Kansas State Court Counterclaim and Cross-Claim

KANSAS STATE COURT COUNTERCLAIM AND CROSS-CLAIM

1. CAPTION

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

[CIVIL DEPARTMENT / DIVISION ____]

Case No.: [________________________________]

Division: [____]

Pursuant to K.S.A. Chapter 60

DEFENDANT'S ANSWER, COUNTERCLAIM, AND CROSS-CLAIM

2. INTRODUCTION

Defendant [DEFENDANT NAME] ("Defendant" or "Counterclaimant"), by and through undersigned counsel, files this pleading pursuant to the Kansas Code of Civil Procedure, K.S.A. Chapter 60. In addition to Defendant's responses and defenses to Plaintiff's Petition (set forth in the accompanying or incorporated Answer), Defendant asserts the following Counterclaim against Plaintiff under K.S.A. § 60-213(a)-(b) and the following Cross-Claim against Co-Defendant [CO-DEFENDANT NAME] under K.S.A. § 60-213(f)-(g).

3. PARTIES; COMPULSORY VS. PERMISSIVE CLASSIFICATION

3.1. Counterclaimant [DEFENDANT NAME] is [an individual residing in / a (corporation/LLC) organized under the laws of] [STATE], with [its principal place of business / a residence] in [COUNTY], Kansas.

3.2. Counterclaim Defendant [PLAINTIFF NAME] is the Plaintiff in the principal action and is an opposing party within the meaning of K.S.A. § 60-213.

3.3. Cross-Claim Defendant [CO-DEFENDANT NAME] is a co-party of Counterclaimant in the principal action.

3.4. Classification of Counterclaim (select one):

☐ Compulsory Counterclaim. This Counterclaim is compulsory under K.S.A. § 60-213(a) because, at the time of its service, Counterclaimant has this claim against Plaintiff, it arises out of the transaction or occurrence that is the subject matter of Plaintiff's claim, and it does not require adding a party over whom the Court cannot acquire jurisdiction.

☐ Permissive Counterclaim. This Counterclaim is permissive under K.S.A. § 60-213(b) because it is a claim against Plaintiff that is not compulsory. A counterclaim need not diminish or defeat the recovery sought by Plaintiff and may request relief that exceeds in amount or differs in kind from the relief Plaintiff seeks. See K.S.A. § 60-213(c).

3.5. Classification of Cross-Claim (select one):

☐ Compulsory Cross-Claim. Where the claim is governed by the Kansas comparative negligence statute, K.S.A. § 60-258a, Counterclaimant must state as a cross-claim any claim against the co-party arising out of the transaction or occurrence that is the subject matter of that claim. See K.S.A. § 60-213(f).

☐ Permissive Cross-Claim. This Cross-Claim is asserted under K.S.A. § 60-213(g) because it arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or relates to property that is the subject matter of the original action. It may include a claim that the co-party is or may be liable to the cross-claimant for all or part of a claim asserted against the cross-claimant.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction over this Counterclaim and Cross-Claim pursuant to Article 3, § 6 of the Kansas Constitution and K.S.A. § 20-301, the District Court being a court of general original jurisdiction.

4.2. This Court has personal jurisdiction over Plaintiff, who invoked the jurisdiction of this Court by filing the principal action, and over Co-Defendant, who is a party to this action.

4.3. Venue is proper in [COUNTY] County under K.S.A. § 60-601 et seq. because [the cause of action or some part thereof arose in this county / a party resides or may be served in this county / the principal action is pending here].

5. FACTUAL ALLEGATIONS

5.1. [________________________________]

5.2. On or about [__/__/____], [________________________________].

5.3. [________________________________]

5.4. [________________________________]

5.5. As a direct and proximate result of the conduct described above, Counterclaimant has been damaged [for a contract claim: in an amount to be proved at trial, estimated at $[AMOUNT] / for a noncontract claim of $75,000 or less: $[AMOUNT] / for a noncontract claim over $75,000: in excess of $75,000]. Select the applicable wording under K.S.A. 60-208(a)(2).

