K.S.A. 60-226.Discovery

Last amended July 1, 2025 · Last verified July 28, 2026

In one sentenceK.S.A. 60-226 sets the general framework for discovery in Kansas civil cases: the methods parties may use, the scope and proportionality limits on what's discoverable, disclosure duties for insurance and third-party litigation funding agreements, protections for trial-preparation materials and experts, and the procedure for asserting privilege.

Full Text of K.S.A. 60-226

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Discovery methods. Parties may obtain discovery by one or more of the following methods: Depositions on oral examination or written questions; written interrogatories; production of documents or things or permission to enter onto land or other property under K.S.A. 60-234, 60-245(a)(1)(A)(iii) or 60-245a, and amendments thereto; physical and mental examinations; and requests for admission.

(b) Discovery scope and limits.

(1) Scope in general. Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues and whether the burden or expense of the proposed discovery outweighs its likely benefit. Information within this scope of discovery need not be admissible in evidence to be discoverable.

(2) Limitations on frequency and extent.

(A) On motion, or on its own, the court may limit the frequency or extent of discovery methods otherwise allowed by the rules of civil procedure and must do so if it determines that:

(i) The discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome or less expensive;

(ii) the party seeking discovery has had ample opportunity to obtain the information by discovery in the action; or

(iii) the proposed discovery is outside the scope permitted by subsection (b)(1).

(B) A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of subsection (b)(2)(A). The court may specify conditions for the discovery.

(3) Agreements.

(A) Insurance agreements. A party may obtain discovery of the existence and contents of any insurance agreement under which an insurance business may be liable to satisfy part or all of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this paragraph, an application for insurance is not a part of an insurance agreement.

(B)

(i) Third-party litigation funding agreements.

(a) A party shall provide to the court, for in camera review, any third-party litigation funding agreement within 30 days after commencement of a legal action or 30 days after execution of a third-party litigation funding agreement, whichever is later.

(b) Except as otherwise stipulated by the parties or ordered by the court, if a party has entered into a third-party litigation funding agreement, such party shall deliver to all other parties, within 30 days after commencement of a legal action or 30 days after execution of such third-party litigation funding agreement, whichever is later, a sworn statement disclosing:

(1) The identity of all contracting parties to the third-party litigation funding agreement, including the name, address and, if a party is a legal entity, the place of formation of such entity;

(2) whether the agreement grants a third-party funder control or approval rights with respect to litigation or settlement decisions or otherwise has the potential to create conflicts of interest between the third-party funder and the party and, if the agreement does grant such control or approval rights, the nature of the terms and conditions relating to such control or approval rights;

(3) whether the agreement grants a third-party funder the right to receive materials designated as confidential pursuant to a protective or confidentiality agreement or order in the action;

(4) the existence of any known relationship between a third-party funder and the adverse party, the adverse party's counsel or the court;

(5) a description of the nature of the financial interest, including, but not limited to, whether such interest is, in whole or in part, recourse or non-recourse; and

(6) whether any foreign person from a foreign country of concern is providing funding, directly or indirectly, for the third-party litigation funding agreement and, if so, the name, address and country of incorporation or registration of the foreign person.

(ii) Limitations on discovery of third-party litigation funding agreements.

(a) Information concerning the third-party litigation funding agreement is not by reason of disclosure admissible in evidence at trial.

(b) Subsection (b)(3)(B)(i) shall not be construed to require a nonprofit corporation or association to disclose its members or donors.

(c) Except as provided in subsection (b)(3)(B)(i), the provisions of this section shall not be construed to modify the applicability of articles 2 or 4 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.

(4) Trial preparation; materials.

(A) Documents and tangible things. Ordinarily, a party may not discover documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative, including the other party's attorney, consultant, surety, indemnitor, insurer or agent. But, subject to subsection (b)(5), those materials may be discovered if:

(i) They are otherwise discoverable under paragraph (1); and

(ii) the party shows that it has substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent by other means.

