61-2904. Appearance; answer; counter-claim; affirmative defenses. - Kansas Statutes

61-2904

Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS Article 29.--PLEADINGS

      61-2904.   Appearance; answer; counter-claim;affirmative defenses.(a) A defendant shall either appear, in person or bycounsel, at the time and date set forth inthe summons or file on or before such date a written answer. If the defendantappears anddisputes the petition, the defendant shall file an answer not later than 10days after theappearance date. The defendant shall promptly send a copy of the answer afterfiling to theplaintiff's attorney or the plaintiff, if no attorney. If the defendant is notrepresented by anattorney, the answer shall be signed by the defendant.

      (b)   The answer when filed shall state the following:

      (1)   What the dispute is;

      (2)   any affirmative defenses the defendant has to the claim; and

      (3)   the current address, phone number, fax phone number and electronic mailaddressfor thedefendant.

      (c)   If the defendant asserts a counterclaim against the plaintiff in theanswer, the plaintiff mayfile a reply disputing the defendant's counterclaim not later than 10 daysafter service of thedefendant's answer. The plaintiff's reply shall comply with the requirementsset forth insubsection (b). If the plaintiff does not file a reply, theplaintiff waives the rightto present any dispute to the defendant's counterclaim.

      (d)   Affirmative defenses are those listed in subsection (c) of K.S.A.60-208, and amendments thereto.

      (e)   The date the defendant is required to appear as set forth in the summonsmay be continuedby the court upon request of either party in such manner as the court shallprescribe.

      History:   L. 2000, ch. 161, § 10; Jan. 1, 2001.