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K.S.A. 60-208.General rules of pleadings

Last amended July 1, 2012 · Last verified July 28, 2026

In one sentenceK.S.A. 60-208 tells a party what a pleading demanding relief must contain, how to admit or deny allegations, which defenses must be pleaded affirmatively, and how pleadings should be read — all aimed at a short, plain, and concise statement construed to do justice.

Full Text of K.S.A. 60-208

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Claim for relief. A pleading that states a claim for relief must contain:
(1) A short and plain statement of the claim showing that the pleader is entitled to relief; and
(2) a demand for the relief sought, which may include relief in the alternative or different types of relief. Except in contract actions, every pleading demanding relief for money damages in excess of $75,000, without demanding a specific amount of money, must state only that the amount sought as damages is in excess of $75,000. Every pleading demanding relief for money damages in an amount of $75,000 or less must specify the amount sought as damages.
(b) Defenses, admissions and denials.
(1) In general. In responding to a pleading, a party must:
(A) State in short and plain terms its defenses to each claim asserted against it; and
(B) admit or deny the allegations asserted against it by an opposing party.
(2) Denials; responding to the substance. A denial must fairly respond to the substance of the allegation.
(3) General and specific denials. A party that intends in good faith to deny all the allegations of a pleading, including the jurisdictional grounds, may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.
(4) Denying part of an allegation. A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest.
(5) Lacking knowledge or information. A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.
(6) Effect of failing to deny. An allegation, other than one relating to the amount of damages, is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.
(c) Affirmative defenses.
(1) In general. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:
(A) Accord and satisfaction;
(B) arbitration and award;
(C) assumption of risk;
(D) contributory negligence or comparative fault;
(E) duress;
(F) estoppel;
(G) failure of consideration;
(H) fraud, illegality;
(I) injury by fellow servant;
(J) laches;
(K) license;
(L) payment;
(M) release;
(N) res judicata;
(O) statute of frauds;
(P) statute of limitations; and
(Q) waiver.
(2) Mistaken designation. If a party mistakenly designates a defense as a counterclaim or a counterclaim as a defense, the court must, if justice requires, treat the pleading as though it were correctly designated, and may impose terms for doing so.
(d) Pleading to be concise and direct; alternative statements; inconsistency.
(1) In general. Each allegation must be simple, concise and direct. No technical form is required.
(2) Alternative statements of a claim or defense. A party may set out two or more statements of a claim or defense alternately or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.
(3) Inconsistent claims or defenses. A party may state as many separate claims or defenses as it has, regardless of consistency.
(e) Construing pleadings. Pleadings must be construed so as to do justice.

Amendment History

L. 1963, ch. 303, 60-208; L. 1976, ch. 252, § 1; L. 1990, ch. 203, § 1; L. 1997, ch. 173, § 4; L. 2010, ch. 135, § 75; L. 2012, ch. 35, § 1; July 1.

Plain-English Summary

Subsection (a) tells a party what a pleading demanding relief needs: a short and plain statement showing entitlement to relief, and a demand for the relief sought, which can include alternative or different types of relief. Money-damages pleading follows a dollar-figure rule tied to $75,000: outside contract actions, a pleading demanding damages above that amount must state only that the amount sought exceeds $75,000, without naming a specific figure, while a pleading demanding $75,000 or less must specify the amount sought.

Subsection (b) governs how a party responds to a pleading. It must state its defenses in short, plain terms and admit or deny each allegation, and a denial has to address the substance of what's alleged. A party that means to deny everything in good faith, including jurisdictional grounds, can use a general denial; one that doesn't intend to deny everything must either specifically deny particular allegations or generally deny all but the ones it admits. A party can admit part of an allegation and deny the rest, and a party that lacks knowledge or information to form a belief about an allegation must say so — that statement counts as a denial. An allegation is treated as admitted if a responsive pleading is required and the allegation goes undenied, except for allegations about the amount of damages; where no responsive pleading is required, an allegation is treated as denied or avoided.

Subsection (c) requires a party to affirmatively state any avoidance or affirmative defense when responding to a pleading, naming defenses such as accord and satisfaction, arbitration and award, assumption of risk, contributory negligence or comparative fault, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, and waiver. If a party mistakenly labels a defense as a counterclaim, or a counterclaim as a defense, the court must treat the pleading as correctly designated when justice requires, and may impose terms for doing so.

Subsection (d) requires each allegation to be simple, concise, and direct, with no technical form required, and lets a party plead alternative or hypothetical statements of a claim or defense — the pleading holds up if any one of those statements is sufficient — and plead as many separate, even inconsistent, claims or defenses as it has. Subsection (e) closes the section with a single instruction: pleadings must be construed so as to do justice.

Frequently Asked Questions

How much detail does my Kansas petition need to include?

Subsection (a) requires a short and plain statement showing the pleader is entitled to relief, plus a demand for the relief sought, which can include alternative or different kinds of relief.

How do I plead a damages amount above $75,000 in Kansas?

Except in contract actions, subsection (a)(2) requires a pleading demanding damages above $75,000 to state only that the amount sought is in excess of $75,000, without specifying the exact figure. A pleading demanding $75,000 or less must specify the amount sought.

What happens if I don't deny an allegation in my answer?

Subsection (b)(6) treats an allegation as admitted if a responsive pleading is required and the allegation isn't denied, except for allegations about the amount of damages.

Which defenses do I have to raise affirmatively in my answer?

Subsection (c)(1) lists affirmative defenses including accord and satisfaction, arbitration and award, assumption of risk, contributory negligence or comparative fault, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, and waiver.

Can I plead inconsistent claims or defenses in the same case?

Yes. Subsection (d)(3) allows a party to state as many separate claims or defenses as it has, regardless of consistency.

Source & verification. Section text is reproduced verbatim from the Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026. · Official source
Also known as: kansas complaint damages over $75,00060-208 affirmative defenses list kansasgeneral denial kansas answerfailure to deny admission kansas civilkansas pleading construed to do justice