K.S.A. 60-215.Amended and supplemental pleadings
Last amended July 1, 2010 · Last verified July 28, 2026
Full Text of K.S.A. 60-215
Amendment History
L. 1963, ch. 303, 60-215; amended by Supreme Court order dated July 17, 1969; L. 1997, ch. 173, § 8; L. 2010, ch. 135, § 82; July 1.
Plain-English Summary
Subsection (a) gives every party one free amendment. A pleading not requiring a response can be amended as a matter of course within 21 days of serving it. A pleading that does require a response can be amended as a matter of course within 21 days after a responsive pleading is served, or within 21 days after a motion under 60-212(b), (e), or (f) is served, whichever comes first. Beyond that one free shot, subsection (a)(2) requires either the opposing party's written consent or the court's leave -- and the court should give that leave freely when justice requires it. When a party does amend, subsection (a)(3) gives the opposing side the later of the time remaining to respond to the original pleading or 21 days after the amended pleading is served.
Subsections (b)(1) and (b)(2) handle amendment once trial has started. If a party objects that evidence offered at trial falls outside the pleadings, the court may allow the pleadings to be amended, and should do so freely when amendment would help present the merits and the objecting party can't show real prejudice; the court can grant a continuance to let that party respond to the new evidence. When an issue outside the pleadings is tried by the parties' express or implied consent, subsection (b)(2) treats it as if it had been pleaded from the start -- a party can move to amend to match the evidence at any time, even after judgment, though failing to make that motion doesn't change the outcome of the issue tried.
Subsection (c) is where the stakes of relation back show up -- an amendment that would otherwise miss the deadline gets treated as filed on the date of the original pleading. That happens when the law governing the statute of limitations itself allows relation back, when the amendment merely adds a claim or defense arising from the same conduct, transaction, or occurrence already set out (or attempted to be set out) in the original pleading, or when the amendment changes the party being sued and, within the time allowed for commencing the action against that party (including the service period under K.S.A. 60-203), the new party received enough notice of the action to avoid prejudice in defending on the merits and knew or should have known the suit would have named it but for a mistake about the proper party's identity. Subsection (d) lets a party, on motion and reasonable notice, serve a supplemental pleading describing something that happened after the original pleading was filed, even if that original pleading was itself defective in stating a claim or defense, and the court can set a deadline for the opposing party to respond.
Frequently Asked Questions
How long do I have to amend my pleading without asking permission?
Subsection (a)(1) gives 21 days after serving a pleading that needs no response, or, for a pleading that does need a response, 21 days after a responsive pleading is served or 21 days after a motion under 60-212(b), (e), or (f) is served, whichever is earlier.
What happens after I use up my one free amendment?
Subsection (a)(2) requires the opposing party's written consent or the court's leave for any further amendment. The rule directs the court to give that leave freely when justice requires it.
Can new evidence at trial change what I'm allowed to argue even though it's not in my pleadings?
Yes, in two ways. Subsection (b)(1) lets the court permit an amendment over an opposing party's objection when it would help present the merits without real prejudice, and subsection (b)(2) treats an issue tried by the parties' actual or implied consent as if it had been pleaded all along.
When does an amended pleading count as filed on the original filing date?
Subsection (c) allows relation back when the controlling limitations law permits it, when the amendment adds a claim from the same conduct, transaction, or occurrence already described, or when it corrects the party sued and that party got timely notice and knew or should have known it was the intended defendant but for a mistake in identity.
Can I file a supplemental pleading about something that happened after I filed my complaint?
Yes. Subsection (d) lets the court, on motion and reasonable notice, permit a supplemental pleading describing a later transaction, occurrence, or event, even if the original pleading was defective, and the court can require the opposing party to respond by a set deadline.