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60-206. Time, computation and extension; accessibility of court; definitions; extension or suspension of computation rules or time limitations by chief justice. (a) Computing time. The following provisions apply in computing any time period specified in this chapter, in any local rule or court order or in any statute or administrative rule or regulation that does not specify a method of computing time.

(1) Period stated in days or a longer unit. When the period is stated in days or a longer unit of time:

(A) Exclude the day of the event that triggers the period;

(B) count every day, including intermediate Saturdays, Sundays and legal holidays; and

(C) include the last day of the period, but if the last day is a Saturday, Sunday or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday or legal holiday.

(2) Period stated in hours. When the period is stated in hours:

(A) Begin counting immediately on the occurrence of the event that triggers the period;

(B) count every hour, including hours during intermediate Saturdays, Sundays and legal holidays; and

(C) if the period would end on a Saturday, Sunday or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday or legal holiday.

(3) Inaccessibility of the clerk's office. Unless the court orders otherwise, if the clerk's office is inaccessible:

(A) On the last day for filing under subsection (a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday or legal holiday; or

(B) during the last hour for filing under subsection (a)(2), then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday or legal holiday.

(4) "Last day" defined. Unless a different time is set by a statute, local rule or court order, the last day ends:

(A) For electronic or telefacsimile filing, at midnight in the court's time zone; and

(B) for filing by other means, when the clerk's office is scheduled to close.

(5) "Next day" defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.

(6) "Legal holiday" defined. "Legal holiday" means any day declared a holiday by the president of the United States, the congress of the United States or the legislature of this state, or any day observed as a holiday by order of the Kansas supreme court. A half holiday is considered as other days and not as a holiday.

(b) Extending time. (1) In general. When an act may or must be done within a specified time, the court may, for good cause, extend the time:

(A) With or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or

(B) on motion made after the time has expired if the party failed to act because of excusable neglect.

(2) Exceptions. A court must not extend the time to act under K.S.A. 60-250(b), 60-252(b), 60-259(b), (e) and (f) and 60-260(b), and amendments thereto.

(c) Motions, notices of hearing and affidavits or declarations. (1) In general. A written motion and notice of the hearing must be served at least seven days before that time specified for the hearing with the following exceptions:

(A) When the motion may be heard ex parte;

(B) when these rules set a different time; or

(C) when a court order, which a party may, for good cause, apply for ex parte, sets a different time.

(2) Supporting affidavit or declaration. Any affidavit or declaration pursuant to K.S.A. 53-601, and amendments thereto, supporting a motion must be served with the motion. Except as otherwise provided in K.S.A. 60-259(d), and amendments thereto, any opposing affidavit or declaration must be served at least one day before the hearing, unless the court permits service at another time.

(d) Additional time after certain kinds of service. When a party may or must act within a specified time after being served and service is made under K.S.A. 60-205(b)(2)(C) (mail), or (D) (leaving with the clerk), and amendments thereto, three days are added after the period would otherwise expire under subsection (a).

(e) Extension or suspension of deadlines during times of emergency. The chief justice of the Kansas supreme court may issue an order to extend or suspend computation rules or time limitations established in this section pursuant to K.S.A. 2023 Supp. 20-172, and amendments thereto.

History: L. 1963, ch. 303, 60-206; L. 1988, ch. 207, § 1; L. 1988, ch. 206, § 1; L. 1988, ch. 208, § 1; L. 1997, ch. 173, § 3; L. 2005, ch. 183, § 1; L. 2007, ch. 190, § 16; L. 2010, ch. 135, § 73; L. 2011, ch. 48, § 4; L. 2017, ch. 75, § 2; L. 2020, ch. 4, § 3; March 19.

Source or prior law:

(a). G.S. 1868, ch. 80, § 722; L. 1909, ch. 182, § 747; R.S. 1923, 60-3819; L 1943, ch. 216, §§ 1, 2.

(b). G.S. 1868, ch. 80, § 106; L. 1909, ch. 182, § 108; R.S. 1923, 60-727.

(c). G.S. 1868, ch. 80, § 568; L. 1909, ch. 182, § 596; R.S. 1923, 60-3007.

(d). G.S. 1868, ch. 80, §§ 105, 315, 534; L. 1870, ch. 87, § 10; L. 1871, ch. 116, § 5; L. 1909, ch. 182, §§ 107, 313, 558; R.S. 1923, 60-722, 60-726, 60-2932.

Revisor's Note:

Section was also amended by L. 2010, ch. 11, § 14, but that version was repealed by L. 2010, ch. 135, § 225.

