60-224.
Intervention.
(a)
Intervention of right.
On timely motion, the court must permit anyone to intervene who:
(1) Is given an unconditional right to intervene by a statute; or
(2) claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter substantially impair or impede the movant's ability to protect its interest, unless existing parties adequately represent that interest.
(b)
Permissive intervention.
(1)
In general.
On timely motion, the court may permit anyone to intervene who:
(A) Is given a conditional right to intervene by a statute; or
(B) has a claim or defense that shares with the main action a common question of law or fact.
(2)
By a government officer or agency.
(A) On timely motion, the court may permit a governmental officer or agency to intervene if a party's claim or defense is based on:
(i) A statute or executive order administered by the officer or agency; or
(ii) any regulation, order, requirement or agreement issued or made under the statute or executive order.
(B) When the validity of an ordinance, regulation, statute or constitutional provision of this state or a governmental subdivision of this state is drawn in question in any action to which the state or governmental subdivision or an officer, agency or employee thereof is not a party, the court may notify the chief legal officer of the state or its subdivision, and permit intervention on proper application.
(C) When notice to the attorney general is required by K.S.A. 75-764, and amendments thereto, the court must permit intervention by the attorney general on proper application.
(3)
Delay or prejudice.
In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties' rights.
(c)
Notice and pleading required.
A motion to intervene must be served on the parties as provided in K.S.A.
60-205, and amendments thereto. The motion must state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought.
History:
L. 1963, ch. 303, 60-224; amended by Supreme Court order dated July 17, 1969; L. 2010, ch. 135, § 93; L. 2016, ch. 8, § 2; July 1.
Notes of Decisions
Cited in
57
cases (
4 in the last 5 years), 1966–2024 · leading case:
Gannon v. State, 357 P.3d 873 (Kan. 2015).
Gannon v. State, 357 P.3d 873 (Kan. 2015).
· cites it 10× “Standard of review and general principles of law K.S.A. 2014 Supp. 60-224 allows for two types of intervention: intervention as a matter of right and permissive intervention.”
In Re Petition of City of Shawnee for Annexation of Land, 687 P.2d 603 (Kan. 1984).
· cites it 10× “" Did the district court err in permitting the appellant landowners to intervene for the purpose of filing an appeal from its judgment of May 2, 1983? The right to intervene under K.S.A. 60-224( a ) depends on the concurrence of three factors: (1) timely application; (2) a…”
Jones v. Bordman, 759 P.2d 953 (Kan. 1988).
· cites it 10× “60-205, accompanied by a pleading setting forth ‘the claim or defense for which intervention is sought.’ K.S.A. 60-224(c)(l). “The request to intervene was made orally the day of the severance hearing.”
Landmark Nat'l Bank v. Kesler, 216 P.3d 158 (Kan. 2009).
· cites it 3× “On January 16, 2007, MERS filed a motion joining Sovereign’s motion to vacate the journal entry of default judgment and ob *532 jecting to confirmation of the sheriff s sale, followed on January 18, 2007, by a motion to intervene under K.S.A. 60-224. MERS proffered an answer and…”
Smith v. Russell, 58 P.3d 698 (Kan. 2002).
· cites it 8× “60-205. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought.”
Mem'l Hosp. Ass'n, Inc. v. Knutson, 722 P.2d 1093 (Kan. 1986).
· cites it 3× “He contends that K.S.A. 60-224(a)(2) permits intervention upon timely application where the applicant claims disposition of the *666 action may substantially impair or impede his ability to protect an interest and that, because K.”
Moyer v. Bd. of Cnty. Commissioners, 415 P.2d 261 (Kan. 1966).
· cites it 7× “K.S.A. 60-224 ( a ), insofar as material here, provides as follows: "Upon timely application anyone shall be permitted to intervene in an action: .”
McDaniel v. Jones, 679 P.2d 682 (Kan. 1984).
· cites it 4× “The trial court granted the motion to intervene pursuant to K.S.A. 60-224 and directed that the parties file proposed findings of fact and conclusions of law on all the issues, “including the validity of the liens asserted by the United States, and the right to foreclose those…”
Cont'l Coal, Inc. v. Cunningham, 511 F. Supp. 2d 1065 (D. Kan. 2007).
· cites it 4× “Based on the allegations in the complaint, plaintiff had a right to intervene under K.S.A. § 60-224, but declined to do so. See K.”
Mohr v. State Bank of Stanley, 770 P.2d 466 (Kan. 1989).
· cites it 2× “INTERVENTION When Tri-County moved the district court for a distribution of the proceeds of the judgment and a determination of attorney fees, KBS moved to intervene pursuant to K.S.A. 60-224. K.S.A. 60-224(a) states: “Upon timely application anyone shall be permitted to…”
Frey, Inc. v. City of Wichita, 715 P.2d 417 (Kan. Ct. App. 1986).
· cites it 4× “In a position somewhat contrary to the general authorities, Kansas liberally construes the provisions of K.S.A. 60-224(a) in favor of intervention, especially when intervention is necessary to protect some right that would otherwise be unprotected.”
— K.S.A. § 60-224(a) — 23 cases
Gannon v. State, 357 P.3d 873 (Kan. 2015).
