Section 60-225 – Substitution of parties

by | May 13, 2021 | Civil Procedure, Kansas

(a)Death.(1)Substitution if the claim is not extinguished. If a party dies and the claim is not extinguished, the court must on motion order substitution of the proper party. A motion for substitution may be made by any party or by the decedent’s successor or...

Section 60-224 – Intervention

by | May 13, 2021 | Civil Procedure, Kansas

(a)Intervention of right. On timely motion, the court must permit anyone to intervene who: (1) Is given an unconditional right to intervene by a statute; or(2) claims an interest relating to the property or transaction that is the subject of the action, and is so...

Section 60-223a – Derivative actions

by | May 13, 2021 | Civil Procedure, Kansas

(a)Prerequisites. This section applies when one or more shareholders or members of a corporation or an unincorporated association bring a derivative action to enforce a right that the corporation or association may properly assert but has failed to enforce. The...

Section 60-223 – Class actions

by | May 13, 2021 | Civil Procedure, Kansas

(a)Prerequisites. One or more members of a class may sue or be sued as representative parties on behalf of all members only if: (1) The class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3)...

Section 60-222 – Interpleader

by | May 13, 2021 | Civil Procedure, Kansas

(a)Grounds.(1)By a plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is proper even though: (A) The claims of the several claimants, or the titles...