60-217.
Parties; capacity.
(a)
Real party in interest.
(1)
Designation in general.
An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought:
(A) An executor;
(B) an administrator;
(C) a guardian;
(D) a conservator;
(E) a bailee;
(F) a trustee of an express trust;
(G) a receiver;
(H) a party with whom or in whose name a contract has been made for another's benefit; and
(I) a party authorized by statute.
(2)
Action in the name of the state of Kansas for another's use or benefit.
When a statute so provides, an action for another's use or benefit must be brought in the name of the state of Kansas.
(3)
Joinder of the real party in interest.
The court may not dismiss an action for failure to prosecute in the name of the real party in interest until, after an objection, a reasonable time has been allowed for the real party in interest to ratify, join or be substituted into the action. After ratification, joinder or substitution, the action proceeds as if it had been originally commenced by the real party in interest.
(b)
Claim accruing under law of another state.
A claim for relief that has accrued under the laws of another state or territory may be sued upon by the person or persons authorized to bring and maintain an action on the claim in the state or territory where it arose. When the law of the state or territory where a claim for relief for death arose authorizes the action to be prosecuted by an administrator or executor, then the action may also be maintained by an administrator or executor appointed under the laws of this state.
(c)
Minor or incapacitated person.
(1)
With a representative.
The following representatives may sue or defend on behalf of a minor or an incapacitated person:
(A) A general guardian;
(B) a committee;
(C) a conservator; or
(D) a like fiduciary.
(2)
Without a representative.
A minor or an incapacitated person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem, or issue another appropriate order, to protect a minor or incapacitated person who is unrepresented in an action.
(d)
Public officer's title and name.
A public officer who sues or is sued in an official capacity may be designated by official title rather than by name, but the court may order that the officer's name be added.
History:
L. 1963, ch. 303, 60-217; L. 1965, ch. 354, § 2; L. 1986, ch. 215, § 5; L. 2010, ch. 135, § 84; July 1.
Notes of Decisions
Shelter Mut. Ins. v. Williams, 804 P.2d 1374 (Kan. 1991).
· cites it 11× “On October 29, 1986, the Kearbeys moved for appointment of a guardian ad litem for Kearbey, pursuant to K.S.A.1989 Supp. 60-217(c). The motion was sent to Kearbey in care of Dr.”
Newell v. Krause, 722 P.2d 530 (Kan. 1986).
· cites it 6× “1949, 60-401) was incorporated into what is now K.S.A. 60-217(a). L. 1963, ch. 303. K.S.A.”
Stroud v. Ozark Nat'l Life Ins. Co., 564 P.3d 725 (Kan. 2025).
· cites it 13× “A substantive right to recover in a particular action is neither enlarged nor restricted by the real party in interest statute.”
Curo Enter., LLC v. Dunes Residential Servs., Inc., 342 P.3d 948 (Kan. Ct. App. 2015).
· cites it 6× “Dunes argues that because Curo brought the suit in its own name, it was suing as a third-party beneficiary and declaring that it was the real party in interest under K.S.A. 2013 Supp. 60-217(a), rather than acting as an agent on behalf of DPW.”
Martin v. Naik, 300 P.3d 625 (Kan. 2013).
· cites it 2× “K.S.A. 60-217. To reiterate, I would find, pursuant to K.”
Wade v. Emcasco Ins., 483 F.3d 657 (10th Cir. 2007).
“4 We turn first to Mr. Wade’s contract claims. A. Breach of Contract and Good Faith Claims Kansas law requires that every legal action be prosecuted by the real par *675 ty in interest.”
Ryder v. Farmland Mut. Ins., 807 P.2d 109 (Kan. 1991).
· cites it 4× “The FW&G motion to dismiss asserted that: (1) the trial court lacked personal and subject matter jurisdiction; and (2) the two disputing law firms were not properly joined as parties; consequently, the Wallace, Saunders’ motion on attorney fees does not comply with K.S.A. 1990…”
Heinson v. Porter, 772 P.2d 778 (Kan. 1989).
