Pleadings

Question 1

What are the types of pleadings in Kansas?

Answer 1

Petition
Answer
Answer to counter claim
Answer to cross claim
3P Petition
3P Answer
Reply to Answer

Question 2

What is the difference between a Petition and Complaint?

Answer 2

A petition is used in Kansas; it’s called a Complaint in Federal Court

Question 3

When can a plaintiff reply to an answer?

Answer 3

Only if the court orders it

Question 4

What must a petition include?

Answer 4

A short and plain statement of the claim showing that the pleader is entitled to relief AND a demand for judgment

Question 5

What are the rules regarding a demand for judgment amount?

Answer 5

If requesting under or exactly $75,000 - specify the amount

If requesting more than $75,000 - simply say so without specifying UNLESS it is a contracts case

Question 6

Why do we cut off the amount at more than $75,000?

Answer 6

The defendant needs to know whether she can remove to federal court based on diversity

Question 7

How are punitive damages plead for?

Answer 7

File the original petition without the request for punitive damages and after, request leave of the court to file an amended petition.

Question 8

What is a certification?

Answer 8

Attorney includes it in the pleading or motion. It certifies that the attorney has a belief, formed after reasonable inquiry that the pleading is

1. Not for improper purpose (ex. harassment or delay)
2. Legal contentions are warranted by existing law or nonfrivolous argument to extend or modify law
3. The factual contentions have, or are likely to have, evidentiary support
4. Denials of factual contentions are warranted (in an answer)

Question 9

Possible sanctions for violating this?

Answer 9

Reasonable attorneys fees and other expenses occurred.

Question 10

How do sanctions happen procedurally?

Answer 10

Court may sua sponte ask a party to show cause why it should not be sanctioned
A party may move for sanctions

Question 11

Safe Harbor?

Answer 11

In federal court, there is a safe harbor (must serve on opponent 21 days before filing a motion with court to give the opponent a chance to withdraw)
In KS there is NO SAFE HARBOR. Party may serve and ifle a motion for sanctions any time during the case BUT not more than 14 days after the entry of judgment

Question 12

A court must find sanctions if they find a violation. T or F?

Answer 12

False. They MAY (used to be “shall”)

Question 13

Who can the court sanction?

Answer 13

Attorney, party, or firms.

Question 14

If the violation is for a legal contention, who may be sanctioned?

Answer 14

In KS: everyone - attorney, party or firms

Federal Court: party can’t be sanctioned

Question 15

Timing to file an Answer in KS State Court?

Answer 15

Within 21 days of service (same as Fed’l)

Question 16

Compulsory Counterclaims SOL special rules in KS?

Answer 16

Even if compulsory counter claim would be time-barred on its own as an original claim, in can still be asserted as a counterclaim

Question 17

What damages will you get for a compulsory counter claim in KS?

Answer 17

Only a set-off against the π’s award (cannot get affirmative relief)

Question 18

When can you NOT get a set-off?

Answer 18

If it was already time-barred before π’s claim even arose

Question 19

A KS ∆ may assert a cross-claim against another ∆ if…

Answer 19

the claim arises out of the same transaction or occurrence as the original claim or counter-claim

Question 20

Are cross claims permissive or compulsory?

Answer 20

Permissive only EXCEPT the Kansas special rule about comparative negligence

Question 21

What is the KS special rule about comparative negligence and cross-claims?

Answer 21

∆ must assert cross-claim against another ∆ or lose the chance to pursue. So in a comparative negligence case, the cross-claim is compulsory.

Question 22

Pre-Answer Motions to Dismiss

Answer 22

Same as federal court

Question 23

Timing of pre-answer motion?

Answer 23

Must be within 21 days of service

Question 24

If pre-answer motion is denied, when must the answer be served?

Answer 24

Within 14 days of denial

Question 25

Amendment of pleadings in KS?

Answer 25

Same as fed’l court - 21 days rule