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Rule 118
Commencement of Actions, Pleadings, and Related Matters

Pleading of Unliquidated Damages

(a) In any action in which a pleading contains a demand for money damages as provided in K.S.A. 60-208(a) and amendments thereto, the party against whom relief is sought may serve on the party seeking relief a written request of the actual amount of monetary damages being sought in the action. Within fourteen (14) days following service of the request, the party seeking relief shall serve the adversary with a written statement of the total amount of monetary damages being sought in the action and at the same time shall cause a copy of the written statement to be filed in the action. The amount recited in the written statement may be amended downward at any time prior to the action being submitted to the trier of facts for determination. The amount recited in the written statement may be amended upward if the judge hearing a motion to amend the amount recited in the written statement is satisfied the reasons recited in the motion justify the amendment.

(b) Written statements filed pursuant to subsection (a) shall not be admitted in evidence at jury trial or referred to in the presence of the jury. The final amount claimed may be disclosed to the jury, but earlier amounts claimed, and whether the claim has been amended, shall not be referred to in the presence of the jury.

(c) If the judge, upon the judge's or a party's motion finds the amount of damages sought, as recited in the last written statement filed under (a) above, was frivolously chosen by the party filing same, the judge shall apportion the costs as justice requires.

(d) Before any default judgment is taken in any action contemplated by this rule, the party seeking relief must notify the party against whom relief is sought of the amount of money for which judgment will be taken. Said notice shall be given by certified mail, return receipt requested, or as the court may order, at least fourteen (14) days prior to the date judgment is sought. Proof of service shall be filed and submitted to the court.

[History: Am. effective September 14, 1978; Am. effective February 1, 1988; Am. effective March 5, 1991; (a) Am. effective March 11, 1999; (a) Am. effective May 28, 1999; Am effective September 8, 2006; Am. effective July 1, 2010.]