· cites it 3× ““In 1963, the legislature repealed the former code of civil procedure and the above-cited section was incorporated into what is now K.S.A. 1987 Supp. 60-217(a), which provides in relevant part: /"Every action shall be prosecuted in the name of the real party in interest; but an…”
Larson Operating Co. v. Petroleum, Inc., 84 P.3d 626 (Kan. Ct. App. 2004).
· cites it 3× “Is Larson a Real Party in Interest with Standing to Pursue Preferential Rights Claims of the Other Interest Owners? K.S.A. 60-217(a) provides: *465 “(a) Beal party in interest.”
Graham v. Herring, 305 P.3d 585 (Kan. 2013).
· cites it 2× “60-225(a)(l) to K.S.A. 2012 Supp. 60-217(a)(3), the statute providing that an action may not be dismissed for failure to include the real party in interest “until, after an objection, a reasonable time has been allowed for the real party in interest to .”
U.S. Bank Nat'l Ass'n v. McConnell, 305 P.3d 1 (Kan. Ct. App. 2013).
· cites it 3× “K.S.A. 60-217 provides that “[ejvery action shall be prosecuted in the name of the real party in interest.”
— K.S.A. § 60-217(a) — 28 cases
Newell v. Krause, 722 P.2d 530 (Kan. 1986).
“1949, 60-401) was incorporated into what is now K.S.A. 60-217(a). L. 1963, ch. 303. K.S.A.”
Heinson v. Porter, 772 P.2d 778 (Kan. 1989).
““In 1963, the legislature repealed the former code of civil procedure and the above-cited section was incorporated into what is now K.S.A. 1987 Supp. 60-217(a), which provides in relevant part: /"Every action shall be prosecuted in the name of the real party in interest; but an…”
Larson Operating Co. v. Petroleum, Inc., 84 P.3d 626 (Kan. Ct. App. 2004).
“Is Larson a Real Party in Interest with Standing to Pursue Preferential Rights Claims of the Other Interest Owners? K.S.A. 60-217(a) provides: *465 “(a) Beal party in interest.”
— K.S.A. § 60-217(a)(1) — 6 cases
Stroud v. Ozark Nat'l Life Ins. Co., 564 P.3d 725 (Kan. 2025).
“A substantive right to recover in a particular action is neither enlarged nor restricted by the real party in interest statute.”
— K.S.A. § 60-217(a)(1)(A) — 1 case
— K.S.A. § 60-217(a)(3) — 2 cases
Graham v. Herring, 305 P.3d 585 (Kan. 2013).
“60-225(a)(l) to K.S.A. 2012 Supp. 60-217(a)(3), the statute providing that an action may not be dismissed for failure to include the real party in interest “until, after an objection, a reasonable time has been allowed for the real party in interest to .”
— K.S.A. § 60-217(a)(l) — 1 case
Curo Enter., LLC v. Dunes Residential Servs., Inc., 342 P.3d 948 (Kan. Ct. App. 2015).
“Dunes argues that because Curo brought the suit in its own name, it was suing as a third-party beneficiary and declaring that it was the real party in interest under K.S.A. 2013 Supp. 60-217(a), rather than acting as an agent on behalf of DPW.”
— K.S.A. § 60-217(a)(l)(H) — 1 case
Curo Enter., LLC v. Dunes Residential Servs., Inc., 342 P.3d 948 (Kan. Ct. App. 2015).
“Dunes argues that because Curo brought the suit in its own name, it was suing as a third-party beneficiary and declaring that it was the real party in interest under K.S.A. 2013 Supp. 60-217(a), rather than acting as an agent on behalf of DPW.”
— K.S.A. § 60-217(b) — 1 case
— K.S.A. § 60-217(c) — 6 cases
Shelter Mut. Ins. v. Williams, 804 P.2d 1374 (Kan. 1991).
“On October 29, 1986, the Kearbeys moved for appointment of a guardian ad litem for Kearbey, pursuant to K.S.A.1989 Supp. 60-217(c). The motion was sent to Kearbey in care of Dr.”
Martin v. Naik, 300 P.3d 625 (Kan. 2013).
“K.S.A. 60-217. To reiterate, I would find, pursuant to K.”
— K.S.A. § 60-217(c)(2) — 3 cases
— K.S.A. § 60-217(o) — 1 case
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