60-254. Judgments.
60-254
60-254. Judgments.(a) Definition. A judgment is the final determination of the rightsof the parties in an action.
(b) Judgment upon multiple claims. When more than one claim forrelief is presented in an action, whether as a claim, counterclaim,cross-claim or third-party claim or, when multiple parties are involved,the court may direct the entry of a final judgment as to one or more butfewer than all of the claims or parties only upon an express determinationthat there is no just reason for delay and upon an express direction forthe entry of judgment. In the absence of such determination and direction,any order or other form of decision, however designated, which adjudicatesfewer than all the claims or the rights and liabilities of fewer than allthe parties shall not terminate the action as to any of the claims orparties, and the order or other form of decision is subject to revision atany time before the entry of judgment adjudicating all the claims and therights and liabilities of all the parties.
(c) Demand for judgment. A judgment by default shall not bedifferent in kind from or exceed in amount that prayed for in the demandfor judgment. Before any default judgment is taken in any action in whicha pleading contains a demand for money damages in excess of$75,000 asprovided in subsection (a) of K.S.A. 60-208 and amendments thereto, theparty seeking relief must notify the party against whom relief is sought ofthe amount of money for which judgment will be taken. Notice shall begiven by certified mail, return receipt requested, or as the court mayorder, at least 10 days prior to the date judgment is sought. Proof ofservice shall be filed and submitted to the court. Except as to a partyagainst whom a judgment is entered bydefault, every final judgment shall grant the relief to which the party inwhose favor it is rendered is entitled, even if the party has not demandedsuch relief in such party's pleadings.
History: L. 1963, ch. 303, 60-254; L. 1973, ch.233, § 1;L. 1986, ch. 215, § 10;L. 1990, ch. 203, § 2;L. 1997, ch. 173, § 28; July 1.