60-224. Intervention. - Kansas Statutes

60-224

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

      60-224.   Intervention.(a) Intervention of right. Upon timely application anyone shall bepermitted to intervene in an action: (1) When a statute confers anunconditional right to intervene; or (2) when the applicant claims aninterest relating to the property or transaction which is the subject ofthe action and he is so situated that the disposition of the action may asa practical matter substantially impair or impede his ability to protectthat interest, unless the applicant's interest is adequately represented byexisting parties.

      (b)   Permissive intervention. Upon timely application anyone may bepermitted to intervene in an action: (1) When a statute confers aconditional right to intervene; or (2) when an applicant's claim or defenseand the main action have a question of law or fact in common. In exercisingits discretion the court shall consider whether the intervention willunduly delay or prejudice the adjudication of the rights of the originalparties.

      (c)   Motion to intervene and practice in intervention. (1) A persondesiring to intervene shall serve a motion to intervene upon the parties asprovided in K.S.A. 60-205. The motion shall state the grounds therefor,and shall be accompanied by a pleading setting forth the claim or defensefor which intervention is sought. The same procedure shall be followed whena statute of this state gives a right to intervene. (2) When the validityof a statute, regulation or constitutional provision of this state, or anordinance or regulation of a governmental subdivision thereof affecting thepublic interest, is drawn in question in any action to which the state orgovernmental subdivision or an officer, agency or employee thereof is not aparty, the court may in its discretion notify the chief legal officer ofthe state or subdivision thereof affected, and permit intervention onproper application.

      History:   L. 1963, ch. 303, 60-224; amended by SupremeCourt order dated July 17, 1969; effective on publication in Kansas Reportsand in K.S.A. 1969 Supp.