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Kansas Motion to Dismiss

In Kansas you move to dismiss a petition under K.S.A. 60-212(b) within 21 days, with a Rule 133 memorandum.

Introduction

In Kansas the pre-answer dismissal vehicle is a Motion to Dismiss enumerated directly in the Code of Civil Procedure at K.S.A. 60-212(b), part of Chapter 60. Kansas is statute-based rather than court-rule-based, and the statute tracks federal Rule 12(b) closely. It lets a defendant assert seven defenses by motion: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, failure to state a claim upon which relief can be granted, and failure to join a party under K.S.A. 60-219. The most common ground, failure to state a claim, sits at 60-212(b)(6), the Kansas analog to federal 12(b)(6). The motion must be made before pleading, within the same 21-day window the answer would be due after you are served with the summons and petition under K.S.A. 60-212(a)(1)(A)(i). It is filed in lieu of the answer at that stage, not in addition to it. Kansas Supreme Court Rule 133 requires a supporting memorandum stating your reasons and citing authorities, and K.S.A. 60-207(b) sets the motion form. The motion is filed in the District Court named in your summons. Missing the window means losing the chance to raise these defenses by motion before answering. DocDraft drafts a Kansas-formatted motion from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    The Kansas vehicle is a Motion to Dismiss under K.S.A. 60-212(b), enumerated directly in the Chapter 60 Code of Civil Procedure rather than a stand-alone court rule. The statute tracks federal Rule 12(b) almost verbatim.

  2. 2

    K.S.A. 60-212(b) lists seven defenses you may raise by motion: (1) lack of subject-matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under K.S.A. 60-219.

  3. 3

    The motion shares the answer window. It must be made before pleading, within 21 days after you are served with the summons and petition under K.S.A. 60-212(a)(1)(A)(i). Filing it replaces the answer at that stage rather than adding to it.

  4. 4

    A supporting memorandum is required by Kansas Supreme Court Rule 133(a): the motion or an accompanying memorandum must state the reasons for the motion and cite authorities the court should consider.

  5. 5

    Under Rule 133(b) an opposing memorandum is due no later than 7 days after the motion is served, unless a statute, rule, or the court provides otherwise. There is no statewide page limit in Rule 133 or K.S.A. 60-207; any page limit is set by local district court rule, so check your judicial district's rules.

  6. 6

    Failure to state a claim upon which relief can be granted, the most common ground, is found at K.S.A. 60-212(b)(6), the Kansas analog to federal Rule 12(b)(6).

  7. 7

    You file in the Kansas District Court, the trial court of general jurisdiction, named in your summons. Motion form is governed by K.S.A. 60-207(b), which requires the request to be in writing, state the grounds with particularity, and state the relief sought.

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

IN THE DISTRICT COURT OF __________ COUNTY, KANSAS

__________________________, Plaintiff,

v. Case No. __________

__________________________, Defendant.

MOTION TO DISMISS (K.S.A. 60-212(b))

Defendant __________, by and through undersigned counsel, moves the Court under K.S.A. 60-212(b) to dismiss Plaintiff's petition. This motion is made before the responsive pleading is due and in lieu of an answer, as permitted by K.S.A. 60-212(a) and (b). In support, Defendant states as follows.

I. GROUNDS

Defendant asserts the following defense(s) under K.S.A. 60-212(b):

____ (1) Lack of subject-matter jurisdiction (K.S.A. 60-212(b)(1)); ____ (2) Lack of personal jurisdiction (K.S.A. 60-212(b)(2)); ____ (3) Improper venue (K.S.A. 60-212(b)(3)); ____ (4) Insufficient process (K.S.A. 60-212(b)(4)); ____ (5) Insufficient service of process (K.S.A. 60-212(b)(5)); ____ (6) Failure to state a claim upon which relief can be granted (K.S.A. 60-212(b)(6)); ____ (7) Failure to join a party under K.S.A. 60-219 (K.S.A. 60-212(b)(7)).

[State with particularity the grounds for the order sought, as required by K.S.A. 60-207(b).]

II. MEMORANDUM IN SUPPORT

Under Kansas Supreme Court Rule 133(a), the reasons for this motion and the authorities the Court should consider are set forth in the accompanying Memorandum in Support, which is incorporated by reference.