(B) Protection against disclosure. If the court orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, opinions or legal theories of a party's attorney or other representative concerning the litigation.

(C) Previous statement. Any party or other person may, on request and without the required showing, obtain the person's own previous statement about the action or its subject matter. If the request is refused, the person may move for a court order, and K.S.A. 60-237, and amendments thereto, applies to the award of expenses. A previous statement is either:

(i) A written statement that the person has signed or otherwise adopted or approved; or

(ii) a contemporaneous stenographic, mechanical, electrical or other recording, or a transcription of it, that recites substantially verbatim the person's oral statement.

(5) Trial preparation; experts.

(A) Deposition of an expert who may testify. A party may depose any person who has been identified as an expert whose opinions may be presented at trial. If a disclosure is required under subsection (b)(6), the deposition may be conducted only after the disclosure is provided.

(B) Trial-preparation protection for draft disclosures. Subsections (b)(4)(A) and (b)(4)(B) protect drafts of any disclosure required under subsection (b)(6), and drafts of a disclosure by an expert witness provided in lieu of the disclosure required by subsection (b)(6), regardless of the form in which the draft is recorded.

(C) Trial-preparation protection for communications between a party's attorney and expert witnesses. Subsections (b)(4)(A) and (b)(4)(B) protect communications between the party's attorney and any witness about whom disclosure is required under subsection (b)(6), regardless of the form of the communications, except to the extent that the communications:

(i) Relate to compensation for the expert's study or testimony;

(ii) identify facts or data that the party's attorney provided and that the expert considered in forming the opinions to be expressed; or

(iii) identify assumptions that the party's attorney provided and that the expert relied on in forming the opinions to be expressed.

(D) Expert employed only for trial preparation. Ordinarily, a party may not, by interrogatories or deposition, discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or to prepare for trial and who is not expected to be called as a witness at trial. But a party may do so only:

(i) As provided in K.S.A. 60-235(b), and amendments thereto; or

(ii) on showing exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on the same subject by other means.

(E) Payment. Unless manifest injustice would result, the court must require that the party seeking discovery:

(i) Pay the expert a reasonable fee for time spent in responding to discovery under subsection (b)(5)(A) or (b)(5)(D); and

(ii) for discovery under subsection (b)(5)(D), also pay the other party a fair portion of the fees and expenses it reasonably incurred in obtaining the expert's facts and opinions.

(6) Disclosure of expert testimony.

(A) Required disclosures. A party must disclose to other parties the identity of any witness it may use at trial to present expert testimony. The disclosure must state:

(i) The subject matter on which the expert is expected to testify; and

(ii) the substance of the facts and opinions to which the expert is expected to testify.

(B) Witness who is retained or specially employed. Unless otherwise stipulated or ordered by the court, if the witness is retained or specially employed to provide expert testimony in the case, or is one whose duties as the party's employee regularly involve giving expert testimony, the disclosure under subsection (b)(6)(A) must also state a summary of the grounds for each opinion.

(C) Time to disclose expert testimony. A party must make these disclosures at the times and in the sequence that the court orders. Absent a stipulation or court order, the disclosures must be made:

(i) At least 90 days before the date set for trial or for the case to be ready for trial; or

(ii) if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under subsection (b)(6)(B), within 30 days after the other party's disclosure.

(D) Supplementing the disclosure. The parties must supplement these disclosures when required under subsection (e).

(E) Form of disclosures. Unless otherwise ordered by the court, all disclosures under this subsection must be:

(i) In writing, signed and served; and

(ii) filed with the court in accordance with K.S.A. 60-205(d), and amendments thereto.

(7) Claiming privilege or protecting trial preparation materials.

(A) Information withheld. When a party withholds information otherwise discoverable by claiming that the information is privileged or subject to protection as trial preparation material, the party must:

(i) Expressly make the claim; and

(ii) describe the nature of the documents, communications or things not produced or disclosed, and do so in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the claim.

(B) Information produced. If information produced in discovery is subject to a claim of privilege or of protection as trial preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the court under seal for a determination of the claim. The producing party must preserve the information until the claim is resolved.