6. COUNTERCLAIM AGAINST PLAINTIFF

COUNT I — BREACH OF CONTRACT (Against Plaintiff)

6.1. Counterclaimant re-alleges and incorporates paragraphs 5.1 through 5.5 as if fully set forth herein.

6.2. Counterclaimant and Plaintiff entered into a valid and enforceable contract on or about [__/__/____], the material terms of which required Plaintiff to [describe obligation].

6.3. Counterclaimant performed all conditions, covenants, and obligations required of it under the contract, except those it was excused or prevented from performing.

6.4. Plaintiff materially breached the contract by [describe breach].

6.5. As a direct and proximate result of Plaintiff's breach, Counterclaimant has suffered damages in an amount to be proven at trial, plus prejudgment and post-judgment interest as allowed by law.

COUNT II — UNJUST ENRICHMENT (Against Plaintiff, Pleaded in the Alternative)

6.6. Counterclaimant re-alleges and incorporates the preceding paragraphs as if fully set forth herein.

6.7. Counterclaimant conferred a benefit upon Plaintiff, namely [describe benefit].

6.8. Plaintiff appreciated, accepted, and retained the benefit under circumstances that make it inequitable for Plaintiff to retain the benefit without payment of its value.

6.9. Plaintiff has been unjustly enriched at Counterclaimant's expense in an amount to be proven at trial.

COUNT III — [OTHER CLAIM — e.g., FRAUD / CONVERSION / NEGLIGENCE] (Against Plaintiff)

6.10. Counterclaimant re-alleges and incorporates the preceding paragraphs as if fully set forth herein.

6.11. [State each element of the claim and the facts supporting each element.] [________________________________]

6.12. As a direct and proximate result, Counterclaimant has suffered damages in an amount to be proven at trial.

7. CROSS-CLAIM AGAINST CO-DEFENDANT

COUNT IV — INDEMNIFICATION AND COMPARATIVE FAULT (Against Co-Defendant [CO-DEFENDANT NAME])

7.1. Counterclaimant (the "Cross-Claimant") re-alleges and incorporates the preceding paragraphs as if fully set forth herein.

7.2. This Cross-Claim arises out of the same transaction or occurrence that is the subject matter of Plaintiff's claim in the original action, as contemplated by K.S.A. § 60-213(g).

7.3. If Cross-Claimant is found liable to Plaintiff — which liability is expressly denied — Cross-Claimant seeks indemnification from Cross-Claim Defendant only if [IDENTIFY CONTRACTUAL OR OTHER INDEPENDENT BASIS FOR INDEMNITY AND SUPPORTING FACTS] entitles Cross-Claimant to that relief.

7.4. If this claim is governed by K.S.A. § 60-258a, Cross-Claimant requests a determination of each party's causal-fault percentage and allocation of liability under subsection (d). Section 60-258a does not itself create a contribution claim for another party's apportioned share.

7.5. Comparative-fault note. Kansas applies modified comparative negligence under K.S.A. § 60-258a, under which the percentage of fault attributable to each party is determined by the trier of fact. Where the claim is governed by K.S.A. § 60-258a, this cross-claim is compulsory under K.S.A. § 60-213(f).

COUNT V — [OTHER CROSS-CLAIM] (Against Co-Defendant)

7.6. Cross-Claimant re-alleges and incorporates the preceding paragraphs as if fully set forth herein.

7.7. [________________________________]

8. PRAYER FOR RELIEF

WHEREFORE, Defendant/Counterclaimant/Cross-Claimant respectfully requests that the Court enter judgment as follows:

A. On the Counterclaim, judgment against Plaintiff for compensatory damages in the amount pleaded in paragraph 5.5 and proved at trial;

B. On the Cross-Claim, judgment for indemnification against Co-Defendant [CO-DEFENDANT NAME] only if an independent indemnity basis is proved, and allocation of fault under K.S.A. § 60-258a if comparative negligence governs;

C. Prejudgment and post-judgment interest at the maximum rate allowed by law;

D. Costs of this action and, where authorized by contract or statute, reasonable attorney fees;

E. Such other and further relief as the Court deems just and equitable.

9. DEMAND FOR JURY TRIAL

Pursuant to K.S.A. § 60-238 and Section 5 of the Kansas Constitution Bill of Rights, Defendant/Counterclaimant demands a trial by jury on all issues so triable:

☐ Yes — Jury trial demanded on all issues so triable.

