60-210. Form of pleadings. (a) Caption; names of parties. Every pleading must have a caption with the court's name, a title, a file number and a designation as in subsection (a) of K.S.A. 60-207, and amendments thereto. The title of the petition must name all the parties; the title of other pleadings, after naming the first party on each side, may refer generally to other parties.
(b) Paragraphs; separate statements. A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence, and each defense other than a denial, must be stated in a separate count or defense.
(c) Adoption by reference; exhibits. A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion. A copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes.
(d) Change of name. If the name of a party changes after an action has been commenced, either before or after judgment, by reason of marriage, divorce, adoption, a change of name proceeding, amendment of articles of incorporation, the assumption of an alias or otherwise, or if an action is mistakenly commenced against a party by a former name no longer used by the party, any party in interest may cause that fact to be noted of record by filing a certified copy of a marriage record, decree of divorce, amended articles of incorporation, order of adoption or change of name, or an affidavit or a declaration pursuant to K.S.A. 53-601, and amendments thereto, by an informed person. The name as changed must be used in the alternative in all subsequent proceedings in the action.
History: L. 1963, ch. 303, 60-210; amended by Supreme Court Rule No. 125; effective January 1, 1969; L. 2010, ch. 135, § 77; July 1.
Source or prior law:
G.S. 1868, ch. 80, § 87; L. 1909, ch. 182, § 92; R.S. 1923, 60-704.
Cross References to Related Sections:
Pleadings allowed, forms of motions and other papers, see 60-207(b)(2).
Law Review and Bar Journal References:
Pleadings discussed, Marlin M. Volz, 11 K.L.R. 203, 206, 208 (1962).
Paragraph (c) and comparable authority discussed in case comment on sufficiency of attached exhibit as pleading, Arnold Grundeman, 8 W.L.J. 102, 106, 108 (1968).
"Privacy, Plaintiffs, and Pseudonyms: The Anonymous Doe Plaintiff in the Information Age," Jayne S. Ressler, 53 K.L.R. 195 (2004).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-704 and the 1961 Supp. thereto.
1. An attached exhibit is no substitute for a necessary allegation. Hoover Equipment Co. v. Smith, 198 Kan. 127, 132, 422 P.2d 914.
2. Where copy of contract attached to a pleading as exhibit, it is part thereof for all purposes. Thompson v. Phillips Pipe Line Co., 200 Kan. 669, 673, 438 P.2d 146.
3. Cited in criminal action as recognition of incorporation by reference of documents and other proceedings in Kansas. State v. Maley & Witt, 8 Kan. App. 2d 553, 560, 662 P.2d 269 (1983).
4. Where foreclosure and contract claims both founded upon same transaction or series thereof, statute has no relevance as basis for objection. Producers Equipment Sales, Inc. v. Thomason, 15 Kan. App. 2d 393, 398, 808 P.2d 881 (1991).
5. Petition must be filed with name of plaintiff; no error in refusing use of pseudonym and in not allowing plaintiff to alter or amend following judgment. Unwitting Victim v. C.S., 273 Kan. 937, 47 P.3d 392 (2002).
6. General pleading statutes in civil procedure code do not override more specific pleading provisions of probate code. In re Estate of Wolf, 279 Kan. 718, 112 P.3d 94 (2005).
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