K.S.A. 60-255.Default

Subsection (a) puts a party in default the moment it fails to plead or otherwise defend against a claim for affirmative relief. On request, and a showing that the requesting party is entitled to one, the court must render a default judgment for the remedy that party is entitled to. Two safeguards apply: a default judgment against a minor or incapacitated person requires that person to be represented by a guardian, conservator, or other legally authorized representative who has appeared in the action, or by a court-appointed guardian ad litem; and a party who has already appeared personally or through a representative must get at least seven days' written notice of the request for judgment before the hearing. Before entering or carrying out judgment, the court can hold hearings or make referrals, preserving any statutory jury-trial right, to conduct an accounting, determine damages, establish the truth of an allegation, or investigate any other matter.

Subsection (b) ties setting aside a final default judgment to K.S.A. 60-260(b) and 60-309, instead of setting its own standard. Subsection (c) treats the state, its officers, and its agencies differently from private defendants: a default judgment against them requires the claimant to establish the claim or right to relief by evidence that satisfies the court, not by the state's failure to respond alone.