60-255.Default.(a) Entry. Upon request and proper showing by the party entitledthereto, the judge shall render judgment against a party in default for theremedy to which the party is entitled. But no judgment by default shall beentered against a minor or incapacitated person unless represented in theaction by a guardian, conservator or other legally authorizedrepresentative who has appeared in the action, or by a guardian adlitem appointed by the court. If the party against whom judgment bydefault is sought has appeared in the action, he or she (or, if appearing byrepresentative, his or her representative) shall be served with written noticeof the application for judgment at least three (3) days prior to the hearingon such application. If, in order to enable the court to enter judgment orto carry it into effect, it is necessary to take an account or to determinethe amount of damages or to establish the truth of any averment by evidenceor to make an investigation of any other matter, the court may conduct suchhearings or order such references as it deems necessary and proper andshall accord a right of trial by jury to the parties when and as requiredby any statute of the state.
(b) Setting aside default. For good cause shown the court may setaside a judgment entered by default in accordance with K.S.A. 60-260 (b).
(c) Plaintiffs, counterclaimants, cross-claimants. The provisionsof this section apply whether the party entitled to the judgment by defaultis a plaintiff, a third-party plaintiff, or a party who has pleaded across-claim or counterclaim. In all cases a judgment by default is subjectto the limitations of K.S.A. 60-254 (c).
(d) Judgment against the state. No judgment by default shall beentered against the state or an officer or agency thereof unless theclaimant establishes his or her claim or right to relief by evidencesatisfactory to the court.
History: L. 1963, ch. 303, 60-255; L. 1965, ch.354, § 4; Jan. 1, 1966.
60-255.Default.(a) Entry. Upon request and proper showing by the party entitledthereto, the judge shall render judgment against a party in default for theremedy to which the party is entitled. But no judgment by default shall beentered against a minor or incapacitated person unless represented in theaction by a guardian, conservator or other legally authorizedrepresentative who has appeared in the action, or by a guardian adlitem appointed by the court. If the party against whom judgment bydefault is sought has appeared in the action, he or she (or, if appearing byrepresentative, his or her representative) shall be served with written noticeof the application for judgment at least three (3) days prior to the hearingon such application. If, in order to enable the court to enter judgment orto carry it into effect, it is necessary to take an account or to determinethe amount of damages or to establish the truth of any averment by evidenceor to make an investigation of any other matter, the court may conduct suchhearings or order such references as it deems necessary and proper andshall accord a right of trial by jury to the parties when and as requiredby any statute of the state.
(b) Setting aside default. For good cause shown the court may setaside a judgment entered by default in accordance with K.S.A. 60-260 (b).
(c) Plaintiffs, counterclaimants, cross-claimants. The provisionsof this section apply whether the party entitled to the judgment by defaultis a plaintiff, a third-party plaintiff, or a party who has pleaded across-claim or counterclaim. In all cases a judgment by default is subjectto the limitations of K.S.A. 60-254 (c).
(d) Judgment against the state. No judgment by default shall beentered against the state or an officer or agency thereof unless theclaimant establishes his or her claim or right to relief by evidencesatisfactory to the court.
History: L. 1963, ch. 303, 60-255; L. 1965, ch.354, § 4; Jan. 1, 1966.
60-255.Default.(a) Entry. Upon request and proper showing by the party entitledthereto, the judge shall render judgment against a party in default for theremedy to which the party is entitled. But no judgment by default shall beentered against a minor or incapacitated person unless represented in theaction by a guardian, conservator or other legally authorizedrepresentative who has appeared in the action, or by a guardian adlitem appointed by the court. If the party against whom judgment bydefault is sought has appeared in the action, he or she (or, if appearing byrepresentative, his or her representative) shall be served with written noticeof the application for judgment at least three (3) days prior to the hearingon such application. If, in order to enable the court to enter judgment orto carry it into effect, it is necessary to take an account or to determinethe amount of damages or to establish the truth of any averment by evidenceor to make an investigation of any other matter, the court may conduct suchhearings or order such references as it deems necessary and proper andshall accord a right of trial by jury to the parties when and as requiredby any statute of the state.
(b) Setting aside default. For good cause shown the court may setaside a judgment entered by default in accordance with K.S.A. 60-260 (b).
(c) Plaintiffs, counterclaimants, cross-claimants. The provisionsof this section apply whether the party entitled to the judgment by defaultis a plaintiff, a third-party plaintiff, or a party who has pleaded across-claim or counterclaim. In all cases a judgment by default is subjectto the limitations of K.S.A. 60-254 (c).
(d) Judgment against the state. No judgment by default shall beentered against the state or an officer or agency thereof unless theclaimant establishes his or her claim or right to relief by evidencesatisfactory to the court.
History: L. 1963, ch. 303, 60-255; L. 1965, ch.354, § 4; Jan. 1, 1966.
