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K.S.A. 60-215.Amended and supplemental pleadings

Last amended July 1, 2010 · Last verified July 28, 2026

In one sentenceK.S.A. 60-215 lets a party amend a pleading once as a matter of course within set windows, otherwise only with consent or the court's leave freely given, allows amendment during and after trial to match the evidence, and sets the conditions under which an amendment relates back to the original filing date.

Full Text of K.S.A. 60-215

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

(a) Amendments before trial.
(1) Amending as a matter of course. A party may amend its pleading once as a matter of course within:
(A) 21 days after serving it; or
(B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under subsections (b), (e) or (f) of K.S.A. 60-212, and amendments thereto, whichever is earlier.
(2) Other amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent, or the court's leave. The court should freely give leave when justice so requires.
(3) Time to respond. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 21 days after service of the amended pleading, whichever is later.
(b) Amendments during and after trial.
(1) Based on an objection at trial. If, at trial, a party objects that evidence is not within the issues raised in the pleadings, the court may permit the pleadings to be amended. The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party's action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence.
(2) For issues tried by consent. When an issue not raised by the pleadings is tried by the parties' express or implied consent, it must be treated in all respects as if raised in the pleadings. A party may move at any time, even after judgment, to amend the pleadings to conform them to the evidence and to raise an unpleaded issue. But failure to amend does not affect the result of the trial of that issue.
(c) Relation back of amendments. An amendment to a pleading relates back to the date of the original pleading when:
(1) The law that provides the applicable statute of limitations allows relation back;
(2) the amendment asserts a claim or defense that arose out of the conduct, transaction or occurrence set out, or attempted to be set out, in the original pleading; or
(3) the amendment changes the party or the naming of the party against whom a claim is asserted, if paragraph (2) is satisfied and if, within the period provided by law for commencing the action against the party, including the period for service of process under K.S.A. 60-203, and amendments thereto, the party to be brought in by amendment:
(A) Received such notice of the action that it will not be prejudiced in defending on the merits; and
(B) knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party's identity.
(d) Supplemental pleadings. On motion and reasonable notice, the court may, on just terms, permit a party to serve a supplemental pleading setting out any transaction, occurrence or event that happened after the date of the pleading to be supplemented. The court may permit supplementation even though the original pleading is defective in stating a claim or defense. The court may order that the opposing party plead to the supplemental pleading within a specified time.

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.

Source & verification. Section text is reproduced verbatim from the Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026. · Official source
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