Kansas Motion for Summary Judgment
Kansas sets no fixed notice period before a hearing: by default, the respondent has 21 calendar days after service (or until a responsive pleading is due, if later) to respond, the movant has 14 calendar days after the response to reply, unless a local rule or court order sets a different time, and the motion cannot be heard until that Kansas Supreme Court Rule 141 briefing is complete.
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Introduction
In Kansas, a motion for summary judgment under K.S.A. 60-256 has no fixed pre-hearing notice period at all. Instead of counting backward from a hearing date, the clock runs forward from service of the motion. The opposing party, the respondent, must file a response within 21 calendar days after the motion is served or the date a responsive pleading is due, whichever is later, and the movant may then file a reply within 14 calendar days after the response is served (K.S.A. 60-256(c)(1)(B)-(C); Kansas Supreme Court Rule 141(b)(2), (c)). These times, like the filing cutoff, are defaults that a local rule or court order can change. Kansas counts every calendar day, including intermediate Saturdays, Sundays, and legal holidays, rolling a deadline that falls on a weekend or holiday to the next business day (K.S.A. 60-206(a)(1)). A motion may be filed at any time until 30 days after the close of all discovery, unless a local rule or court order sets a different time (K.S.A. 60-256(c)(1)(A)). Under Kansas Supreme Court Rule 141(f), a summary judgment motion cannot even be heard until this briefing cycle is complete: either the respondent has filed a compliant response and the movant has replied or the reply period has expired, or the respondent missed the response deadline and the court deems the motion submitted. The standard asks whether there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law, using Kansas's own genuine issue wording rather than the modern federal genuine dispute phrasing (K.S.A. 60-256(c)(2)). The statute was comprehensively rewritten effective July 1, 2010 to track the federal rules and was re-enacted effective June 5, 2015 (L. 2015, ch. 81, § 22); an intervening 2014 recodification act was held invalid in Solomon v. State, 303 Kan. 512 (2015). Kansas Supreme Court Rule 141 requires the movant's own memorandum to state its uncontroverted facts in separately numbered paragraphs with record citations, and the opposing memorandum must respond to each numbered paragraph as uncontroverted, uncontroverted for purposes of the motion only, or controverted with supporting evidence (Rule 141(a)-(b)). Affidavits or declarations, if used, must be made on personal knowledge under K.S.A. 53-601 and K.S.A. 60-256(e)(1). Kansas has no motion labeled a no-evidence motion, but K.S.A. 60-256(e)(2) works in a similar way: once a properly supported motion is made, the opposing party may not rely on its own pleading and must come forward with specific facts showing a genuine issue for trial. A party may also move for judgment on all or part of a claim, and K.S.A. 60-256(d)(2) allows an interlocutory summary judgment on liability alone even when damages remain disputed. If the respondent misses the 21-day deadline, Rule 141(f)(2) lets the court deem the motion submitted and treat the movant's uncontroverted facts as admitted for purposes of the motion, but summary judgment is entered only if appropriate, and the court must still find the movant entitled to judgment as a matter of law (K.S.A. 60-256(c)(2), (e)(2)); a Kansas summary judgment motion is not automatically granted just because no one responds. Both the mover and the respondent need to track this 21-day and 14-day chain closely, since it substitutes for a noticed hearing date. Summary judgment practice is technical and is often lost on procedure rather than the merits, and attorney review is available before filing or responding. This page covers a civil motion for summary judgment in a Kansas state district court under K.S.A. 60-256 and Kansas Supreme Court Rule 141. It does not cover a motion to dismiss, a motion to set aside a default judgment, or a motion for summary judgment in federal court, which follows Federal Rule of Civil Procedure 56.
Key Things to Know
- 1
Kansas sets no fixed pre-hearing notice period. Once the motion is served, the respondent must file a response within 21 calendar days after service or the date a responsive pleading is due, whichever is later, the movant may reply within 14 calendar days after the response is served, and the motion cannot be heard until that cycle is complete; a local rule or court order can set different times (K.S.A. 60-256(c)(1)(B)-(C); Kansas Supreme Court Rule 141(b)-(c), (f)).