Cross References to Related Sections:

Defenses and objections, see 60-212.

Amendment of findings by the court, see 60-252(b).

Jury trial of right, demand, see 60-238(b).

Motion for judgment as a matter of law, see 60-250.

New trial, see 60-259.

Relief from judgment or order, see 60-260.

Service and filing of pleadings and other papers, see 60-205.

Summary judgment, see 60-256.

Law Review and Bar Journal References:

"Some Comments on the New Code of Civil Procedure," Emmet A. Blaes, 12 K.L.R. 75, 80 (1963).

Paragraph (a) mentioned in 1963-65 survey of civil practice, Earl B. Shurtz, 14 K.L.R. 171, 172 (1965).

Developments in debtor-creditor law between 1965 and 1969, Robert B. Morton, 18 K.L.R. 351, 381 (1970).

Subsections (a) and (e) mentioned in "Rules of Appellate Procedure Eight Years Later," John F. Fontron, 41 J.B.A.K. 205, 207 (1972).

Constitutionality of certain provisions of forcible entry and detainer law, Russell Read, 21 K.L.R. 71, 78 (1972).

"Survey of Kansas Law: Civil Procedure," Jerry G. Elliott, 27 K.L.R. 185, 189 (1979).

"42 U.S.C. § 649 and the Kansas Order of Garnishment," James R. Russell, 48 J.B.A.K. 37, 48 (1979).

"Survey of Kansas Law: Taxation," Sandra Craig McKenzie and Virginia Ratzlaff, 33 K.L.R. 71, 90 (1984).

"Practical Considerations-Extension For Service Of Process," Robert Telthorst, J.K.T.L.A. Vol. XVI, No. 4, 21 (1993).

"Removal to Federal Court: The Practitioner's Tightrope," Charles W. Hyland, 63 J.K.B.A. No. 9, 22, 27 (1994).

"Challenging and Defending Agency Actions in Kansas," Steve Leben, 64 J.K.B.A. No. 5, 22, 36 (1995).

"Worker's Compensation Review," J.K.T.L.A. Vol. XX, No. 2, Review Section, 27 (1996).

"Kansas Appellate Advocacy: An Inside View of Common-Sense Strategy," Patrick Hughes, 66 J.K.B.A. No. 2, 26 (1997).

"A practitioner's guide to summary judgment Part 1," Robert W. Parnacott, 67 J.K.B.A. No. 10, 36 (1998).

"A practitioner's guide to summary judgment Part II," Robert W. Parnacott, 68 J.K.B.A. No. 1, 30 (1999).

"Criminal Procedure Survey of Recent Cases," 50 K.L.R. 901 (2002).

"A Species unto themselves: Professional disciplinary actions," Mary Feighny and Camille Nohe, 71 J.K.B.A. No. 6, 29 (2002).

"2005 Legislative Wrap Up," James W. Clark, 74 J.K.B.A. No. 7, 22 (2005).

"What Constitutes Excusable Neglect? A Guide for the Kansas Federal & State Practitioner", Steven W. Allton, John W. Broomes, 77 J.K.B.A. No. 5, 6 (2008).

"Attorney Withdrawals: The Need for a Clean Break", Hon. Steve Leben, Kansas Court of Appeals, 77 J.K.B.A. No. 5, 20 (2008).

"Kansas Judicial Council Report: Proposed Amendments to Time-Computation Methods in K.S.A. 60-206," Nancy J. Strouse, 78 J.K.B.A. No. 10, 20 (2009).

"Workers Compensation Review," Joseph Seiwert, Editor, 33 J.K.A.J., No. 6, 31 (2010).

"Workers Compensation Review," Joseph Seiwert, Editor, 34 J.K.A.J., No. 3, 23 (2011).

Attorney General's Opinions:

Dismissal and suspension of deputy by sheriff; meaning of "days." 94-49.

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-722, 60-726, 60-727, 60-2932, 60-3007, 60-3819, 60-3819a, 60-3827 and the 1961 Supp. thereto.

1. Applied; computation of time when notice served by mail. Wheat State Telephone Co. v. State Corporation Commission, 195 K. 268, 270, 272, 403 P.2d 1019.

2. When paragraphs (a) and (e) are combined with 66-118 (c), only the first day of combined period is excluded. Wheat State Telephone Co. v. State Corporation Commission, 195 K. 268, 270, 271, 403 P.2d 1019.

3. Mentioned; amendment of sheriff's return after judgment disallowed; prejudice to substantial rights of parties. Transport Clearing House, Inc. v. Rostock, 202 K. 72, 80, 447 P.2d 1.

