60-207. Pleadings allowed, forms of motions and petitions.
60-207
60-207. Pleadings allowed, forms of motions and petitions.(a) Pleadings. There shall be a petition and an answer; a reply to acounterclaim denominated as such; an answer to a cross-claim, if the answercontains a cross-claim; a third-party petition, if a person who was notan original party is summoned under the provision of K.S.A. 60-214; anda third-party answer, if a third-party petition is served. No other pleadingshall be allowed, except that the court may order a reply to an answer ora third-party answer. Any petition filed in the district court pursuantto chapter 60 of the Kansas Statutes Annotated shall designate, immediatelybelow the names of the parties in the caption, that such petition is filedpursuant to chapter 60 of the Kansas Statutes Annotated. Any such designationshall be sufficient if labeled "Petition Pursuant to K.S.A. Chapter 60"immediately below the caption.
(b) Motions and other papers. (1) An application to the court orjudge for an order shall be by motion which, unless made during a hearingor trial, shall be made in writing, shall state with particularity thegrounds therefor, and shall set forth the relief or order sought. Therequirement of writing is fulfilled if the motion is stated in a writtennotice of the hearing of the motion. (2) The sections of this articleapplicable to captions, signing, and other matters of form of pleadingsapply to all motions and other papers provided for by this article.
(c) Demurrers, pleas, etc., abolished. Demurrers, pleas, andexceptions for insufficiency of a pleading shall not be used.
(d) Lost pleadings. If an original pleading is lost, destroyed, orwithheld by any person, the court or judge may allow a copy thereof to besubstituted.
History: L. 1963, ch. 303, 60-207; L. 1976, ch. 251, § 2; Jan. 10, 1977.