The Kansas motion to dismiss: a statute, six grounds, and twenty-one days

Kansas runs civil procedure by statute. The Rule 12 analogue is K.S.A. 60-212, and it follows the restyled federal wording with one difference: the enumerated list runs to six.

The deadlines

The six grounds

K.S.A. 60-212(b):

But a party may assert the following defenses by motion: (1) Lack of subject-matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be grante

Positions (1) through (6) match the federal rule exactly, including venue at (3). What Kansas does not carry at (7) is the federal failure-to-join ground, which sits elsewhere in the code.

Where this connects

Kansas routes relief from a default judgment through two statutes rather than one: K.S.A. 60-255(b) names both 60-260(b) and 60-309. If the general grounds do not fit, look up the second. See setting aside a Kansas default judgment.

Its discovery statute tilts the fee award toward the movant — mandatory when granted, discretionary when denied. See the Kansas motion to compel.

For the answer itself, see responding to a Kansas complaint. For the dispositive stage, see Kansas summary judgment.

How Kansas compares

A short checklist

1. Diarise 21 days from service.
2. Move before you plead if a further pleading is permitted.
3. Put every available ground in one motion. Joining waives nothing.
4. Include venue — Kansas keeps it at position (3).
5. Plan for 14 days to answer if the motion is denied.
6. Watch for conversion if you attach material outside the pleadings.

Where these rules live

• K.S.A. 60-208 — General rules of pleading
• K.S.A. 60-212 — Defenses and objections
• K.S.A. 60-256 — Summary judgment

This page explains what the statutes say. It isn't legal advice, and the standard for dismissal under 60-212(b)(6) is developed in case law this site doesn't cover.