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Rule 165

Rule 165: Reasons for Decision

Section District Courts
(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.

[History: Am. effective September 8, 2006; Restyled rule and amended effective July 1, 2012.]

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