(1) In general. A party or any person from whom discovery is sought may move for a protective order in the court where the action is pending, as an alternative on matters relating to a deposition, in the district court where the deposition will be taken. The motion must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action and must describe the steps taken by all attorneys or unrepresented parties to resolve the issues in dispute. The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression or undue burden or expense, including one or more of the following:

(A) Forbidding the disclosure or discovery;

(B) specifying terms, including time and place or the allocation of expenses, for the disclosure or discovery;

(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;

(E) designating the persons who may be present while the discovery is conducted;

(F) requiring that a deposition be sealed and opened only on court order;

(G) requiring that a trade secret or other confidential research, development or commercial information not be revealed or be revealed only in a specified way; and

(H) requiring that the parties simultaneously file specified documents or information in sealed envelopes, to be opened as the court orders.

(2) Ordering discovery. If a motion for a protective order is wholly or partly denied the court may, on just terms, order that any party or person provide or permit discovery.

(3) Awarding expenses. The provisions of K.S.A. 60-237, and amendments thereto, apply to the award of expenses.

(d) Sequence of discovery. Unless the parties stipulate or the court orders otherwise for the parties' and witnesses' convenience and in the interests of justice:

(1) Methods of discovery may be used in any sequence; and

(2) discovery by one party does not require any other party to delay its discovery.

(e) Supplementing disclosures and responses.

(1) In general. A party who has made a disclosure under subsection (b)(6), or who has responded to an interrogatory, request for production or request for admission, must supplement or correct its disclosure or response:

(A) In a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect, and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing; or

(B) as ordered by the court.

(2) Expert witness. For an expert to whom the disclosure requirement in subsection (b)(6) applies, the party's duty to supplement extends both to information included in the disclosure and to information given during the expert's deposition. Any additions or changes to this information must be disclosed at least 30 days before trial, unless the court orders otherwise.

(f) Signing disclosures and discovery requests, responses and objections.

(1) Signature required; effect of signature. Every disclosure under subsection (b)(6) and every discovery request, response or objection must be signed by at least one attorney of record in the attorney's own name, or by the party personally, if unrepresented, and must state the signor's address, e-mail address and telephone number. By signing, an attorney or party certifies that to the best of the person's knowledge, information and belief formed after a reasonable inquiry:

(A) With respect to a disclosure, it is complete and correct as of the time it is made;

(B) with respect to a discovery request, response or objection, it is:

(i) Consistent with the rules of civil procedure and warranted by existing law or by a nonfrivolous argument for extending, modifying or reversing existing law or for establishing new law;

(ii) not interposed for any improper purpose, such as to harass, cause unnecessary delay or needlessly increase the cost of litigation; and

(iii) neither unreasonable nor unduly burdensome or expensive considering the needs of the case, prior discovery in the case, the amount in controversy and the importance of the issues at stake in the action.

(2) Failure to sign. Other parties have no duty to act on an unsigned disclosure, request, response or objection until it is signed, and the court must strike it unless a signature is promptly supplied after the omission is called to the attorney's or party's attention.

(3) Sanction for improper certification. If a certification violates this section without substantial justification, the court, on motion, or on its own, must impose an appropriate sanction on the signer, the party on whose behalf the signer was acting, or both. The sanction may include an order to pay the reasonable expenses, including attorney's fees, caused by the violation.

(g) Definitions. As used in this section:

(1) "Foreign country of concern" means any foreign adversary as such term is defined by 15 C.F.R. § 7.4, as in effect on July 1, 2025, and any organization that is designated as a foreign terrorist organization as of July 1, 2025, pursuant to 8 U.S.C. § 1189, as in effect on July 1, 2025.

