61-3301. Default judgment.
61-3301
61-3301. Default judgment.(a) Thecourt may enter a default judgment in the following situations:
(1) If a defendant fails to either appear or file a written answer on orbefore the timespecified in the summons, judgment may be entered against the defendant uponproof ofservice and at such time as the plaintiff requests same, without further noticeto the defendant.
(2) If a defendant fails to appear at the time set for a pretrial or trialhereunder,judgment may be entered against the defendant at the request of the plaintiffwithout furthernotice to the defendant.
(3) If the defendant has filed a counterclaim against the plaintiff and theplaintiff failsto appear at the time set for a pretrial or trial hereunder, judgment may beentered againstthe plaintiff at the request of the defendant without further notice to theplaintiff.
(b) A default judgment shall not be different in kind from or exceed theamount of the reliefsought in the demand for judgment.
(c) If a defendant seeks to set aside a default judgment for failure toappear at the timespecified in the summons, the defendant shall file a motion not more than 10days from thedate of such judgment in a lawsuit where the defendant was personally servedwith summonswithin the state, or not more than 45 days where service of summons was byother thanpersonal service within the state. If any party seeks to set aside any otherdefault judgment, that party shall file a motion not more than 10 days from thedate of such judgment. Anymotion to set aside a default judgment, except for the time limits setforth above, shall be inaccordance with the applicable provisions of subsection (b) of K.S.A. 60-260,and amendments thereto.
(d) In cases where no service is had, for good cause shown, the court may setaside a defaultjudgment pursuant to the applicable provisions of subsection (b) of K.S.A.60-260, and amendments thereto.
History: L. 2000, ch. 161, § 33; Jan. 1, 2001.