K.S.A. » Chapter 60

K.S.A. § 60-214

Third-party practice

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60-214. Third-party practice. (a) When defending party may bring in a third party. (1) Timing of the summons and complaint. A defending party may, as a third-party plaintiff, serve a summons and petition on a nonparty who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff must, by motion, obtain the court's leave if it files the third-party complaint more than 14 days after serving its original answer.

(2) Third-party defendant's claims and defenses. The person served with the summons and third-party petition, the "third-party defendant":

(A) Must assert any defenses against the third-party plaintiff's claim under K.S.A. 60-212, and amendments thereto;

(B) must assert any counterclaim against the third-party plaintiff under subsection (a) of K.S.A. 60-213, and amendments thereto, or any crossclaim against another third-party defendant under subsection (f) of K.S.A. 60-213, and amendments thereto, and may assert any counterclaim against the third-party plaintiff under subsection (b) of K.S.A. 60-213, and amendments thereto, or any crossclaims against another third-party defendant under subsection (g) of K.S.A. 60-213, and amendments thereto;

(C) may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff's claim; and

(D) may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff.

(3) Plaintiff's claims against a third-party defendant. The plaintiff may assert against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The third-party defendant must then assert any defense under K.S.A. 60-212, and amendments thereto, and any counterclaim under subsection (a) of K.S.A. 60-213, and amendments thereto, or crossclaim under subsection (f) of K.S.A. 60-213, and amendments thereto, and may assert any counterclaim under subsection (b) of K.S.A. 60-213, and amendments thereto, or any crossclaim under subsection (g) of K.S.A. 60-213, and amendments thereto.

(4) Motion to strike, sever or try separately. Any party may move to strike the third-party claim, to sever it or to try it separately.

(5) Third-party defendant's claim against a nonparty. A third-party defendant may proceed under this section against a nonparty who is or may be liable to the third-party defendant for all or part of any claim against it.

(b) When a plaintiff may bring in a third-party. When a claim is asserted against a plaintiff, the plaintiff may bring in a third-party if this section would allow a defendant to do so.

(c) Execution by third-party plaintiff; limitation. Where a third-party defendant is liable to the plaintiff, or to anyone holding a similar position under subsections (a) and (b), on the claim on which a third-party plaintiff has been sued, execution by the third-party plaintiff on a judgment against such third-party defendant shall be permitted only to the extent that the third-party plaintiff has paid any judgment obtained against the third-party plaintiff by the obligee.

History: L. 1963, ch. 303, 60-214; amended by Supreme Court order dated July 17, 1969; L. 1997, ch. 173, § 7; L. 2010, ch. 135, § 81; L. 2011, ch. 48, § 7; July 1.

Notes of Decisions
Cited in 25 cases, 1970–2018 · leading case: Ellis v. Union Pacific Railroad
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Ellis v. Union Pacific Railroad (1982) kan · cites it 10× “The city and Aubley, pursuant to K.S.A. 60-214, filed a third-party petition against the seller of the herbicide, Continental Research Corporation, alleging Continental's active negligence as a basis for 100% indemnification by Continental of any sums recovered by the Kennedys…”
Kennedy v. City of Sawyer (1980) kan · cites it 4× “Under third-party practice (K.S.A. 60-214[ a ]) when a defendant wants to bring in a third party the statute provides: "At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a…”
Nungesser v. Bryant (2007) kan · cites it 4× “60-214, a part of tire Kansas Code of Civil Procedure, states in pertinent part: “At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and petition to be served upon a person not a party to the action who is or may be…”
Kansas Public Employees Retirement System v. Reimer & Koger Associates, Inc. (1996) kan · cites it 6× “60-213(h) or K.S.A. 60-214; thus, K.S.A. 1995 Supp. 74-4904a fails to provide the protection contemplated by the legislature.”
Kansas Bd. of Regents v. Skinner (1999) kan · cites it 5× “On May 17, 1996, the Skinners attempted to proceed pursuant to K.S.A. 60-214(a) by filing a third-party petition alleging that the attorneys representing the Medical Center had violated the federal Consumer Credit Protection Act in their actions regarding collection of the debt.”
Dodge City Implement, Inc. v. Board of County Commissioners (2009) kan · cites it 2× ““The court in Ellis distinguished Kennedy, noting that while Kennedy involved joinder of defendants under K.S.A. 60-214, the case before it concerned joinder of additional defendants pursuant to K.”
Emprise Bank v. Rumisek (2009) kanctapp · cites it 4× “However, MASA argues that Benton and Rumisek’s use of third-party practice under K.S.A. 60-214 confirms that they had claims for subrogation rights upon giving the bank their guaranties, claims which were released in the URA.”
Haysville U.S.D. No. 261 v. GAF Corp. (1983) kan · cites it 2× “GAF joined as third-party defendants (K.S.A. 60-214) the architects, the roofing contractor and the manufacturer of the lightweight concrete insulating material on which the roofs were placed, W.”
Jamison v. Schneider (1983) ksd · cites it 6× “Motion to Strike Third-Party Claim The Jamisons have also moved to strike the Schneiders’ third-party complaint against Dayco on the ground that that claim is outside the scope of K.S.A. § 60-214(a), relating to third-party practice in Kansas, and was, therefore, erroneously…”
Brown v. Keill (1978) kan “Where no right of contribution exists as between joint tort-feasors, a defendant has no right under the provisions of K.S.A. 60-214(a) to bring in to plaintiff’s cause of action a joint tort-feasor who was not originally made a party to the action by the plaintiff.”
Cott v. Peppermint Twist Management Co. (1993) kan “Peppermint Twist concludes by claiming that a party joined under 60-258a(c) has the same status as a party joined under K.S.A. 60-214 (third-party practice), K.S.”
Dodge City Implement, Inc. v. Board of County Commissioners (2007) kanctapp · cites it 3× “The court in Ellis distinguished Kennedy , noting that while Kennedy involved joinder of defendants under K.S.A. 60-214, the case before it concerned joinder of additional defendants pursuant to K.”
Show all 25 citing cases →
— K.S.A. § 60-214(a) — 15 cases
Kansas Bd. of Regents v. Skinner (1999) kan “On May 17, 1996, the Skinners attempted to proceed pursuant to K.S.A. 60-214(a) by filing a third-party petition alleging that the attorneys representing the Medical Center had violated the federal Consumer Credit Protection Act in their actions regarding collection of the debt.”
Jamison v. Schneider (1983) ksd “Motion to Strike Third-Party Claim The Jamisons have also moved to strike the Schneiders’ third-party complaint against Dayco on the ground that that claim is outside the scope of K.S.A. § 60-214(a), relating to third-party practice in Kansas, and was, therefore, erroneously…”
Brown v. Keill (1978) kan “Where no right of contribution exists as between joint tort-feasors, a defendant has no right under the provisions of K.S.A. 60-214(a) to bring in to plaintiff’s cause of action a joint tort-feasor who was not originally made a party to the action by the plaintiff.”
Nungesser v. Bryant (2007) kan “60-214, a part of tire Kansas Code of Civil Procedure, states in pertinent part: “At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and petition to be served upon a person not a party to the action who is or may be…”
Kansas Public Employees Retirement System v. Reimer & Koger Associates, Inc. (1996) kan “60-213(h) or K.S.A. 60-214; thus, K.S.A. 1995 Supp. 74-4904a fails to provide the protection contemplated by the legislature.”
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