Basic Pleading Format (Page 2 of 3) in pdf

reference whether the court is “sitting at Erie” or “sitting at Chanute.” K.S.A. 20-3109. Although there are no

corresponding statutes, it should be noted that three other counties also have courts sitting in more than one city.

Labette County District Court sits at Parsons and Oswego, Crawford County has court in both Pittsburg and

Girard, and Cowley County District Court sits at Winfield and Arkansas City.

A petition is required to state that it is a proceeding pursuant to K.S.A. Chapter 60. The pleadings

allowed are: a petition and an answer; a reply to a counterclaim; an answer to a cross-claim, if the answer contains

a cross-claim; a third-party petition; and a third-party answer. In addition, a court may order a reply to an answer

or a third-party answer. K.S.A. 60-207(a). A motion is not technically a pleading, although the word “pleading”

is often used to refer to all documents filed with the court.

Pleadings should be written in short and plain terms. K.S.A. 60-208(a)(1). Each assertion of a pleading

should be simple, concise and direct. There are no technical forms of pleadings or motions required. K.S.A. 60-

208(e). Assertions of claim or defense should be made in numbered paragraphs, limiting the contents of each, as

far as possible, to a statement of a single set of circumstances. A paragraph can be referred to by number in all

succeeding paragraphs. Each claim based on a separate transaction or occurrence and each defense other than

denials should be stated as separate counts or defenses. K.S.A. 60-210(b). Statements in a pleading may be

adopted by reference in a different part of the same pleading or in another pleading or motion. A copy of any

written instrument that is an exhibit to a pleading is a part of that pleading for all purposes. K.S.A. 60-210(c).

K.S.A. 60-211(a) provides in part:

“Every pleading, motion and other paper provided for by this article of a party

represented by an attorney shall be signed by at least one attorney of record in

the attorney’s individual name, and the attorney’s address and telephone

number shall be stated. A pleading, motion or other paper provided for by this

article of a party who is not represented by an attorney shall be signed by the

party and shall state the party’s address.”

The signature on a pleading, motion, or other paper constitutes a certificate that the person has read the

document, that to the best of that person’s knowledge, information and belief formed after inquiry reasonable

under the circumstances:

“(1) It is not being presented for any improper purpose, such as to harass or to cause unnecessary

delay or needless increase in the cost of litigation;

(2) the claims, defenses and other legal contentions therein are warranted by existing law or by

a nonfrivolous argument for the extension, modification or reversal of existing law or the

establishment of new law;

(3) the allegations and other factual contentions have evidentiary support or, if specifically so

identified, are likely to have evidentiary support after a reasonable opportunity for further

investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so

identified, are reasonably based on a lack of information or belief.” K.S.A. 60-211(b).

If a pleading is signed in violation of these requirements, the person who signed it and/or the represented

party, is subject to appropriate sanction, which may include the reasonable expenses and attorney fees incurred

by other parties because of the filing of the untrue or frivolous pleading. Sanctions may be imposed by the court

upon motion or on the court’s own initiative. K.S.A. 60-211(c).

It is not required to include a fax number or email address, but it is good practice to include all methods

by which you can be reached.

Comment

A reply to an answer is not one of the pleadings allowed except when ordered by the court. Tabor v.

Basic Pleading Format Page 2

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