, thepleading is not made insufficient by the insufficiency of one or more ofthe alternative statements. A party may also state as many separate claimsor defenses as the party has regardless of consistency and whether based on legalor on equitable grounds or on both. All statements shall be made subject tothe obligations set forth in K.S.A. 60-211, and amendments thereto.
(f) Construction of pleadings. All pleadings shall be so construedas to do substantial justice.
History: L. 1963, ch. 303, 60-208; L. 1976, ch. 252, § 1;L. 1990, ch. 203, § 1;L. 1997, ch. 173, § 4; July 1.
60-208.General rules of pleadings.(a) Claims for relief. A pleading which sets forth a claim forrelief, whether an original claim, counterclaim, cross-claim, orthird-party claim, shall contain: (1) A short and plain statement of theclaim showing that the pleader is entitled to relief; and (2) a demand forjudgment for the relief to which the pleader deemssuch pleader's self entitled.Every pleading demanding relief for damages in money in excess of$75,000,without demanding any specific amount of money,shall set forth only that the amount sought as damages is inexcess of $75,000,except in actions sounding in contract. Every pleadingdemanding relief for damages in money in an amount of $75,000or less shallspecify the amount of such damages sought to berecovered. Relief in thealternative or of several different types may be demanded.
(b) Defenses; form of denials. A party shall state in short andplain terms such party's defenses to each claim assertedand shall admit or deny theaverments upon which the adverse party relies. If the party is withoutknowledgeor information sufficient to form a belief as to the truth of an averment,the party shall so state and this has the effect of a denial. Denials shallfairlymeet the substance of the averments denied. When a pleader intends in goodfaith to deny only a part or a qualification of an averment, the pleader shallspecify so much of it as is true and material and shall deny only theremainder. Unless the pleader intends in good faith to controvert all theaverments of the preceding pleading, the pleader may make denials as specificdenials of designated averments or paragraphs, or the pleader may generally deny allthe averments except such designated averments or paragraphs as the pleaderexpressly admits; but, when the pleader does so intend to controvert allaverments, the pleader may do so by general denial, subject tothe obligations setforth in K.S.A. 60-211, and amendments thereto.
(c) Affirmative defenses. In pleading to a preceding pleading aparty shall set forth affirmatively accord and satisfaction, arbitrationand award, assumption of risk, contributory negligence, discharge inbankruptcy, duress, estoppel, failure of consideration, fraud, illegality,injury by fellow servant, laches, license, payment, release, resjudicata, statute of frauds, statute of limitations, waiver, and anyother matter constituting an avoidance or affirmative defense. When a partyhas mistakenly designated a defense as a counterclaim or a counterclaim asa defense, the court on terms, if justice so requires, shall treat thepleading as if there had been a proper designation.
(d) Effect of failure to deny. Averments in a pleading to which aresponsive pleading is required or permitted, other than those as to theamount of damage, are admitted when not denied in the responsive pleading.Averments in a pleading to which no responsive pleading is required orpermitted shall be taken as denied or avoided.
(e) Pleading to be concise and direct; consistency. (1) Eachaverment of a pleading shall be simple, concise, and direct. No technicalforms of pleading or motions are required.
(2) A party may set forth two or more statements of a claim or defensealternately or hypothetically, either in one count or defense or inseparate counts or defenses. When two or more statements are made in thealternative and one of them if made independently would be sufficient, thepleading is not made insufficient by the insufficiency of one or more ofthe alternative statements. A party may also state as many separate claimsor defenses as the party has regardless of consistency and whether based on legalor on equitable grounds or on both. All statements shall be made subject tothe obligations set forth in K.S.A. 60-211, and amendments thereto.
(f) Construction of pleadings. All pleadings shall be so construedas to do substantial justice.
History: L. 1963, ch. 303, 60-208; L. 1976, ch. 252, § 1;L. 1990, ch. 203, § 1;L. 1997, ch. 173, § 4; July 1.