4. Section inapplicable to provisions relating to time elapsing between notice and hearing under 12-708. Carson v. McDowell, 203 K. 40, 43, 452 P.2d 828; 203 K. 138, 452 P.2d 831.

5. Paragraph (c) mentioned; expiration of term of court does not affect its power to do any act or hear any proceeding in civil action pending before it. Wichita City Teachers Credit Union v. Rider, 203 K. 552, 555, 456 P.2d 42.

6. Under facts proper for court to permit filing of garnishment answer out of time. Boyce v. Boyce, 206 K. 53, 55, 476 P.2d 625.

7. Subsection (e) applied to Sup. Ct. Rule No. 6 (p). State v. Nelson, 208 K. 404, 405, 406.

8. Subsection (c) mentioned; no abuse of discretion in trial court's refusal to set aside summary judgment. Lee v. Brown, 210 K. 168, 170, 499 P.2d 1076.

9. Construction referred to; motion to set aside default judgment under 60-260 sustained; abuse of discretion. Reliance Insurance Companies v. Thompson-Hayward Chemical Co., 214 K. 110, 116, 519 P.2d 730.

10. Contention of entitlement to 5 days' notice before invoking 21-4504 not upheld; reasonable notice required. State v. Meyers, 215 K. 600, 604, 527 P.2d 1053.

11. Mentioned in holding that application for review and redetermination of assigned contribution rates under 44-710b timely filed. Bill George Chrysler-Plymouth, Inc. v. Carlton, 216 K. 365, 368, 532 P.2d 1351.

12. Section not applicable to computation of time; private contract between parties involved. Barnes v. Gideon, 1 K.A.2d 517, 519, 521, 571 P.2d 42.

13. Applied; appeal not filed within time prescribed by 60-2103; dismissed. Kittle v. Owen, 1 K.A.2d 748, 749, 573 P.2d 1115.

14. A special statute relating to particular persons or things takes precedence over general statute. Stanton v. KCC, 2 K.A.2d 228, 229, 577 P.2d 1201.

15. Section applicable to "Waiver of Statute of Limitations Agreement"; the word "until" held to be inclusive, not exclusive, of date mentioned. Barnes v. Gideon, 224 K. 6, 578 P.2d 685.

16. Section complied with; service of process sufficient. McCall v. Lewis, 3 K.A.2d 22, 23, 592 P.2d 469.

17. Court on own motion may set aside its previous refusal to set aside default judgment and order new trial. Daniels v. Chaffee, 230 K. 32, 41, 42, 630 P.2d 1090 (1981).

18. Subsection (a) applied to appeal from order of the board of tax appeals; appeal improperly dismissed. Quivira Falls Community Ass'n v. Johnson County, 230 K. 350, 353, 634 P.2d 1115 (1981).

19. District court without jurisdiction to enlarge appeal period of 26-508. City of Kansas City v. Crestmoore Downs, Inc., 7 K.A.2d 515, 516, 517, 518, 644 P.2d 494 (1982).

20. Subsection (e) held not to apply, since presentation of claims, assertion of defenses and presentation of evidence were all precluded. Binyon v. Nesseth, 231 K. 381, 385, 646 P.2d 1043 (1982).

21. Severance of parental rights invalid for lack of adequate notice and because relief granted by default was not requested in pleadings. Sweetser v. Sweetser, 7 K.A.2d 463, 465, 643 P.2d 1150 (1982).

22. Computation of time when date fell on Sunday applied. Miller v. City of Overland Park, 231 K. 557, 558, 646 P.2d 1114 (1982).

23. In garnishment proceedings if the 20-day period within which plaintiff could contest the garnishee's answer has passed, the plaintiff is precluded from testing the sufficiency of the answer. Kansas Sand & Concrete, Inc. v. Lewis, 8 K.A.2d 91, 96, 97, 650 P.2d 718 (1982).

24. Where last day of period for trial falls hereunder, statute applicable to agreement on detainers (22-4401 et seq.). State v. White, 234 K. 340, 673 P.2d 1106 (1983).

25. When notice of school board's decision not to rehire is mailed, time for appeal begins and three-day extension for service by mail applies. Atkinson v. U.S.D. No. 383, 9 K.A.2d 175, 178, 675 P.2d 917 (1984).

26. Subsection (e) applicable where notice not to renew teacher's contract under 72-5443 submitted by mail. Atkinson v. U.S.D. No. 383, 235 K. 793, 799, 684 P.2d 424 (1984).

