60-212.Defenses and objections.(a) When defenses and objections presented. A defendant shall serve suchdefendant's answer within 20 daysafter the service of the summons andpetition upon such defendant, except where service by publication is had thedefendant shall serve such defendant's answer within the timefixed in the notice whichshall not be less than 41 days from the time the notice isfirst published. A party served with a pleading stating a cross-claimagainst such party shall serve an answer thereto within 20 days after theservice upon such party. The plaintiff shall servesuch plaintiff's reply to a counterclaim inthe answer within 20 days after service of the answer or, if areply is ordered by the court, within 20 days after service of theorder, unless the order otherwise directs. The service of a motionpermitted under this section alters these periods of time as follows,unless a different time is fixed by order of the court: (1) If the courtdenies the motion or postpones its disposition until the trial on themerits, the responsive pleading shall be served within 10 days afternotice of the court's action; (2) if the court grants a motion for a moredefinite statement the responsive pleading shall be served within 10days after the service of the more definite statement.
(b) How presented. Every defense, in law or fact, to a claim forrelief in any pleading, whether a claim, counterclaim, cross-claim, orthird-party claim, shall be asserted in the responsive pleading thereto ifone is required, except that the following defenses may at the option ofthe pleader be made by motion: (1) Lack of jurisdiction over the subjectmatter, (2) lack of jurisdiction over the person, (3) improper venue, (4)insufficiency of process, (5) insufficiency of service of process, (6)failure to state a claim upon which relief can be granted, (7) failure tojoin a party under K.S.A. 60-219 and amendments thereto. A motionmaking any of these defensesshall be made before pleading if a further pleading is permitted. Nodefense or objection is waived by being joined with one or more otherdefenses or objections in a responsive pleading or motion. If a pleadingsets forth a claim for relief to which the adverse party is not required toserve a responsive pleading, he may assert at the trial any defense in lawor fact to that claim for relief. If, on a motion asserting the defenseprovided in subsection (6) to dismiss for failure of the pleading to state aclaim uponwhich relief can be granted, matters outside the pleading are presented toand not excluded by the court, the motion shall be treated as one forsummary judgment and disposed of as provided in K.S.A. 60-256 andamendments thereto, and allparties shall be given reasonable opportunity to present all material madepertinent to such a motion by K.S.A. 60-256 and amendments thereto.
(c) Motion for judgment on the pleadings. After the pleadings areclosed but within such time as not to delay the trial, any party may movefor judgment on the pleadings. If, on a motion for judgment on thepleadings, matters outside the pleadings are presented to and not excludedby the court, the motion shall be treated as one for summary judgment anddisposed of as provided in K.S.A. 60-256 and amendments thereto, andall parties shall be givenreasonable opportunity to present all material made pertinent to such amotion.
(d) Preliminary hearings. The defenses specifically enumerated insubsection (1) through (7) of subsection (b), whether made in a pleading or bymotion, and the motion for judgment mentioned in subsection (c) shall be heardand determined before trial on application of anyparty, unless the judge orders that the hearing and determination thereofbe deferred until the trial.
(e) Motion for more definite statement. If a pleading to which aresponsive pleading is permitted is so vague or ambiguous that a partycannot reasonably be required to frame a responsive pleading, suchparty may movefor a more definite statement before interposing such party'sresponsive pleadings.The motion shall point out the defects complained of and the detailsdesired. If the motion is granted and the order of the judge is not obeyedwithin 10 days after notice of the order or within such time as thecourt may fix, the judge may strike the pleading to which the motion wasdirected or make such order as the judge deems just.
(f) Motion to strike. Upon motion made by a party before respondingto a pleading or, if no responsive pleading is permitted by this article,upon motion made by a party within 20 days after the service ofthe pleading upon such party or upon the court's own initiativeat any time, thejudge may order stricken from any pleading any insufficient defense or anyredundant, immaterial, impertinent, or scandalous matter.
(g) Consolidation of defenses in motion. A party who makes a motionunder this section may join with it any other motions herein provided forand then available to him. If a party makes a motion under this section butomits therefrom any defense or objection then available to suchparty which thissection permits to be raised by motion, such party shall not thereafter make amotion based on the defense or objection so omitted, except a motion asprovided in subsection (h)(2) on any of thegrounds there stated.