(2) "Foreign person" means:

(A) An individual that is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States;

(B) an unincorporated association when a majority of the members are not citizens of the United States or aliens lawfully admitted for permanent residence in the United States;

(D) a government, political subdivision or political party of a country other than the United States;

(E) an entity that is organized under the laws of a county other than the United States;

(F) an entity that has a principal place of business in a country other than the United States and has shares or other ownership interest held by the government or a government official of a country other than the United States; or

(G) an organization in which any person or entity described in subsections (g)(2) (A) through (g)(2)(F) holds a controlling or majority interest or in which the holdings of any such persons or entities, considered together, would constitute a controlling majority interest.

(3) "Reasonable interest" means a total interest not greater than 11.1% of the principal.

(4) "Third-party litigation funding agreement" means any agreement under which any person, other than a party, an attorney representing the party, such attorney's firm or a member of the family or household of a party has agreed to pay expenses directly related to prosecuting the legal claim and has a contractual right to receive compensation that is contingent in any respect on the outcome of the claim. "Third-party litigation funding agreement" does not include an agreement that does not afford the nonparty agreeing to pay legal expenses any profit from the legal claim beyond repayment of the amount such nonparty has contractually agreed to provide plus reasonable interest.

(h) The provisions of subsection (b)(3)(B) are severable. If any portion of such subsection is held by a court to be unconstitutional or invalid, or the application of any portion of such subsection to any person or circumstance is held by a court to be unconstitutional or invalid, the invalidity shall not affect the other portions of such subsection that can be given effect without the invalid portion or application, and the applicability of such other portions of such subsection to any person or circumstance remains valid and enforceable.

Amendment History

L. 1963, ch. 303, 60-226; amended by Supreme Court order dated July 20, 1972; L. 1986, ch. 215, § 6; L. 1997, ch. 173, § 11; L. 2008, ch. 21, § 2; L. 2010, ch. 135, § 95; L. 2011, ch. 48, § 8; L. 2012, ch. 35, § 2; L. 2017, ch. 75, § 4; L. 2025, ch. 60, § 1; July 1.

Plain-English Summary

Subsection (a) lists the toolbox: depositions on oral or written questions, written interrogatories, requests to produce documents or things or to enter land, physical and mental examinations, and requests for admission. Subsection (b) then draws the boundary around all of them. Discovery reaches any nonprivileged matter relevant to a party's claim or defense and proportional to the case, weighing the stakes, the amount in controversy, each side's access to information and resources, how much the discovery would help resolve the issues, and whether its burden or expense outweighs its likely benefit. Information doesn't have to be admissible to be discoverable. A court must limit discovery that's cumulative, obtainable more easily elsewhere, already pursued at length, or outside this scope, and a party can resist producing electronically stored information from sources it identifies as not reasonably accessible because of undue burden or cost — though the requesting party can still get it by showing good cause.

Subsection (b)(3) covers two kinds of agreements. Insurance agreements that could cover a judgment are discoverable, though disclosing one doesn't make it admissible at trial. The 2025 amendments added a parallel, more detailed regime for third-party litigation funding agreements — arrangements where someone other than a party, its attorney, the attorney's firm, or a family or household member has agreed to pay legal expenses in exchange for a stake in the outcome. A party with such an agreement must submit it to the court for in camera review within 30 days of the suit's filing or the agreement's execution, whichever is later, and must also serve a sworn statement on the other parties disclosing the funder's identity, any control or approval rights the funder holds over litigation or settlement decisions, any right to see confidential materials, known relationships between the funder and the adverse side, the nature of the financial interest, and whether a foreign person from a foreign country of concern is funding the arrangement. Disclosure of the agreement doesn't make it admissible at trial, a nonprofit doesn't have to reveal its donors or members through this process, and the section defines a 'reasonable interest' the funder can keep as no more than 11.1% of the principal without the arrangement counting as something beyond mere repayment.

