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Current as of January 01, 2025 | Updated by Findlaw Staff
No tort claim or reference to a tort claim for punitive damages shall be included in a petition or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed. The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim pursuant to K.S.A. 60-209, and amendments thereto. The court shall not grant a motion allowing the filing of an amended pleading that includes a claim for punitive damages if the motion for such an order is not filed on or before the date of the final pretrial conference held in the matter.
Cite this article: FindLaw.com - Kansas Statutes Chapter 60. Procedure, Civil § 60-3703. Filing an amended pleading to claim punitive damages - last updated January 01, 2025 | https://codes.findlaw.com/ks/chapter-60-procedure-civil/ks-st-sect-60-3703/
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