(h) Waiver or preservation of certain defenses. (1) A defense oflack of jurisdiction over the person, improper venue, insufficiency ofprocess, or insufficiency of service of process is waived (A) if omittedfrom a motion in the circumstances described insubsection (g) or (B) ifit is neither made by motion under this section nor included in aresponsive pleading or an amendment thereof permitted by subsection (a)of K.S.A. 60-215 and amendments theretoto be made as a matter of course.
(2) A defense of failure to state a claim upon which relief can begranted, a defense of failure to join a party under K.S.A. 60-219 andamendments thereto, and anobjection of failure to state a legal defense to a claim may be made in anypleading permitted or ordered under subsection (a) of K.S.A. 60-207 andamendments thereto, or by motion forjudgment on the pleadings, or at the trial on the merits.
(3) Whenever it appears by suggestion of the parties or otherwise thatthe court lacks jurisdiction of the subject matter, the court shall dismissthe action.
(i) Answer for minor or incapacitated person. The guardian orconservator of a minor or incapacitated person, or attorney for a person inprison shall deny in the answer all the material allegations in thepetition prejudicial to such defendant.
History: L. 1963, ch. 303, 60-212; L. 1965, ch.354, § 1; amended by Supreme Court order dated July 17, 1969;L. 1990, ch. 202, § 24; Jan. 1, 1991.
60-212.Defenses and objections.(a) When defenses and objections presented. A defendant shall serve suchdefendant's answer within 20 daysafter the service of the summons andpetition upon such defendant, except where service by publication is had thedefendant shall serve such defendant's answer within the timefixed in the notice whichshall not be less than 41 days from the time the notice isfirst published. A party served with a pleading stating a cross-claimagainst such party shall serve an answer thereto within 20 days after theservice upon such party. The plaintiff shall servesuch plaintiff's reply to a counterclaim inthe answer within 20 days after service of the answer or, if areply is ordered by the court, within 20 days after service of theorder, unless the order otherwise directs. The service of a motionpermitted under this section alters these periods of time as follows,unless a different time is fixed by order of the court: (1) If the courtdenies the motion or postpones its disposition until the trial on themerits, the responsive pleading shall be served within 10 days afternotice of the court's action; (2) if the court grants a motion for a moredefinite statement the responsive pleading shall be served within 10days after the service of the more definite statement.
(b) How presented. Every defense, in law or fact, to a claim forrelief in any pleading, whether a claim, counterclaim, cross-claim, orthird-party claim, shall be asserted in the responsive pleading thereto ifone is required, except that the following defenses may at the option ofthe pleader be made by motion: (1) Lack of jurisdiction over the subjectmatter, (2) lack of jurisdiction over the person, (3) improper venue, (4)insufficiency of process, (5) insufficiency of service of process, (6)failure to state a claim upon which relief can be granted, (7) failure tojoin a party under K.S.A. 60-219 and amendments thereto. A motionmaking any of these defensesshall be made before pleading if a further pleading is permitted. Nodefense or objection is waived by being joined with one or more otherdefenses or objections in a responsive pleading or motion. If a pleadingsets forth a claim for relief to which the adverse party is not required toserve a responsive pleading, he may assert at the trial any defense in lawor fact to that claim for relief. If, on a motion asserting the defenseprovided in subsection (6) to dismiss for failure of the pleading to state aclaim uponwhich relief can be granted, matters outside the pleading are presented toand not excluded by the court, the motion shall be treated as one forsummary judgment and disposed of as provided in K.S.A. 60-256 andamendments thereto, and allparties shall be given reasonable opportunity to present all material madepertinent to such a motion by K.S.A. 60-256 and amendments thereto.
(c) Motion for judgment on the pleadings. After the pleadings areclosed but within such time as not to delay the trial, any party may movefor judgment on the pleadings. If, on a motion for judgment on thepleadings, matters outside the pleadings are presented to and not excludedby the court, the motion shall be treated as one for summary judgment anddisposed of as provided in K.S.A. 60-256 and amendments thereto, andall parties shall be givenreasonable opportunity to present all material made pertinent to such amotion.