27. Excusable neglect is nebulous term not susceptible to exact definition; must be determined on case-by-case basis. Bank of Whitewater v. Decker Investments, Inc., 238 K. 308, 315, 710 P.2d 1258 (1985).

28. Time periods in (a) and (e) applicable to Supreme Court Rule 141. Munkers v. Pomerenke, 11 K.A.2d 569, 571, 572, 730 P.2d 360 (1986).

29. Subsection (b) cited; 60-205(e) does not include leaving papers at absent judge's office; other exceptions noted. Tobin Constr. Co. v. Kemp, 239 K. 430, 434, 437, 721 P.2d 278 (1986).

30. Cited; ten-day requirement in 60-718(c) not applicable to claim of exemption from garnishment. Bartlett Cooperative Ass'n v. Patton, 239 K. 628, 630, 722 P.2d 551 (1986).

31. Cited; circumstances in which untimely appeal may be maintained in interest of justice (60-2103) examined. Schroeder v. Urban, 242 K. 710, 711, 750 P.2d 405 (1988).

32. Time for filing postjudgment motions or appeals begins on compliance with 60-258; time extended hereby when entry of judgment mailed. Danes v. St. David's Episcopal Church, 242 K. 822, 827, 752 P.2d 653 (1988).

33. Cited; petition for review of BOTA order (74-2426, 77-613) served by mail as including additional time herein examined. In re Tax Appeal of Newton Country Club Co., 12 K.A.2d 638, 640, 753 P.2d 304 (1988).

34. Effect of Kansas legal holidays on time to file notice of appeal in federal court examined. In re Cascade Oil Co., 848 F.2d 1062 (10 th Cir. 1988).

35. Cited where adequacy of teacher's notice of appeal (60-2101) to school board (72-5443) determined. Butler v. U.S.D. No. 440, 244 K. 458, 460, 769 P.2d 651 (1989).

36. Cited in holding that 60-225 does not authorize ex parte motions for substitutions. Army Nat'l Bank v. Equity Developers, Inc., 245 K. 3, 11, 774 P.2d 919 (1989).

37. Chapter 59 as containing no procedures for notice of contested guardian ad litem fees noted; rules in civil cases apply. In re Guardianship of K.M.W., 13 K.A.2d 640, 646, 777 P.2d 1274 (1989).

38. Specific provisions of 60-203 as controlling over 60-206 examined. Read v. Miller, 14 K.A.2d 274, 276, 788 P.2d 883 (1990).

39. Specific provisions found in 60-203 control over general provisions herein for enlargement of time. Read v. Miller, 247 K. 557, 560, 802 P.2d 528 (1990).

40. Period for timely filing notice of appeal from judgment of magistrate court (22-3609a) examined. State v. Wilson, 15 K.A.2d 308, 311, 808 P.2d 434 (1991).

41. Cited in holding that procedure set forth in 60-3703 regarding claim for punitive damages is a requirement for allowing motion. Sullwood v. Barcus, 17 K.A.2d 410, 414, 838 P.2d 908 (1992).

42. Mailing entry of judgment extends time for filing postjudgment motions and appeal by three days. Marinhagen v. Boster, Inc. 17 K.A.2d 532, 536, 840 P.2d 534 (1992).

43. Cited; mortgagee's right to rents and profits examined. Hoelting Enterprises v. Trailridge Investors, L.P., 17 K.A.2d 777, 782, 844 P.2d 745 (1993).

44. Fact that garnishee filed answer one day out of time set in garnishment order not significant. McCoy v. Lafaut, 813 F.Supp. 1508, 1509, 1513, 1514 (1993).

45. Effect of mailing judgment on deadline for filing postjudgment motions and appeals examined. Hundley v. Pfuetze, 18 K.A.2d 755, 758, 759, 858 P.2d 1244 (1993).

46. Whether defendant timely filed notice of appeal of judge's refusal to modify sentence examined. State v. Ji, 255 K. 101, 107, 109, 111, 872 P.2d 748 (1994).

47. Whether statute should be used to compute time requirements unless statute expressly provides otherwise examined. State v. Johnson, 19 K.A.2d 315, 316, 321, 868 P.2d 555 (1994).

48. Whether extension for service when notice of termination given by mail applies making claim timely examined. Francis v. U.S.D. No. 457, 19 K.A.2d 476, 479, 871 P.2d 1297 (1994).

49. Method of calculating statute of limitations period reviewed. Hamner v. BMY Combat Systems, 869 F.Supp. 888, 892 (1994).

