Responding to a Kansas petition: 21 days, and no clerk's default at all

Kansas puts its civil procedure in statutes — chapter 60 of the Kansas Statutes Annotated — and calls the opening pleading a petition. The numbering deliberately echoes the federal rules: K.S.A. 60-212 is Rule 12, 60-255 is Rule 55.

Two features stand out. Service by publication carries a long minimum period. And Kansas has abolished the clerk's default entirely.

The deadline

K.S.A. 60-212(a)(1):

Unless otherwise provided by law, the time for serving a responsive pleading is as follows: (A) A defendant must serve an answer: (i) Within 21 days after being served with the summons and petition; or (ii) within the time fixed in the notice when service is by publication, which must not be less than 41 days from the time the notice is first published; (B) a party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim; and (C) a party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time.

Two periods.

Twenty-one days on ordinary service, with the obligation to serve.

At least 41 days where service was by publication. The exact deadline is the date fixed in the published notice, and the statute sets a floor beneath it. Forty-one days is generous by national standards, and it reflects the obvious problem with publication: nobody reads the legal notices.

If you were served by publication, read the notice for the date rather than counting 21 days from when you heard about the case.

After a motion, subsection (a)(2):

Unless the court sets a different time, serving a motion under this section alters these periods as follows: (A) If the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court's action; or (B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served.

Default: a judge renders it

K.S.A. 60-255(a):

When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, the party is in default. On request and a showing that a party is entitled to a default judgment, the court must render judgment against the party in default for the remedy to which the requesting party is entitled. But a default judgment may be entered against a minor or incapacitated person only if represented by a guardian, conservator or other legally authorized representative who has appeared in the action, or by a guardian ad litem appointed by the court. If the party against whom a default judgment is sought has appeared personally, or by a representative, that party or its representative must be served with written notice of the request for judgment at least seven days before the hearing.

Three consequences worth separating.

Default is a status, not an event. The statute says a party who fails to plead or defend "is in default." There is no clerical entry to be made and no separate order to attack — you are in default by operation of the statute the moment the deadline passes.

But the judgment requires a showing. The court renders judgment "on request and a showing that a party is entitled to a default judgment." That is more than the federal clerk's arithmetic on a sum certain; Kansas requires the requesting party to demonstrate entitlement to a judge.

And seven days' notice if you appeared — matching the federal period, and keyed to appearance personally or by a representative.

The absence of a clerical route means every Kansas default judgment passes before a judge, and there is always a hearing at which a defendant who has appeared can be heard.

Answering, or moving

K.S.A. 60-212(b) lists the defenses that may be raised by motion — lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, failure to state a claim, and failure to join a party. Serving one suspends the answer obligation rather than running alongside it.

Consolidation and waiver follow the familiar model. A defense that was available when you made your first motion, and that you left out of it, is generally foreclosed.

Fixing a missed deadline

K.S.A. 60-255(b) routes relief through the general judgment statute:

Setting aside a default judgment. The court may set aside a final default judgment under K.S.A. 60-260 (b) and 60-309, and amendments thereto.

Because there is no entry of default to undo, the two-tier structure familiar from other states does not apply here in the same way — but neither is there a separate order standing in your path. The question is simply whether the judgment can be set aside under 60-260(b).

Two things to bring: an explanation for the missed deadline, and a defense that would matter if the judgment were set aside.

How Kansas compares

A short checklist

1. Check how you were served. Ordinary service is 21 days; publication is the date fixed in the notice, never less than 41 days from first publication.
2. Calendar from the summons and petition, and note the obligation is to serve.
3. A motion under 60-212 suspends the answer deadline, and a denial leaves you 14 days from notice.
4. Raise your 60-212(b) defenses together. An available defense omitted from the first motion is generally foreclosed.
5. Understand that you are "in default" automatically. There is no entry to wait for, and none to attack.
6. Appear. Seven days' written notice of the request for judgment depends on it.
7. Make the plaintiff make its showing. The court renders judgment on request and a showing of entitlement — not on the request alone.
8. If judgment has been entered, move under K.S.A. 60-260(b) and do it promptly.

Where these rules live

• K.S.A. 60-204 — Process, generally
• K.S.A. 60-205 — Service and filing of pleadings and other papers
• K.S.A. 60-206 — Time, computation and extension
• K.S.A. 60-208 — General rules of pleadings
• K.S.A. 60-212 — Defenses and objections; presentations, when and how; certain motions; waiver
• K.S.A. 60-215 — Amended and supplemental pleadings
• K.S.A. 60-255 — Default
• K.S.A. 60-260 — Relief from judgment or order

This page explains what the statutes say. It isn't legal advice, and the standard for relief under K.S.A. 60-260(b) is developed in case law this site doesn't cover.