(d) Preliminary hearings. The defenses specifically enumerated insubsection (1) through (7) of subsection (b), whether made in a pleading or bymotion, and the motion for judgment mentioned in subsection (c) shall be heardand determined before trial on application of anyparty, unless the judge orders that the hearing and determination thereofbe deferred until the trial.
(e) Motion for more definite statement. If a pleading to which aresponsive pleading is permitted is so vague or ambiguous that a partycannot reasonably be required to frame a responsive pleading, suchparty may movefor a more definite statement before interposing such party'sresponsive pleadings.The motion shall point out the defects complained of and the detailsdesired. If the motion is granted and the order of the judge is not obeyedwithin 10 days after notice of the order or within such time as thecourt may fix, the judge may strike the pleading to which the motion wasdirected or make such order as the judge deems just.
(f) Motion to strike. Upon motion made by a party before respondingto a pleading or, if no responsive pleading is permitted by this article,upon motion made by a party within 20 days after the service ofthe pleading upon such party or upon the court's own initiativeat any time, thejudge may order stricken from any pleading any insufficient defense or anyredundant, immaterial, impertinent, or scandalous matter.
(g) Consolidation of defenses in motion. A party who makes a motionunder this section may join with it any other motions herein provided forand then available to him. If a party makes a motion under this section butomits therefrom any defense or objection then available to suchparty which thissection permits to be raised by motion, such party shall not thereafter make amotion based on the defense or objection so omitted, except a motion asprovided in subsection (h)(2) on any of thegrounds there stated.
(h) Waiver or preservation of certain defenses. (1) A defense oflack of jurisdiction over the person, improper venue, insufficiency ofprocess, or insufficiency of service of process is waived (A) if omittedfrom a motion in the circumstances described insubsection (g) or (B) ifit is neither made by motion under this section nor included in aresponsive pleading or an amendment thereof permitted by subsection (a)of K.S.A. 60-215 and amendments theretoto be made as a matter of course.
(2) A defense of failure to state a claim upon which relief can begranted, a defense of failure to join a party under K.S.A. 60-219 andamendments thereto, and anobjection of failure to state a legal defense to a claim may be made in anypleading permitted or ordered under subsection (a) of K.S.A. 60-207 andamendments thereto, or by motion forjudgment on the pleadings, or at the trial on the merits.
(3) Whenever it appears by suggestion of the parties or otherwise thatthe court lacks jurisdiction of the subject matter, the court shall dismissthe action.
(i) Answer for minor or incapacitated person. The guardian orconservator of a minor or incapacitated person, or attorney for a person inprison shall deny in the answer all the material allegations in thepetition prejudicial to such defendant.
History: L. 1963, ch. 303, 60-212; L. 1965, ch.354, § 1; amended by Supreme Court order dated July 17, 1969;L. 1990, ch. 202, § 24; Jan. 1, 1991.
60-212.Defenses and objections.(a) When defenses and objections presented. A defendant shall serve suchdefendant's answer within 20 daysafter the service of the summons andpetition upon such defendant, except where service by publication is had thedefendant shall serve such defendant's answer within the timefixed in the notice whichshall not be less than 41 days from the time the notice isfirst published. A party served with a pleading stating a cross-claimagainst such party shall serve an answer thereto within 20 days after theservice upon such party. The plaintiff shall servesuch plaintiff's reply to a counterclaim inthe answer within 20 days after service of the answer or, if areply is ordered by the court, within 20 days after service of theorder, unless the order otherwise directs. The service of a motionpermitted under this section alters these periods of time as follows,unless a different time is fixed by order of the court: (1) If the courtdenies the motion or postpones its disposition until the trial on themerits, the responsive pleading shall be served within 10 days afternotice of the court's action; (2) if the court grants a motion for a moredefinite statement the responsive pleading shall be served within 10days after the service of the more definite statement.
