Kansas Statutes 61-2904. Appearance; answer; counter-claim; affirmative defenses
Terms Used In Kansas Statutes 61-2904
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Summons: Another word for subpoena used by the criminal justice system.
(a) A defendant shall either appear, in person or by counsel, at the time and date set forth in the summons or file on or before such date a written answer. If the defendant appears and disputes the petition, the defendant shall file an answer not later than 14 days after the appearance date. The defendant shall promptly send a copy of the answer after filing to the plaintiff‘s attorney or the plaintiff, if no attorney. If the defendant is not represented by an attorney, the answer shall be signed by the defendant.
(b) The answer when filed shall state the following:
(1) What the dispute is;
(2) any affirmative defenses the defendant has to the claim; and
(3) the current address, phone number, fax phone number and electronic mail address for the defendant.
(c) If the defendant asserts a counterclaim against the plaintiff in the answer, the plaintiff may file a reply disputing the defendant’s counterclaim not later than 14 days after service of the defendant’s answer. The plaintiff’s reply shall comply with the requirements set forth in subsection (b). If the plaintiff does not file a reply, the plaintiff waives the right to present any dispute to the defendant’s counterclaim.
(d) Affirmative defenses are those listed in subsection (c) of Kan. Stat. Ann. § 60-208, and amendments thereto.
(e) The date the defendant is required to appear as set forth in the summons may be continued by the court upon request of either party in such manner as the court shall prescribe.