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KS Bar: Civil Procedure

KS Bar · Work through your exam, one topic at a time.

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Civil Procedure

What Kansas civil procedure tests

Kansas pleading and practice under the Kansas Rules of Civil Procedure, with attention to commencement, service, jurisdiction, venue, motions, discovery, summary judgment, and post-judgment relief.

Core rules

  • An action is commenced by filing a petition. Under K.S.A. 60-203(a), if service is obtained within 90 days after filing, the action commences on the filing date; otherwise it commences on the date service is obtained. This matters for limitations.
  • Pleadings are petition, answer, and reply when ordered; K.S.A. 60-212 governs motions and defenses. A responsive pleading is generally due 21 days after service of process, but check the rule for waivers and extensions.
  • Personal jurisdiction requires statutory long-arm authorization, K.S.A. 60-308(b), plus due process minimum contacts. Venue lies generally where defendant resides or where the cause of action arose.
  • Discovery uses K.S.A. 60-226 through 60-237; summary judgment under K.S.A. 60-256 requires no genuine dispute of material fact and judgment as a matter of law.
  • K.S.A. 60-260(b) supplies relief from judgment for mistake, newly discovered evidence, fraud, void judgment, and other reasons.

Worked example

P files a petition on January 2. P serves D on March 20, within 90 days. For limitations, the action commenced January 2. If P served on April 15, beyond 90 days, commencement is April 15, so a limitations defense may succeed even though filing was earlier.

Traps

Calling the first pleading a complaint; ignoring the 90-day service rule; assuming filing alone tolls limitations; confusing venue with jurisdiction; and using the federal rule number without Kansas's statute number.