60-215. Amended and supplemental pleadings.
60-215
60-215. Amended and supplemental pleadings.(a) Amendments. A party may amend the party's pleading once asa matter ofcourse at any time before a responsive pleading is served or, if thepleading is one to which no responsive pleading is permitted and the actionhas not been placed upon the trial calendar, the party may so amendit at any timewithin 20 days after it is served. Otherwise a party mayamend the party'spleading only by leave of court or by written consent of the adverse party;and leave shall be freely given when justice so requires. A party shallplead in response to an amended pleading within the time remaining forresponse to the original pleading or within 20 days afterserviceof the amended pleading, whichever period may be the longer, unless thecourt otherwise orders.
(b) Amendments to conform to the evidence. When issues not raisedby the pleadings are tried by express or implied consent of the parties,they shall be treated in all respects as if they had been raised in thepleadings. Such amendment of the pleadings as may be necessary to causethem to conform to the evidence and to raise these issues may be made atany time, even after judgment; but failure so to amend does not affectthe result of the trial of these issues. If evidence is objectedto at the trial on the ground that it is not within the issues made by thepleadings, the court may allow the pleadings to be amended and shall do sofreely when the presentation of the merits of the action will be subservedthereby and the objecting party fails to satisfy the court that theadmission of such evidence would prejudice the party in maintaining the party's action ordefense upon the merits. The court may grant a continuance to enable theobjecting party to meet such evidence.
(c) Relation back of amendments. An amendment of apleading relates back to the date of the original pleading when:
(1) The claim or defenseasserted in the amended pleading arose out of the conduct, transaction, oroccurrence set forth or attempted to be set forth in the original pleading; or
(2) the amendment changes the party or the naming ofthe party against whom a claim is assertedif the foregoing provision (1) is satisfied and, within the periodprovided bylaw for commencing the action against the party including the periodfor service of process under K.S.A. 60-203 and amendments thereto, the partyto be brought inbyamendment: (A) Has received such notice of the institution of theactionthat the party would not be prejudiced in maintaining adefense on the merits;and (B) knew or should have known that, but for a mistakeconcerning theidentity of the proper party, the action would have been brought against the party.
(d) Supplemental pleadings. Upon motion of a party the court may,upon reasonable notice and upon such terms as are just, permit theparty to servea supplemental pleading setting forth transactions or occurrences or eventswhich have happened since the date of the pleading sought to besupplemented. Permission may be granted even though the original pleadingis defective in its statement of a claim for relief or defense. If thejudge deems it advisable that the adverse party plead to the supplementalpleading, the judge shall so order, specifying the time therefor.
History: L. 1963, ch. 303, 60-215; amended by SupremeCourt order dated July 17, 1969;L. 1997, ch. 173, § 8; July 1.