Subsection (b)(4) shields documents and tangible things prepared in anticipation of litigation or for trial, letting them be discovered only if otherwise discoverable and the requesting party shows substantial need and can't get the substantial equivalent without undue hardship elsewhere — and even then, the court must protect against disclosing an attorney's mental impressions, conclusions, opinions, or legal theories. A person can always get their own prior statement about the case on request. Subsection (b)(5) covers experts: a testifying expert can be deposed (after any required disclosure), draft expert disclosures and most attorney-expert communications are protected, and an expert retained only for trial preparation who won't testify generally can't be discovered at all absent exceptional circumstances or the showing required under K.S.A. 60-235(b) — with the requesting party ordinarily on the hook for a reasonable fee and, in the non-testifying-expert scenario, a fair share of the other side's costs in developing that expert's opinions.

Subsection (b)(6) sets the disclosure requirements for a testifying expert: the subject matter and substance of the expected testimony, plus a summary of the grounds for each opinion if the expert was retained or specially employed. Absent a stipulation or court order, that disclosure is due at least 90 days before trial, or within 30 days of another party's disclosure if the testimony is purely to contradict or rebut it. Subsection (b)(7) governs asserting privilege or trial-preparation protection over withheld material — the claim has to be made expressly and described in enough detail for other parties to assess it — and sets out a claw-back procedure once privileged material has already been produced. Subsections (c) through (h) round out the section: protective orders for good cause shown, freedom to sequence discovery methods as the parties choose, a duty to supplement disclosures and responses, signature and certification requirements for discovery papers with sanctions for improper certifications, definitions (including 'foreign person' and 'foreign country of concern' for the litigation-funding provisions), and a severability clause protecting the rest of the section if any part of the litigation-funding disclosure rules is struck down.

Frequently Asked Questions

What can I discover in a Kansas civil case?

Under K.S.A. 60-226(b)(1), any nonprivileged matter relevant to a party's claim or defense and proportional to the needs of the case — weighing the stakes, the amount in controversy, each side's access to information and resources, and whether the discovery's burden or expense outweighs its likely benefit. The information doesn't need to be admissible in evidence to be discoverable.

Do I have to disclose a litigation funding agreement in a Kansas lawsuit?

Yes, if you've entered a third-party litigation funding agreement. Under subsection (b)(3)(B), you must submit the agreement to the court for in camera review within 30 days of the suit's filing or the agreement's execution (whichever is later), and separately serve the other parties a sworn statement disclosing the funder's identity, any control or approval rights, any right to confidential materials, known relationships with the adverse party, the nature of the financial interest, and whether a foreign person from a foreign country of concern is providing the funding.

What counts as a 'reasonable interest' under the litigation funding disclosure rules?

Subsection (g)(3) defines a reasonable interest as a total interest not greater than 11.1% of the principal. An agreement that gives the funder no more than repayment plus that reasonable interest falls outside the definition of a third-party litigation funding agreement altogether.

Can I get documents my opponent's attorney prepared for trial?

Only in limited circumstances. Subsection (b)(4)(A) protects documents and tangible things prepared in anticipation of litigation unless they're otherwise discoverable and you show substantial need and an inability to get their substantial equivalent elsewhere without undue hardship. Even then, the court must protect the attorney's mental impressions, conclusions, opinions, and legal theories.

Can I depose an expert my opponent retained but doesn't plan to call at trial?

Generally no. Subsection (b)(5)(D) bars discovery of facts or opinions held by an expert retained only for trial preparation and not expected to testify, except as provided in K.S.A. 60-235(b) or on a showing of exceptional circumstances making it impracticable to get the same information another way.

When do I have to disclose my testifying expert's opinions?

Subsection (b)(6)(C) sets the default at least 90 days before trial, or within 30 days after another party's disclosure if your expert's testimony is solely to contradict or rebut it, unless the court orders a different schedule.

What if I accidentally produce a privileged document during discovery?

Subsection (b)(7)(B) lets you notify the other party of the claim and its basis. Once notified, that party must promptly return, sequester, or destroy the material and any copies, can't use or disclose it until the claim is resolved, and must take reasonable steps to retrieve any copies already disclosed elsewhere.

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 discovery ruleskansas third-party litigation funding disclosurekansas discovery scope and proportionalitykansas expert witness disclosure deadlinekansas privilege claw back discovery60-226 trial preparation materials