The provisions of article 2 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto are known as Kansas rules of civil procedure. The rules govern the procedure in the district courts of Kansas, other than actions under the code of civil procedure for limited actions. They also govern the procedure in all original proceedings in the supreme court. The rules govern civil actions. The rules are promulgated for the smooth and efficient functioning of state courts. In Kansas, generally, a civil action commences with the filing of a petition with the court clerk or service of process or first publication. Once a petition is filed, the court clerk will issue the required summons to each of the defendants. A civil action can be classified into various stages that include: pleading stage, discovery stage, trial stage, and judgment stage.
Different types of pleadings in Kansas courts are: Petition, Answer to Petition, Counter claim, Reply to counterclaim, Cross claim, Reply to cross claim, Third party petition and Third party answer. A petition should be filed by the real party in interest. If the real party in interest is a minor or incapacitated person, the person’s representative should file the complaint. If a minor or incompetent person does not have a representative, s/he may file the action through a next friend. The courts, if found necessary will appoint a guardian ad litem to represent the minor or incompetent person.
Discovery is obtained by parties through:
- oral examination or written questions;
- written interrogatories;
- requests for admission;
- request for production of documents or other information;
- request for permission to enter into land or other property for inspection or other purpose; and/or
- physical and mental examinations.
After commencement of the action, a party may demand for trial by jury. A judgment is passed after trial and it determines the right of the parties in action. The judgment may include a decree or an order upon which an appeal is permissible. Generally, cost of litigation is adjudged to the prevailing party.