☐ No — No jury trial demanded; trial to the Court.

10. VERIFICATION (IF REQUIRED)

STATE OF KANSAS

COUNTY OF [________________________________]

I, [NAME], being first duly sworn, state that I am the [Defendant / authorized representative of Defendant] in the foregoing action; that I have read the foregoing Counterclaim and Cross-Claim; and that the factual allegations therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
[NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]
Notary Public
My commission expires: [__/__/____]

11. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[ATTORNEY NAME], Kansas Bar No. [#####]
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [NUMBER]
Email: [EMAIL]
Counsel for Defendant / Counterclaimant / Cross-Claimant

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Defendant's Answer, Counterclaim, and Cross-Claim was served upon all counsel and parties of record in accordance with K.S.A. § 60-205 by the method(s) indicated below:

☐ Kansas eFlex / Court electronic filing system (electronic service)
☐ United States Mail, first-class, postage prepaid
☐ Hand delivery
☐ Electronic mail (by consent or as authorized by K.S.A. § 60-205)
☐ Other: [________________________________]

Served upon:

Name: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Email: [________________________________]

[________________________________]
[ATTORNEY NAME]

13. KANSAS PRACTICE NOTES

• Governing statute. Counterclaims and crossclaims are governed by K.S.A. § 60-213, which tracks Fed. R. Civ. P. 13. Subsection (a) governs compulsory counterclaims; (b) permissive counterclaims; (c) relief sought; (f) compulsory crossclaims (when the claim is governed by the comparative negligence statute, K.S.A. § 60-258a); and (g) permissive crossclaims.
• Compulsory counterclaim waiver. A counterclaim that is compulsory under K.S.A. § 60-213(a) but not asserted in this action is generally barred from being raised later.
• Trial court. The Kansas District Court is the court of general original jurisdiction (K.S.A. § 20-301). Limited-dollar civil actions may be filed under Chapter 61; if a Chapter 61 action is transferred or a magistrate-judge decision is appealed, any compulsory counterclaim or crossclaim must be stated in an amended pleading within 21 days under K.S.A. § 60-213(j).
• Deadline. The responsive pleading is generally due within 21 days after service of process under K.S.A. § 60-212(a). Counterclaims and cross-claims are normally pleaded within that Answer.
• Joining additional parties. Parties may be added to a counterclaim or crossclaim under K.S.A. §§ 60-219 and 60-220 (K.S.A. § 60-213(h)).
• Comparative fault. Kansas applies modified comparative negligence under K.S.A. § 60-258a; a party may be barred from recovery if its fault equals or exceeds the combined fault of all parties against whom recovery is sought.
• Jury demand. Under K.S.A. § 60-238(b), serve a written demand no later than 14 days after the last pleading directed to the issue is served and file it under § 60-205. Under § 60-238(d), the court may set aside a waiver in the interest of justice or when the waiver resulted inadvertently.

14. SOURCES AND REFERENCES

• Kan. Stat. Ann. § 60-213 (Counterclaims and crossclaims) — https://ksrevisor.gov/statutes/chapters/ch60/060_002_0013.html
• Kan. Stat. Ann. § 60-258a (Comparative negligence)
• Kan. Stat. Ann. § 60-212 (Defenses and objections; time to respond)
• Kan. Stat. Ann. § 60-208 (General rules of pleading)
• Kan. Stat. Ann. § 60-205 (Service and filing of pleadings)
• Kan. Stat. Ann. § 60-219, § 60-220 (Joinder of parties)
• Kan. Stat. Ann. § 60-238 (Jury trial; demand)
• Kan. Stat. Ann. § 20-301 (District Court jurisdiction)
• Kansas Office of Revisor of Statutes — https://ksrevisor.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Kansas must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.