K.S.A. 60-259.New trial; motion to alter or amend judgment
Last amended July 1, 2010 · Last verified July 28, 2026
In one sentenceK.S.A. 60-259 lets a court grant a new trial or alter or amend a judgment for reasons ranging from misconduct and erroneous rulings to newly discovered evidence, requires the motion within 28 days of judgment, and lets the court act on its own within that same window.
(1)Grounds for a new trial. The court may, on motion, grant a new trial to all or any of the parties and on all or part of the issues for the following reasons:
(A)Abuse of discretion by the court, misconduct by the jury or an opposing party, accident or surprise that ordinary prudence could not have guarded against, or because the party was not afforded a reasonable opportunity to present its evidence and be heard on the merits of the case;
(B)erroneous rulings or instructions by the court;
(C)the verdict, report or decision was given under the influence of passion or prejudice;
(D)the verdict, report or decision is in whole or in part contrary to the evidence;
(E)newly discovered evidence that is material for the moving party which it could not, with reasonable diligence, have discovered and produced at the trial; or
(F)the verdict, report or decision was procured by corruption of the party obtaining it, and in this case, the new trial must be granted as a matter of right, and all costs incurred up to the time of granting the new trial must be charged to the party obtaining the verdict, report or decision.
(2)Further action after a nonjury trial. After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones and direct the entry of a new judgment.
(b)Time to file a motion for a new trial. A motion for a new trial must be filed no later than 28 days after the entry of judgment. While a timely-filed motion is pending, the court may on motion and notice to the parties, permit the moving party to amend the motion for a new trial to state different or additional reasons.
(c)Definite statement of reasons. The motion should not follow the general language of subsection (a) in stating reasons for a new trial, but rather must state specifically the alleged error or other reasons relied on.
(d)Time to serve affidavits or declarations. When a motion for a new trial is based on affidavits or on declarations pursuant to K.S.A. 53-601, and amendments thereto, they must be filed with the motion. The opposing party has 14 days after being served to file opposing affidavits or declarations. The court may permit reply affidavits or declarations.
(e)New trial on the court's initiative or for reasons not in the motion. No later than 28 days after the entry of judgment, the court, on it* own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion. In either event, the court must specify the reasons in its order.
(f)Motion to alter or amend a judgment. A motion to alter or amend a judgment must be filed no later than 28 days after the entry of judgment.
(g)Production of evidence. In a case in which a reason for the motion is error in the exclusion of evidence, lack of reasonable opportunity to present evidence or newly discovered evidence, the evidence must be presented at the hearing by affidavit or by declaration pursuant to K.S.A. 53-601, and amendments thereto, or, when authorized by the court, by deposition or oral testimony and the opposing party may respond in like manner.
Amendment History
L. 1963, ch. 303, 60-259; amended by Supreme Court order dated July 17, 1969; L. 2010, ch. 135, § 133; July 1.
Revisor's Note
* The word "it" should have been "its" instead.
Plain-English Summary
K.S.A. 60-259 gives a court two related tools once a judgment has been entered: the power to order a new trial and the power to alter or amend the judgment itself. The grounds for a new trial cover a wide range -- an abuse of discretion by the court, misconduct by the jury or an opposing party, an accident or surprise a party couldn't have guarded against, being denied a reasonable chance to present evidence and be heard, erroneous rulings or instructions, a verdict driven by passion or prejudice, a verdict that runs against the evidence, or newly discovered evidence a party couldn't have found and produced at trial with reasonable diligence. If the verdict was procured by the winning party's own corruption, the new trial isn't discretionary -- the court must grant it, and the costs incurred up to that point fall on the party who obtained the tainted verdict. After a trial without a jury, the court has extra room to work with: it can open the judgment, take more testimony, amend or add findings and conclusions, and enter a new judgment.
A motion for a new trial has to reach the court no later than 28 days after judgment is entered, and the same 28-day deadline governs a motion to alter or amend the judgment. The motion can't just recite the statute's general language -- it has to state specifically what went wrong. While a timely motion is pending, the court can let the moving party amend it to add or change the reasons given. When the motion rests on affidavits or declarations, they're filed with the motion itself, and the opposing party gets 14 days after being served to file its own; the court may also allow reply affidavits or declarations.
The court isn't limited to what a party raises. Within the same 28 days after judgment, it can order a new trial on its own for any reason that would support granting one on motion, and after giving notice and a chance to be heard, it can grant a timely motion for a reason the motion never mentioned -- in either case, the order has to spell out the reasons. And when the ground for a new trial is excluded evidence, a lack of opportunity to present evidence, or newly discovered evidence, that evidence has to come in at the hearing, by affidavit or declaration or, if the court allows it, by deposition or live testimony, with the opposing side given the same chance to respond.
Frequently Asked Questions
How long do I have to file a motion for a new trial in Kansas?
K.S.A. 60-259(b) requires the motion no later than 28 days after entry of judgment. The same 28-day deadline applies to a motion to alter or amend the judgment under 60-259(f).
What can justify a new trial under K.S.A. 60-259?
Subsection (a)(1) lists abuse of discretion by the court, jury or party misconduct, an accident or surprise a party couldn't have guarded against, being denied a reasonable chance to be heard, erroneous rulings or instructions, a verdict driven by passion or prejudice, a verdict against the evidence, and newly discovered evidence.
Can a Kansas court order a new trial without either party asking for one?
Yes. Under subsection (e), the court may order a new trial on its own within 28 days after entry of judgment, for any reason that would justify granting one on a party's motion, and must specify the reasons in its order.
What happens if a verdict was obtained through the winning party's own corruption?
Subsection (a)(1)(F) makes the new trial mandatory, not discretionary, and requires that all costs incurred up to the time of granting it be charged to the party who obtained the tainted verdict.
Do I need to submit evidence with a motion for a new trial?
If the ground is excluded evidence, a lack of opportunity to present evidence, or newly discovered evidence, subsection (g) requires the evidence to be presented at the hearing by affidavit, declaration, or, if the court authorizes it, by deposition or oral testimony, with the opposing party allowed to respond the same way.
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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