Skip to main content

Rule 165 Reasons for Decision

Trials and Related Matters

(a) Court Must State Findings of Fact and Conclusions of Law. In a contested matter submitted to the court without a jury—and when the court grants a motion for summary judgment—the court must state its findings of fact and conclusions of law in compliance with K.S.A. 60-252.

(b) Presumption That Evidence Was Considered. If evidence was admitted over proper objection in a matter submitted to the court without a jury, and in the reasons for the decision the court does not state that the evidence—specifying the evidence with particularity—was not considered, then it will be presumed in a subsequent proceeding that the court did consider the evidence in reaching its decision.

Amendment history: Am. effective September 8, 2006; Restyled rule and amended effective July 1, 2012.