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60-3703

Chapter 60.--PROCEDURE, CIVIL Article 37.--PUNITIVE AND EXEMPLARY DAMAGES

60-3703. Filing an amended pleading to claim punitive damages.No tort claim or reference to a tort claim for punitive damages shall beincluded in apetition or other pleading unless the court enters an order allowing anamended pleading that includes a claim for punitive damages to be filed.The court may allow the filing of an amended pleading claiming punitivedamages on a motion by the party seeking the amended pleading and on thebasis of the supporting and opposing affidavits presented that theplaintiff has established that there is a probability that theplaintiff will prevail on the claim pursuant to K.S.A. 60-209, andamendments thereto. The court shall not grant a motion allowing the filingof an amended pleading that includes a claim for punitive damages if themotion for such an order is not filed on or before the date of the finalpretrialconference held in the matter.

History: L. 1988, ch. 209, § 4;L. 1992, ch. 307, § 4;L. 1997, ch. 173, § 33; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter60 > Article37 > Statutes_24448

60-3703

Chapter 60.--PROCEDURE, CIVIL Article 37.--PUNITIVE AND EXEMPLARY DAMAGES

60-3703. Filing an amended pleading to claim punitive damages.No tort claim or reference to a tort claim for punitive damages shall beincluded in apetition or other pleading unless the court enters an order allowing anamended pleading that includes a claim for punitive damages to be filed.The court may allow the filing of an amended pleading claiming punitivedamages on a motion by the party seeking the amended pleading and on thebasis of the supporting and opposing affidavits presented that theplaintiff has established that there is a probability that theplaintiff will prevail on the claim pursuant to K.S.A. 60-209, andamendments thereto. The court shall not grant a motion allowing the filingof an amended pleading that includes a claim for punitive damages if themotion for such an order is not filed on or before the date of the finalpretrialconference held in the matter.

History: L. 1988, ch. 209, § 4;L. 1992, ch. 307, § 4;L. 1997, ch. 173, § 33; July 1.

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State Codes and Statutes

Statutes > Kansas > Chapter60 > Article37 > Statutes_24448

60-3703

Chapter 60.--PROCEDURE, CIVIL Article 37.--PUNITIVE AND EXEMPLARY DAMAGES

60-3703. Filing an amended pleading to claim punitive damages.No tort claim or reference to a tort claim for punitive damages shall beincluded in apetition or other pleading unless the court enters an order allowing anamended pleading that includes a claim for punitive damages to be filed.The court may allow the filing of an amended pleading claiming punitivedamages on a motion by the party seeking the amended pleading and on thebasis of the supporting and opposing affidavits presented that theplaintiff has established that there is a probability that theplaintiff will prevail on the claim pursuant to K.S.A. 60-209, andamendments thereto. The court shall not grant a motion allowing the filingof an amended pleading that includes a claim for punitive damages if themotion for such an order is not filed on or before the date of the finalpretrialconference held in the matter.

History: L. 1988, ch. 209, § 4;L. 1992, ch. 307, § 4;L. 1997, ch. 173, § 33; July 1.