- 2
If you are the respondent, your response must address each of the movant's numbered uncontroverted facts as uncontroverted, uncontroverted for purposes of the motion only, or controverted, with supporting evidence for any fact you dispute (Kansas Supreme Court Rule 141(b)).
- 3
A Kansas summary judgment motion is not automatically granted just because the respondent does not answer. Even if the court deems the motion submitted under Rule 141(f)(2) and treats the movant's uncontroverted facts as admitted for purposes of the motion, the court must still find no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law (K.S.A. 60-256(c)(2)).
- 4
The current standard comes from a comprehensive rewrite effective July 1, 2010 that tracked the federal rules, re-enacted effective June 5, 2015; an intervening 2014 recodification act was held invalid in Solomon v. State, 303 Kan. 512 (2015). Kansas still uses the phrase genuine issue, not the modern federal genuine dispute wording.
- 5
The movant's supporting memorandum must state, in separately numbered paragraphs, the uncontroverted facts relied on with precise record citations, and any affidavits or declarations must be made on personal knowledge under K.S.A. 53-601 and K.S.A. 60-256(e)(1) (Kansas Supreme Court Rule 141(a)).
- 6
Kansas has no motion by the name no-evidence motion and no freestanding separate statement filed apart from the memorandum, but it allows a motion on all or part of a claim and an interlocutory summary judgment on liability alone even if the amount of damages is still disputed (K.S.A. 60-256(a)-(b), (d)(2)).
- 7
This page covers a motion for summary judgment only, not a motion to dismiss, not a motion to set aside a default judgment, and not a federal court motion, which follows Federal Rule of Civil Procedure 56. Attorney review is available before filing or responding.
Key decisions before you file
Before you file a Motion for Summary Judgment in Kansas, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Kansas Requirements for Motion for Summary Judgment
No Fixed Pre-Hearing Notice Period
Kansas sets no statutory notice period before a summary judgment hearing. A motion may be heard only after the response and reply cycle under Kansas Supreme Court Rule 141(f) is complete or the court deems the motion submitted because the response deadline was missed.
21-Calendar-Day Response Deadline
The opposing party must file a response within 21 calendar days after the motion is served or the date a responsive pleading is due, whichever is later, unless a local rule or court order sets a different time (K.S.A. 60-256(c)(1)(B); Kansas Supreme Court Rule 141(b)(2)).
14-Calendar-Day Reply Deadline
The movant may file a reply within 14 calendar days after the response is served, unless a local rule or court order sets a different time (K.S.A. 60-256(c)(1)(C); Kansas Supreme Court Rule 141(c)).
30-Day-After-Discovery Filing Cutoff
A party may move for summary judgment at any time until 30 days after the close of all discovery, unless a local rule or court order sets a different time (K.S.A. 60-256(c)(1)(A)).
Numbered Uncontroverted Facts Embedded in the Motion's Memorandum
The movant's memorandum must state, in separately numbered paragraphs, the uncontroverted facts relied on with precise record citations, functioning as Kansas's version of a separate statement (Kansas Supreme Court Rule 141(a)).
Paragraph-by-Paragraph Opposing Memorandum
The opposing memorandum must respond to each numbered paragraph as uncontroverted, uncontroverted for purposes of the motion only, or controverted, with supporting evidence for any disputed fact (Kansas Supreme Court Rule 141(b)).
Facts May Be Deemed Admitted If Response Is Missed
If the opposing party misses the 21-day response deadline, the court may deem the motion submitted and the movant's uncontroverted facts admitted for purposes of the motion (Kansas Supreme Court Rule 141(f)(2)), but summary judgment is entered only if appropriate and the movant must still be entitled to judgment as a matter of law (K.S.A. 60-256(c)(2), (e)(2)).
Interlocutory Summary Judgment on Liability Alone
A party may move for summary judgment on all or part of a claim, and the court may enter an interlocutory summary judgment on liability alone even if a genuine issue remains about the amount of damages (K.S.A. 60-256(a)-(b), (d)(2)).
Findings Required When Granting, Reasons Required When Denying
When granting summary judgment, the court must state its findings of fact and conclusions of law; when denying it, the court must state its reasons (Kansas Supreme Court Rule 141(g)).