In re Care & Treatment of Jones

No. 120,309 IN THE COURT OF APPEALS OF THE STATE OF KANSAS In the Matter of the Care and Treatment of MONTELL W. JONES. SYLLABUS BY THE COURT 1. In proceedings under the Kansas Sexually Violent Predator Act, the Kansas Rules of Civil Procedure apply unless the Sexually Violent Predator Act specifically provides otherwise. 2. When a motion to dismiss relies on facts not found in the pleadings, the court must treat it as a motion for summary judgment. 3. A motion for summary judgment may not be granted when there is admissible evidence in the record supporting each element of the claim of the…