(b) How presented. Every defense, in law or fact, to a claim forrelief in any pleading, whether a claim, counterclaim, cross-claim, orthird-party claim, shall be asserted in the responsive pleading thereto ifone is required, except that the following defenses may at the option ofthe pleader be made by motion: (1) Lack of jurisdiction over the subjectmatter, (2) lack of jurisdiction over the person, (3) improper venue, (4)insufficiency of process, (5) insufficiency of service of process, (6)failure to state a claim upon which relief can be granted, (7) failure tojoin a party under K.S.A. 60-219 and amendments thereto. A motionmaking any of these defensesshall be made before pleading if a further pleading is permitted. Nodefense or objection is waived by being joined with one or more otherdefenses or objections in a responsive pleading or motion. If a pleadingsets forth a claim for relief to which the adverse party is not required toserve a responsive pleading, he may assert at the trial any defense in lawor fact to that claim for relief. If, on a motion asserting the defenseprovided in subsection (6) to dismiss for failure of the pleading to state aclaim uponwhich relief can be granted, matters outside the pleading are presented toand not excluded by the court, the motion shall be treated as one forsummary judgment and disposed of as provided in K.S.A. 60-256 andamendments thereto, and allparties shall be given reasonable opportunity to present all material madepertinent to such a motion by K.S.A. 60-256 and amendments thereto.
(c) Motion for judgment on the pleadings. After the pleadings areclosed but within such time as not to delay the trial, any party may movefor judgment on the pleadings. If, on a motion for judgment on thepleadings, matters outside the pleadings are presented to and not excludedby the court, the motion shall be treated as one for summary judgment anddisposed of as provided in K.S.A. 60-256 and amendments thereto, andall parties shall be givenreasonable opportunity to present all material made pertinent to such amotion.
(d) Preliminary hearings. The defenses specifically enumerated insubsection (1) through (7) of subsection (b), whether made in a pleading or bymotion, and the motion for judgment mentioned in subsection (c) shall be heardand determined before trial on application of anyparty, unless the judge orders that the hearing and determination thereofbe deferred until the trial.
(e) Motion for more definite statement. If a pleading to which aresponsive pleading is permitted is so vague or ambiguous that a partycannot reasonably be required to frame a responsive pleading, suchparty may movefor a more definite statement before interposing such party'sresponsive pleadings.The motion shall point out the defects complained of and the detailsdesired. If the motion is granted and the order of the judge is not obeyedwithin 10 days after notice of the order or within such time as thecourt may fix, the judge may strike the pleading to which the motion wasdirected or make such order as the judge deems just.
(f) Motion to strike. Upon motion made by a party before respondingto a pleading or, if no responsive pleading is permitted by this article,upon motion made by a party within 20 days after the service ofthe pleading upon such party or upon the court's own initiativeat any time, thejudge may order stricken from any pleading any insufficient defense or anyredundant, immaterial, impertinent, or scandalous matter.
(g) Consolidation of defenses in motion. A party who makes a motionunder this section may join with it any other motions herein provided forand then available to him. If a party makes a motion under this section butomits therefrom any defense or objection then available to suchparty which thissection permits to be raised by motion, such party shall not thereafter make amotion based on the defense or objection so omitted, except a motion asprovided in subsection (h)(2) on any of thegrounds there stated.
(h) Waiver or preservation of certain defenses. (1) A defense oflack of jurisdiction over the person, improper venue, insufficiency ofprocess, or insufficiency of service of process is waived (A) if omittedfrom a motion in the circumstances described insubsection (g) or (B) ifit is neither made by motion under this section nor included in aresponsive pleading or an amendment thereof permitted by subsection (a)of K.S.A. 60-215 and amendments theretoto be made as a matter of course.
(2) A defense of failure to state a claim upon which relief can begranted, a defense of failure to join a party under K.S.A. 60-219 andamendments thereto, and anobjection of failure to state a legal defense to a claim may be made in anypleading permitted or ordered under subsection (a) of K.S.A. 60-207 andamendments thereto, or by motion forjudgment on the pleadings, or at the trial on the merits.
(3) Whenever it appears by suggestion of the parties or otherwise thatthe court lacks jurisdiction of the subject matter, the court shall dismissthe action.
(i) Answer for minor or incapacitated person. The guardian orconservator of a minor or incapacitated person, or attorney for a person inprison shall deny in the answer all the material allegations in thepetition prejudicial to such defendant.
History: L. 1963, ch. 303, 60-212; L. 1965, ch.354, § 1; amended by Supreme Court order dated July 17, 1969;L. 1990, ch. 202, § 24; Jan. 1, 1991.
