60-214. Third-party practice. - Kansas Statutes

60-214

Chapter 60.--PROCEDURE, CIVIL Article 2.--RULES OF CIVIL PROCEDURE

      60-214.   Third-party practice.(a) When defendant may bring in third party. At any time aftercommencement of the action a defending party, as a third-party plaintiff,may cause a summons and petition to be served upon a personnot a party tothe action who is or may be liable to the third-party plaintiff forall or part of theplaintiff's claim against the third-party plaintiff. Thethird-party plaintiff need not obtainleave to make the service if the third-party plaintiff files thethird-party petition not laterthan 10 days after serving the original answer. Otherwise the third-party plaintiff must obtainleave on motion upon notice to all parties to the action. The person servedwith the summons and third-party petition, hereinafter calledthethird-party defendant, shall make any defenses to the third-partyplaintiff's claim as provided in K.S.A. 60-212 and amendments thereto and any counterclaimsagainst the third-party plaintiff and cross-claims against otherthird-party defendants as provided in K.S.A. 60-213 and amendments thereto.The third-partydefendant may assert against the plaintiff any defenses which thethird-party plaintiff has to the plaintiff's claim. The third-partydefendant may also assert any claim against the plaintiff arising out ofthe transaction or occurrence that is the subject matter of the plaintiff'sclaim against the third-party plaintiff. The plaintiff may assert any claimagainst the third-party defendant arising out of the transaction oroccurrence that is the subject matter of the plaintiff's claim against thethird-party plaintiff, and the third-party defendant thereupon shall assert anydefenses as provided in K.S.A. 60-212 and amendmentsthereto and any counterclaims andcross-claims as provided in K.S.A. 60-213 and amendments thereto. Any partymay move to strikethe third-party claim, or for its severance or separate trial. Athird-party defendant may proceed under this section against any person nota party to the action who is or may be liable to the third-partydefendant for all or part of theclaim made in the action against the third-party defendant.

      (b)   When plaintiff may bring in third party. When a counterclaim isasserted against a plaintiff, the plaintiff may cause athird party to be brought inunder circumstances which under this section would entitle a defendant todo so.

      (c)   Execution by third-party plaintiff -- limitation. Where athird-party defendant is liable to the plaintiff, or to anyone holding asimilar position under subsections (a) and (b), on theclaim on which a third-party plaintiff has been sued, execution bythethird-party plaintiff on a judgment against such third-partydefendantshall be permitted only to the extent that the third-party plaintiff haspaid any judgment obtained against the third-party plaintiff by theobligee.

      History:   L. 1963, ch. 303, 60-214; amended by SupremeCourt order dated July 17, 1969;L. 1997, ch. 173, § 7; July 1.