Last amended July 1, 2011 · Last verified July 28, 2026
In one sentenceK.S.A. 60-209 sets pleading standards for particular situations — capacity, fraud or mistake, conditions precedent, official acts, judgments, time and place, special damages, written instruments, tendered money, and libel or slander — relaxing some requirements to a general statement while demanding particularity for others.
(B)a party's authority to sue or be sued in a representative capacity; or
(C)the legal existence of an organized association of persons that is made a party.
(2)Raising those issues. To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party's knowledge.
(b)Fraud or mistake; conditions of mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge and other conditions of a person's mind may be alleged generally.
(c)Conditions precedent. In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or have been performed. But when denying that a condition precedent has occurred or been performed, a party must do so with particularity.
(d)Official document or act. In pleading an official document or official act, it suffices to allege that the document was legally issued or the act legally done.
(e)Judgment. In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it.
(f)Time and place. An allegation of time or place is material when testing the sufficiency of a pleading.
(g)Special damages. If an item of special damage is claimed, it must be specifically stated. If the court allows an amended petition pursuant to K.S.A. 60-3703, and amendments thereto, to include a claim for exemplary or punitive damages the amended petition must state only whether the amount sought as damages is or is not in excess of $75,000.
(h)Pleading a written instrument. A claim, defense or counterclaim founded on a written instrument may be pleaded by:
(1)Reasonably identifying the written instrument and stating its substance;
(2)reciting the contents of the written instrument in the pleading; or
(3)attaching a copy to the pleading as an exhibit.
(i)Tender of money. When a tender of money is made in a pleading, the money need not be deposited in court prior to trial, unless the court orders otherwise. (j) Libel and slander. In an action for libel or slander, it suffices to allege generally that defamatory matter was published or spoken concerning the plaintiff, and if that allegation is not denied in the answer, it need not be proved at trial. The defendant's answer may allege both the truth of the matter charged as defamatory and any mitigating circumstances that reduce the amount of damages. Whether the defendant proves justification, the defendant may introduce evidence of any mitigating circumstances.
Amendment History
L. 1963, ch. 303, 60-209; L. 1976, ch. 252, § 2; L. 1988, ch. 209, § 5; L. 1997, ch. 173, § 5; L. 2010, ch. 135, § 76; L. 2011, ch. 48, § 5; July 1.
Plain-English Summary
Subsection (a) says a pleading need not allege a party's capacity to sue or be sued, a party's authority to sue or be sued in a representative capacity, or the legal existence of an organized association named as a party — anyone who wants to raise those issues must do so through a specific denial that states the supporting facts within that party's knowledge. Subsection (b) draws a similar line for state of mind: fraud or mistake must be pleaded with particularity as to the circumstances involved, while malice, intent, knowledge, and other conditions of mind can be alleged generally.
Subsections (c) through (f) relax pleading requirements for several recurring situations. Conditions precedent can be alleged generally as having occurred or been performed, though a denial that a condition precedent occurred must be made with particularity. An official document or act can be pleaded by alleging it was legally issued or legally done. A judgment or decision of a court, tribunal, board, or officer can be pleaded without showing jurisdiction to render it. And an allegation of time or place is treated as material when a pleading's sufficiency is tested.
Subsection (g) requires special damages to be specifically stated, and if the court allows an amended petition under K.S.A. 60-3703 to add a claim for exemplary or punitive damages, that amended petition must state only whether the amount sought is or isn't in excess of $75,000. Subsection (h) offers three ways to plead a claim, defense, or counterclaim founded on a written instrument: identify it and state its substance, recite its contents in the pleading, or attach a copy as an exhibit.
The last two subsections address narrower situations. When a pleading tenders money, the money doesn't need to be deposited in court before trial unless the court orders otherwise. And in a libel or slander action, a general allegation that defamatory matter was published or spoken about the plaintiff suffices — if that allegation goes undenied in the answer, it doesn't need to be proved at trial — while the defendant's answer can allege both the truth of the matter and any mitigating circumstances that would reduce damages.
Frequently Asked Questions
Do I need to plead a party's legal capacity to sue in Kansas?
No. Subsection (a)(1) says a pleading need not allege a party's capacity to sue or be sued, or its authority to sue in a representative capacity. Anyone wanting to raise those issues must do so by a specific denial stating the supporting facts.
How specifically must I plead fraud in a Kansas pleading?
Subsection (b) requires the circumstances constituting fraud or mistake to be stated with particularity, though malice, intent, knowledge, and other conditions of mind can be alleged generally.
Do I have to itemize special damages separately?
Yes. Subsection (g) requires an item of special damage to be specifically stated.
How do I plead a written contract that's the basis of my claim?
Subsection (h) allows reasonably identifying the instrument and stating its substance, reciting its contents in the pleading, or attaching a copy as an exhibit.
What do I need to allege in a Kansas libel or slander case?
Subsection (j) allows a general allegation that defamatory matter was published or spoken concerning the plaintiff; if that allegation isn't denied in the answer, it doesn't need to be proved at trial.
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 pleading special matters60-209 pleading fraud with particularityspecial damages pleading kansasconditions precedent pleading kansas civillibel slander pleading kansas