K.S.A. 60-256.Summary judgment

Last amended January 1, 2015 · Last verified July 28, 2026

In one sentenceKansas Rule 60-256 lets either a claiming or defending party move for summary judgment on all or part of a claim, sets filing and response deadlines, and requires the movant to show there's no genuine issue of material fact and that it's entitled to judgment as a matter of law.

Full Text of K.S.A. 60-256

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) By a claiming party. A party claiming relief may move, with or without supporting affidavits or supporting declarations pursuant to K.S.A. 53-601, and amendments thereto, for summary judgment on all or part of the claim.

(b) By a defending party. A party against whom relief is sought may move, with or without supporting affidavits or supporting declarations pursuant to K.S.A. 53-601, and amendments thereto, for summary judgment on all or part of the claim.

(1) These times apply unless a different time is set by local rule or the court orders otherwise:

(A) A party may move for summary judgment at any time until 30 days after the close of all discovery;

(B) a party opposing the motion must file a response within 21 days after the motion is served or a responsive pleading is due, whichever is later; and

(2) The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits or declarations show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.

(d) Case not fully adjudicated on the motion.

(1) Establishing facts. If summary judgment is not rendered on the whole action, the court should, to the extent practicable, determine what material facts are not genuinely at issue. The court should so determine by examining the pleadings and evidence before it and by interrogating the attorneys. It should then issue an order specifying what facts, including items of damages or other relief, are not genuinely at issue. The facts so specified must be treated as established in the action.

(2) Establishing liability. An interlocutory summary judgment may be rendered on liability alone, even if there is a genuine issue on the amount of damages.

(e) Affidavits or declarations; further testimony.

(1) In general. A supporting or opposing affidavit or declaration must be made on personal knowledge, set out facts that would be admissible in evidence and show that the affiant or declarant is competent to testify on the matters stated. If a paper or part of a paper is referred to in an affidavit or declaration, a sworn or certified copy must be attached to or served with the affidavit or declaration. The court may permit an affidavit or declaration to be supplemented or opposed by depositions, answers to interrogatories or additional affidavits or declarations.

(2) Opposing party's obligation to respond. When a motion for summary judgment is properly made and supported, an opposing party may not rely merely on allegations or denials in its own pleading; rather, its response must, by affidavits or by declarations pursuant to K.S.A. 53-601, and amendments thereto, or as otherwise provided in this section, set out specific facts showing a genuine issue for trial. If the opposing party does not so respond, summary judgment should, if appropriate, be entered against that party.

(f) When affidavits or declarations are unavailable. If a party opposing the motion shows by affidavit or by declaration pursuant to K.S.A. 53-601, and amendments thereto, that, for specified reasons, it cannot present facts essential to justify its opposition, the court may:

(1) Deny the motion;

(2) order a continuance to enable affidavits or declarations to be obtained, depositions to be taken or other discovery to be undertaken; or

(3) issue any other just order.

(g) Affidavits or declarations submitted in bad faith. If satisfied that an affidavit or declaration under this section is submitted in bad faith or solely for delay, the court must order the submitting party or attorney to pay the other party the reasonable expenses, including attorney's fees, it incurred as a result. An offending party or attorney may be held in contempt.

End

Amendment History

L. 1963, ch. 303, 60-256; L. 1986, ch. 215, § 11; L. 1987, ch. 218, § 5; L. 1997, ch. 173, § 29; L. 2007, ch. 190, § 18; L. 2010, ch. 135, § 129; L. 2014, ch. 82, § 34; L. 2015, ch. 81, § 22; June 5. Revisor's Note: L. 2014, ch. 82, was held to be an invalid enactment, see Solomon v. State, 303 Kan. 512, 364 P.3d 536 (2015).

Revisor's Note

L. 2014, ch. 82, was held to be an invalid enactment, see Solomon v. State, 303 Kan. 512, 364 P.3d 536 (2015).

Plain-English Summary

Subsections (a) and (b) give both sides the same tool: a party claiming relief, or a party defending against it, can move for summary judgment on all or part of the claim, with or without supporting affidavits or declarations under K.S.A. 53-601. Subsection (c) sets the default timetable, which a local rule or court order can override: a motion can be filed any time until 30 days after discovery closes, a response is due 21 days after the motion is served or the responsive pleading is due, whichever is later, and a reply is due 14 days after the response. The standard itself hasn't changed from the traditional formula — judgment should be rendered if the pleadings, discovery and disclosure materials, and any affidavits or declarations show no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Subsection (d) covers what happens when the whole case isn't resolved: the court should, where practical, pin down which material facts aren't in dispute, by examining the pleadings and evidence and questioning the attorneys, then issue an order specifying those undisputed facts, which are treated as established for the rest of the case. The court can also grant an interlocutory summary judgment on liability alone, even while the amount of damages remains in dispute.

Subsection (e) requires supporting or opposing affidavits and declarations to rest on personal knowledge and set out facts that would be admissible in evidence, with sworn or certified copies attached for any referenced paper. Once a motion is properly made and supported, the opposing party can't just rest on its pleadings — it has to set out specific facts showing a genuine issue for trial, or risk summary judgment being entered against it. Subsection (f) gives an opposing party who can't yet marshal the facts it needs a way out: the court can deny the motion, order a continuance for more discovery, or issue another just order. Subsection (g) has real teeth for bad faith — a court that finds an affidavit or declaration was submitted in bad faith or solely to cause delay must order the submitting party or attorney to pay the other side's reasonable expenses, including attorney's fees, and can hold the offender in contempt. The rule's own history notes that a 2014 legislative enactment affecting this section was later held to be an invalid enactment by the Kansas Supreme Court.

Frequently Asked Questions

How long do I have to file a motion for summary judgment in Kansas?

Any time until 30 days after the close of all discovery, unless a local rule or the court sets a different time.

What must a party opposing summary judgment do under Rule 60-256?

It can't rely merely on the allegations or denials in its own pleading. It must set out specific facts, through affidavits, declarations, or other evidence the rule allows, showing a genuine issue for trial.

Can a Kansas court grant summary judgment on liability without deciding the damages amount?

Yes. Subsection (d)(2) allows an interlocutory summary judgment on liability alone even if there's a genuine issue about the amount of damages.

What if I can't get the affidavits together in time to oppose a summary judgment motion?

Subsection (f) lets the court deny the motion, order a continuance so affidavits, declarations, depositions, or other discovery can be obtained, or issue any other just order, if you show by affidavit or declaration why you can't yet present the essential facts.

What happens if a party submits a bad-faith affidavit to support or oppose summary judgment?

Subsection (g) requires the court to order that party or its attorney to pay the other side's reasonable expenses, including attorney's fees, and allows the court to hold the offender in contempt.

Source & verification. Section text is reproduced verbatim from the Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026. · Official source

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