Kansas summary judgment: twenty-one days to respond, fourteen to reply
Kansas procedure · Last verified August 17, 2026
Kansas is one of the few states whose summary judgment provision fixes the whole briefing schedule in the statute rather than leaving it to local rule.
Motion, response and reply each have a stated period, and the response deadline has a wrinkle: it runs from service of the motion or the date a responsive pleading is due, whichever is later.
The schedule
K.S.A. 60-256(c)(1):
These times apply unless a different time is set by local rule or the court orders otherwise: (A) A party may move for summary judgment at any time until 30 days after the close of all discovery; (B) a party opposing the motion must file a response within 21 days after the motion is served or a responsive pleading is due, whichever is later; and (C) the movant may file a reply within 14 days after the response is served.
| Paper | Deadline |
|---|---|
| Motion | any time until 30 days after the close of all discovery |
| Response | 21 days after the motion is served or a responsive pleading is due, whichever is later |
| Reply | 14 days after the response is served |
Two details worth holding onto.
"All discovery." Where a scheduling order staggers deadlines, the last one starts the 30 days.
"Whichever is later" protects an early respondent. A motion served before your answer is due does not compress your time — the 21 days runs from the later of the two events.
All three periods yield to a local rule or a court order, so check the scheduling order first.
Who may move
K.S.A. 60-256(a) and (b) allow either a claiming or a defending party to move "with or without supporting affidavits or supporting declarations pursuant to K.S.A. 53-601", on all or part of the claim.
Kansas expressly permits declarations under K.S.A. 53-601 as an alternative to affidavits, which avoids a notarization step.
The standard
K.S.A. 60-256(c)(2) directs that judgment "should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits or d" show the movant is entitled to it — the familiar formulation, drawing on the full record rather than a closed list.
Where this connects
Kansas runs its whole civil procedure by statute. Its Rule 12 analogue is K.S.A. 60-212, with six enumerated grounds — see the Kansas motion to dismiss.
Its discovery statute tilts fees toward the movant, and routes every motion to the court where the action is pending — see the Kansas motion to compel.
If a default judgment has been entered, K.S.A. 60-255(b) names two relief statutes — see setting aside a Kansas default judgment.
How Kansas compares
| Kansas | Nebraska | Missouri | Federal | |
|---|---|---|---|---|
| Full briefing schedule in the rule | yes | — | no | no |
| Motion deadline | 30 days after close of all discovery | — | — | 30 days after close of discovery |
| Response | 21 days, or when a pleading is due | — | 30 days | local rule |
| Reply | 14 days | — | — | local rule |
| Declarations permitted | yes, K.S.A. 53-601 | — | — | yes |
| Numbered statement of facts required | no | — | yes | no |
A short checklist
- Check the scheduling order first — a local rule or court order overrides all three periods.
- Count 30 days from the close of all discovery if you are moving.
- As respondent, take the later of the two triggers — service of the motion, or the date your responsive pleading is due.
- Diarise 14 days for the reply.
- Use a declaration under K.S.A. 53-601 if a notary is inconvenient.
Where these rules live
This page explains what the statutes say. It isn't legal advice, and what makes a factual issue genuine or material is developed in case law this site doesn't cover.