[Set out the factual and legal basis for each ground asserted, with citation to authorities. Confirm any page-limit or proposed-order requirement under your judicial district's local rules.]

III. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court dismiss Plaintiff's petition and grant such other relief as the Court deems just and proper.

Respectfully submitted,

[Name] [Kansas Bar No., if applicable] [Address] [Telephone / Email] Attorney for Defendant / Defendant Pro Se

CERTIFICATE OF SERVICE

I certify that on ______, 20, a true and correct copy of the foregoing Motion to Dismiss and accompanying Memorandum in Support was served on all parties of record by [method of service] in accordance with the Kansas Code of Civil Procedure.

[Name]

Kansas Requirements for Motion to Dismiss

File the motion within the 21-day answer window

Under K.S.A. 60-212(a)(1)(A)(i) and 60-212(b), the Motion to Dismiss must be made before pleading, within 21 days after you are served with the summons and petition. The motion is filed in lieu of the answer at that stage.

File in the Kansas District Court named in your summons

The K.S.A. 60-212(b) motion is filed in the District Court, the Kansas trial court of general jurisdiction, identified in the summons you received. General civil actions proceed under the Chapter 60 Code of Civil Procedure.

Select your K.S.A. 60-212(b) grounds

K.S.A. 60-212(b) permits seven defenses by motion: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, failure to state a claim upon which relief can be granted, and failure to join a party under K.S.A. 60-219.

Use failure to state a claim under 60-212(b)(6) where applicable

Failure to state a claim upon which relief can be granted is at K.S.A. 60-212(b)(6), the Kansas analog to federal Rule 12(b)(6). It tests whether the petition states a legally sufficient claim.

Include a supporting memorandum under Rule 133

Kansas Supreme Court Rule 133(a) requires the motion or an accompanying memorandum to state the reasons for the motion and cite the authorities the court should consider in ruling.

State the grounds and relief in proper motion form

K.S.A. 60-207(b) requires the request to be in writing, state with particularity the grounds for seeking the order, and state the relief sought.

Track the 7-day opposing-memorandum timeline

Under Kansas Supreme Court Rule 133(b), an opposing memorandum is due no later than 7 days after the motion is served, unless a statute, rule, or the court provides otherwise. There is no statewide page limit in Rule 133 or K.S.A. 60-207; check your judicial district's local rules for any page limit or proposed-order requirement.

Serve the motion and certify service

Serve the Motion to Dismiss and supporting memorandum on all parties of record under the Kansas Code of Civil Procedure and include a certificate of service. Local district court rules may add conferral or service requirements, so confirm your judicial district's rules.

Frequently Asked Questions

File a written Motion to Dismiss under K.S.A. 60-212(b) in the District Court named in your summons before you answer the petition. K.S.A. 60-207(b) requires the motion to be in writing, state the grounds with particularity, and state the relief sought. Kansas Supreme Court Rule 133(a) requires the motion or an accompanying memorandum to state your reasons and cite authorities.

The motion must be made before pleading, within the same window the answer would be due: 21 days after you are served with the summons and petition, under K.S.A. 60-212(a)(1)(A)(i). The motion is filed in lieu of the answer at that stage rather than in addition to it.

The ground raised most often is failure to state a claim upon which relief can be granted, K.S.A. 60-212(b)(6): even with every allegation taken as true, the petition states no legal claim. The statute lists seven defenses you may raise by motion, the others being lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, and failure to join a party under K.S.A. 60-219.

K.S.A. 60-212 and Kansas Supreme Court Rule 133 do not impose a statewide meet-and-confer requirement as a precondition to filing. Rule 133(c) governs requests for oral argument, which is a hearing mechanic rather than a pre-filing conference. Local district court rules may add conferral obligations, so check your judicial district's rules.

The case continues, and you must then file your responsive pleading. Because the K.S.A. 60-212(b) motion is made before pleading and in lieu of the answer, the court sets the time to answer after ruling. Confirm the answer deadline in the court's order or your local district court rules.

File in the Kansas District Court, the trial court of general jurisdiction, named in the summons you received. General civil actions proceed under the Chapter 60 Code of Civil Procedure, and the K.S.A. 60-212(b) motion is filed in that District Court.