60-218.
Joinder of claims; contingent claims.
(a)
In general.
A party asserting a claim, counterclaim, crossclaim or third-party claim, may join, as independent or alternative claims, as many claims as it has against an opposing party.
(b)
Joinder of contingent claims.
A party may join two claims even though one of them is contingent on the disposition of the other, but the court may grant relief only in accordance with the parties' relative substantive rights. In particular, a plaintiff may state a claim for money and a claim to set aside a conveyance that is fraudulent as to that plaintiff, without first obtaining a judgment for the money; a plaintiff may state in the original claim or an amended petition or in an answer or a reply, a claim to have any release, settlement or discharge of the original claim set aside as fraudulent or wrongfully procured.
History:
L. 1963, ch. 303, 60-218; amended by Supreme Court order dated July 17, 1969; L. 2010, ch. 135, § 85; July 1.
Notes of Decisions
H & H Farms, Inc. v. Hazlett, 627 P.2d 1161 (Kan. Ct. App. 1981).
· cites it 3× “Hazlett argues that K.S.A. 60-218 allows a malicious prosecution action to be maintained as a counterclaim.”
Shelton v. DeWitte, 26 P.3d 650 (Kan. 2001).
“Joinder of claims under the Kansas Code of Civil Procedure, K.S.A. 60-218(a), is permissive rather than mandatory: “A party asserting a claim to relief as an original claim .”
Rau v. City of Garden Plain, 76 F. Supp. 2d 1173 (D. Kan. 1999).
· cites it 2× “Kan.Stat.Ann. § 60-218(a) does not require a plaintiff to join separate claims in one action.”
Baca v. Walgreen Co., 630 P.2d 1185 (Kan. Ct. App. 1981).
· cites it 2× “138 ; K.S.A. 60-218. We next reach the landlords' issues.”
McGregor v. Turner, 469 P.2d 324 (Kan. 1970).
“All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to…”
— K.S.A. § 60-218(a) — 2 cases
Shelton v. DeWitte, 26 P.3d 650 (Kan. 2001).
“Joinder of claims under the Kansas Code of Civil Procedure, K.S.A. 60-218(a), is permissive rather than mandatory: “A party asserting a claim to relief as an original claim .”
Rau v. City of Garden Plain, 76 F. Supp. 2d 1173 (D. Kan. 1999).
“Kan.Stat.Ann. § 60-218(a) does not require a plaintiff to join separate claims in one action.”
— K.S.A. § 60-218(b) — 1 case
H & H Farms, Inc. v. Hazlett, 627 P.2d 1161 (Kan. Ct. App. 1981).
“Hazlett argues that K.S.A. 60-218 allows a malicious prosecution action to be maintained as a counterclaim.”
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