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K.S.A. 60-268 Petition on Promissory Note (7/1/05) [CAPTION] PETITION ON A PROMISSORY NOTE Plaintiff ( Name) states the following claim for relief against the defendant, (Name): 1. On or about (date) defendant executed and delivered to plaintiff a promissory note (containing the following words: [recite the note verbatim]) (a copy of which is attached as Exhibit A). 2. Defendant is in default on the note. 3. Defendant owes to plaintiff the amount of $ ________ with interest on the note. Wherefore, plaintiff demands judgment against defendant in the amount of $__________, together with interest, costs of this action, and other appropriate relief. (Signature of Attorney) (Name), Attorney for (name of plaintiff) Bar Registration Number Address Telephone number [Facsimile number] [Email address] Authority K.S.A. 60-208; K.S.A. 60-209(h); K.S.A 60

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K.S.A. 60-268 Petition on Promissory Note (7/1/05)

[CAPTION] PETITION ON A PROMISSORY NOTE Plaintiff ( Name) states the following claim for relief against the defendant, (Name): 1. On or about (date) defendant executed and delivered to plaintiff a promissory note (containing the following words: [recite the note verbatim]) (a copy of which is attached as Exhibit A). 2. Defendant is in default on the note. 3. Defendant owes to plaintiff the amount of $ ________ with interest on the note. Wherefore, plaintiff demands judgment against defendant in the amount of $__________, together with interest, costs of this action, and other appropriate relief. (Signature of Attorney) (Name), Attorney for (name of plaintiff) Bar Registration Number Address Telephone number [Facsimile number] [Email address]
Authority K.S.A. 60-208; K.S.A. 60-209(h); K.S.A 60-210 Notes on Use Petitions are comprised of two basic elements: (1) a short, plain statement describing the relief sought and; (2) a demand for the appropriate relief sought. In cases of monetary relief, demands in an amount of $75,000 or less are to be specific as to the amounts demanded. The same is true for petitions in contract, regardless of the amount demanded. In all other cases, a demand over $75,000.00 may be made generally. K.S.A. 60-203(a). A party against whom relief is sought may also obtain a written statement of specific monetary damages pursuant to Supreme Court Rule 118. Pleadings should be written in short and plain terms. K.S.A. 60-208 (a) (1). Each assertion of a pleading should be simple, concise and direct. There are no technical forms of pleadings or motion required. K.S.A. 60-208 (e). Assertions of claim or defense should be made in numbered paragraphs, limiting the contents of each, as far as possible, to a statement of a single set of circumstances. A paragraph can be referred to by number in all succeeding paragraphs. Each claim based on a separate transaction or occurrence and each defense other than denials should be stated as separate count or defense. K.S.A. 60-210 (b) Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or motion. A copy of written instrument that is an exhibit to a pleading is a part of that pleading for all purposes. K.S.A. 60210(c)

Comment Under K.S.A. 60- 208 petitions are to be liberally interpreted with an emphasis on substance rather than form. Montoy v. State, 275 Kan. 145, 62 P.3d 228 (2003). As such, it is not required that a petition cite the specific legal theory of relief sought so long as it contains enough information to apprise the responding party of the facts that support relief. Dutoit v. Board of Johnson County Comm'rs, 233 Kan. 995, 667 P.2d 879 (1983). To allow for the opportunity to shift theories as the facts develop, petitions that allege contradictory or alternative statements are acceptable. Weaver v. Frazee, 219 Kan 42, 547 P.2d 1005 (1976); Oller v. Kincheloe's, Inc., 235 Kan. 440, 681 P.2d 630 (1984). Courts are under a duty to deny a motion to dismiss if an examination of the petition supports a claim for relief on any possible theory. Monroe v. Darr, 214 Kan. 426, 520 P.2d 1197 (1974). Certain situations or causes of action require petitions to contain specific requirements: The circumstances supporting fraud and mistake must be pled with particularity. K.S.A. 60-209(b). Time and place allegations are material and must be cited. K.S.A. 60-209(f). Claims for special damages (i.e. medical costs, lost earnings, future earning capacity, etc.) excepting exemplary or punitive damages over $75,000.00 which may be pled generally. K.S.A. 60-209(g). Suits over written instruments must either attach a copy as an exhibit or recite the document at length in the petition. K.S.A. 60- 209(h). Normally, a petition need not be sworn to or verified; an attorney's signature is sufficient; however, the following actions do require verification: derivative action shareholder suits; K.S.A.60-223a perpetuation of testimony; K.S.A.60-227 temporary injunction; K.S.A.60-905 abatement of common nuisance; K.S.A.60-908 vacating or modifying injunction order; K.S.A.60-910 replevin; K.S.A.60-1005 foreclosure of security interest (if no affidavit); K.S.A.60-1006 habeus corpus; K.S.A.60-1502 divorce and maintenance; K.S.A.60-1604 enforcement of foreign judgments; K.S.A.60-3003 protection from abuse; K.S.A. 60-3104 protection from stalking; K.S.A.60-31a04 filing amendment to plead to claim punitive damages; K.S.A.60-3703

File Size: 97.1 kB
Pages: 2
Date: June 29, 2005
File Format: PDF
State: Kansas
Category: Court Forms - State
Author: ptull
Word Count: 783 Words, 4,589 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.kansasjudicialcouncil.org/Documents/Miscellaneous%20Forms/PDF/KSA60_268_PetitionPromissoryNote.pdf