Kansas Motion for Relief from Judgment

Introduction

Key Things to Know

1. 1

   Kansas's rule is K.S.A. 60-260(b), relief from a judgment or order. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order or proceeding for the reasons the statute lists. The court decides, so relief is never automatic.

2. 2

   K.S.A. 60-260(b) lists six reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial; (3) fraud, whether previously called intrinsic or extrinsic, misrepresentation or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; and (6) any other reason that justifies relief. Reasons (1), (2) and (3) must be raised within a reasonable time and no more than one year after entry; reasons (4), (5) and (6) within a reasonable time. Name the paragraph that fits your facts.

3. 3

   A motion under subsection (b) must be made within a reasonable time, and for reasons under (b)(1), (2) and (3) no more than one year after the entry of the judgment or order, or the date of the proceeding. The reasonable-time requirement applies to every 60-260(b) motion, so delay can hurt even before a year has passed.

4. 4

   If the judgment was entered on service by publication in a newspaper, K.S.A. 60-309(a) lets you move, at any time within two years after its entry, for relief and to be allowed to defend. Before relief may be granted, you must serve the motion on the adverse party, file a full answer to the petition, pay all costs if the court requires, and satisfy the court by affidavit or a declaration under K.S.A. 53-601 that you had no actual notice of the action in time to appear.

5. 5

   Filing does not by itself stop enforcement. K.S.A. 60-260 says the motion does not affect the judgment's finality or suspend its operation. Under K.S.A. 60-262(b)(4), the court may, on appropriate terms for the opposing party's security, stay execution of the judgment or any proceedings to enforce it pending a 60-260 motion, so ask for a stay in writing.

6. 6

   Chapter 61 limited actions have short default deadlines under K.S.A. 61-3301(c). If a defendant seeks to set aside a default judgment for failure to appear at the time specified in the summons, the motion is due not more than 14 days from the date of the judgment where the defendant was personally served with summons within the state, or not more than 45 days where service of summons was by other than personal service within the state. A motion to set aside any other default judgment is due not more than 14 days from the date of the judgment. Apart from those time limits, the motion follows 60-260(b).

7. 7

   K.S.A. 60-260(d) preserves the court's power to entertain an independent action, to grant relief under 60-309 to a defendant who was not personally notified, and to set aside a judgment for fraud on the court; 60-260(e) abolishes bills of review and writs of coram nobis, coram vobis and audita querela. Under K.S.A. 60-255(b), a final default judgment may be set aside under 60-260(b) and 60-309. For a default judgment, also see /legal-document/set-aside-default/kansas.

Kansas Requirements for Motion to Vacate

• Motion Under K.S.A. 60-260(b)

  K.S.A. 60-260(b): on motion and just terms, the court may relieve a party from a final judgment, order or proceeding for the listed reasons. Relief is up to the court.

• Time Limits

  K.S.A. 60-260: a reasonable time for every 60-260(b) motion, and for reasons (b)(1), (2) and (3) no more than one year after entry of the judgment or order, or the date of the proceeding.

• Publication Service Relief

  K.S.A. 60-309(a): within two years after entry of a judgment on publication service, move for relief and to defend. Serve the motion, file a full answer, pay costs if required, and show by affidavit or K.S.A. 53-601 declaration no actual notice in time to appear.

• No Suspension; Discretionary Stay

  K.S.A. 60-260: the motion does not affect the judgment's finality or suspend its operation. K.S.A. 60-262(b)(4): the court may stay execution or enforcement pending a 60-260 motion, on appropriate terms for the opposing party's security.

• Limited Actions Defaults

  K.S.A. 61-3301(c): default for failure to appear at the time in the summons, not more than 14 days from judgment if personally served with summons in Kansas, otherwise not more than 45 days; any other default judgment, 14 days. Otherwise per 60-260(b).

• Independent Action Preserved

  K.S.A. 60-260(d): the court may entertain an independent action, grant 60-309 relief to a defendant not personally notified, or set aside a judgment for fraud on the court. 60-260(e) abolishes bills of review and writs of coram nobis, coram vobis and audita querela.

• Ground and Timeliness Statement

  Name the 60-260(b) paragraph or 60-309, the facts supporting it, the date of entry, and why the motion is within a reasonable time and any one-year or two-year limit that applies.