50. Whether time for filing cross-appeal after premature notice of appeal filed runs from entry of final judgment examined. In re D.B.S., 20 K.A.2d 438, 461, 888 P.2d 875 (1995).

51. Whether first day following period tolled by soldiers and sailors civil relief act (50 USCA 501 et seq.) is excluded in calculating time for limitations purposes examined. Hamner v. BMY Combat Systems, 874 F.Supp. 322, 323 (1995).

52. Three-day mailing rule applies to statutory duty of the state to timely object to DOC guidelines report. State v. Hunt, 21 K.A.2d 674, 675, 906 P.2d 183 (1995).

53. Cited; trial court has authority to continue child support through school year during which child becomes 19. In re Marriage of Bunting, 259 K. 404, 408, 912 P.2d 165 (1996).

54. Appeal by prosecution under juvenile offenders code of dismissal untimely filed. In re J.D.B., 259 K. 872, 875, 915 P.2d 69 (1996).

55. A mechanic's lienholder must act to defend its lien in foreclosure action to toll subsection (a)'s one-year time limit. Columbia Savings Ass'n v. McPheeters, 21 K.A.2d 919, 920, 911 P.2d 187 (1996).

56. Appeal of workers compensation order must be filed within 30 days of order date; three additional mailing days not allowed. Jones v. Continental Can Co., 260 K. 547, 550, 555, 920 P.2d 939 (1996).

57. Subsection (a) computation method applies to 10-day limit for requesting workers compensation board to review ALJ decision. McIntyre v. A.L. Abercrombie, Inc., 23 K.A.2d 204, 206, 210, 929 P.2d 1386 (1996).

58. Nonapplicable to appeal of referee's decision to employment security board of review. Keithley v. Kansas Employment Security Bd. of Review, 23 K.A.2d 732, 935 P.2d 1060 (1997).

59. FIRREA six-year statute of limitations (12 U.S.C. 1821) begins to run on date claim accrues. Federal Financial Co. v. Hamilton, 25 K.A.2d 361, 362, 962 P.2d 1136 (1998).

60. Three day mailing rule does not apply to workers compensation appeals. Anderson v. Bill Morris Constr. Co. Inc., 25 K.A.2d 603, 608, 966 P.2d 96 (1998).

61. ALJ's workers compensation award misaddressed; not received before review application filing date expiration; notice insufficient to satisfy due process. Nguyen v. IBP, Inc., 266 K. 580, 588, 972 P.2d 747 (1999).

62. Ten-day notice of injury required in workers compensation cases computed under K.S.A. 60-206, not K.A.R. 51-17-1 which is more restrictive and invalid. Bain v. Cormack Enterprises, Inc., 267 K. 754, 757, 986 P.2d 373 (1999).

63. Writ of assistance executed within statutory period, contraband found within house legally seized; but even if writ was technically void, evidence of contraband was admissible. State v. Harris, 26 K.A.2d 42, 47, 975 P.2d 1228 (1999).

64. Federal court had authority to hear habeas claim to withdraw plea after claim was denied by state supreme court. Morris v. McKune, 71 F.Supp.2d 1109, 1111 (1999).

65. Calculation of time for filing appeal from municipal court conviction governed by provisions of 60-206 not 22-3609. City of Derby v. Haskins, 27 K.A.2d 250, 3 P.3d 557 (2000).

66. No abuse of judicial discretion in allowing appellant to file appeal two days out of time (10 days to file appeal from magistrate court). Mitchell v. Miller, 27 K.A.2d 666, 8 P.3d 26 (2000).

67. Voluntary extension of probation order was filed within time of expiration of period of probation. State v. Powers, 29 K.A.2d 166, 25 P.3d 147 (2001).

68. Mentioned; garnishment of prisoner's prison account upheld. Dillon Companies v. Davis, 39 K.A.2d 444, 449, 181 P.3d 570 (2008).

69. Cited; movant's failure to pay docket fee or include cover sheet not barrier to otherwise timely filing of motion. Wilson v. State, 40 K.A.2d 170, 175, 192 P.3d 1121 (2008).

70. The three-day mailing rule of K.S.A. 60-206 extends 10-day period under K.S.A. 60-2102(c). Williams v. Lawton, 288 K. 768, 207 P.3d 1027 (2009).

71. Trial court lacks authority to extend the 10-day period for filing post trial motions under K.S.A. 60-259(f). Board of Sedgwick County Comm'rs v. City of Park City, 41 K.A.2d 646, 204 P.3d 648 (2009).


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