“Standard of review and general principles of law K.S.A. 2014 Supp. 60-224 allows for two types of intervention: intervention as a matter of right and permissive intervention.”
In Re Petition of City of Shawnee for Annexation of Land, 687 P.2d 603 (Kan. 1984).
“" Did the district court err in permitting the appellant landowners to intervene for the purpose of filing an appeal from its judgment of May 2, 1983? The right to intervene under K.S.A. 60-224( a ) depends on the concurrence of three factors: (1) timely application; (2) a…”
Smith v. Russell, 58 P.3d 698 (Kan. 2002).
“60-205. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought.”
Landmark Nat'l Bank v. Kesler, 216 P.3d 158 (Kan. 2009).
“On January 16, 2007, MERS filed a motion joining Sovereign’s motion to vacate the journal entry of default judgment and ob *532 jecting to confirmation of the sheriff s sale, followed on January 18, 2007, by a motion to intervene under K.S.A. 60-224. MERS proffered an answer and…”
Cont'l Coal, Inc. v. Cunningham, 511 F. Supp. 2d 1065 (D. Kan. 2007).
“Based on the allegations in the complaint, plaintiff had a right to intervene under K.S.A. § 60-224, but declined to do so. See K.”
— K.S.A. § 60-224(a)(1) — 1 case
— K.S.A. § 60-224(a)(2) — 13 cases
Mem'l Hosp. Ass'n, Inc. v. Knutson, 722 P.2d 1093 (Kan. 1986).
“He contends that K.S.A. 60-224(a)(2) permits intervention upon timely application where the applicant claims disposition of the *666 action may substantially impair or impede his ability to protect an interest and that, because K.”
Gannon v. State, 357 P.3d 873 (Kan. 2015).
“Standard of review and general principles of law K.S.A. 2014 Supp. 60-224 allows for two types of intervention: intervention as a matter of right and permissive intervention.”
Frey, Inc. v. City of Wichita, 715 P.2d 417 (Kan. Ct. App. 1986).
“In a position somewhat contrary to the general authorities, Kansas liberally construes the provisions of K.S.A. 60-224(a) in favor of intervention, especially when intervention is necessary to protect some right that would otherwise be unprotected.”
Smith v. Russell, 58 P.3d 698 (Kan. 2002).
“60-205. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought.”
— K.S.A. § 60-224(a)(l) — 1 case
— K.S.A. § 60-224(b) — 5 cases
Landmark Nat'l Bank v. Kesler, 216 P.3d 158 (Kan. 2009).
“On January 16, 2007, MERS filed a motion joining Sovereign’s motion to vacate the journal entry of default judgment and ob *532 jecting to confirmation of the sheriff s sale, followed on January 18, 2007, by a motion to intervene under K.S.A. 60-224. MERS proffered an answer and…”
Jones v. Bordman, 759 P.2d 953 (Kan. 1988).
“60-205, accompanied by a pleading setting forth ‘the claim or defense for which intervention is sought.’ K.S.A. 60-224(c)(l). “The request to intervene was made orally the day of the severance hearing.”
— K.S.A. § 60-224(b)(1) — 2 cases
Gannon v. State, 357 P.3d 873 (Kan. 2015).
“Standard of review and general principles of law K.S.A. 2014 Supp. 60-224 allows for two types of intervention: intervention as a matter of right and permissive intervention.”
— K.S.A. § 60-224(b)(1)(B) — 3 cases
Gannon v. State, 357 P.3d 873 (Kan. 2015).
“Standard of review and general principles of law K.S.A. 2014 Supp. 60-224 allows for two types of intervention: intervention as a matter of right and permissive intervention.”
— K.S.A. § 60-224(b)(2)(B) — 1 case
— K.S.A. § 60-224(b)(2)(C) — 2 cases
— K.S.A. § 60-224(c) — 4 cases
In Re Petition of City of Shawnee for Annexation of Land, 687 P.2d 603 (Kan. 1984).
“" Did the district court err in permitting the appellant landowners to intervene for the purpose of filing an appeal from its judgment of May 2, 1983? The right to intervene under K.S.A. 60-224( a ) depends on the concurrence of three factors: (1) timely application; (2) a…”
McDaniel v. Jones, 679 P.2d 682 (Kan. 1984).
“The trial court granted the motion to intervene pursuant to K.S.A. 60-224 and directed that the parties file proposed findings of fact and conclusions of law on all the issues, “including the validity of the liens asserted by the United States, and the right to foreclose those…”
Jones v. Bordman, 759 P.2d 953 (Kan. 1988).
“60-205, accompanied by a pleading setting forth ‘the claim or defense for which intervention is sought.’ K.S.A. 60-224(c)(l). “The request to intervene was made orally the day of the severance hearing.”
Smith v. Russell, 58 P.3d 698 (Kan. 2002).
“60-205. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought.”
— K.S.A. § 60-224(c)(1) — 3 cases
Jones v. Bordman, 759 P.2d 953 (Kan. 1988).
“60-205, accompanied by a pleading setting forth ‘the claim or defense for which intervention is sought.’ K.S.A. 60-224(c)(l). “The request to intervene was made orally the day of the severance hearing.”
— K.S.A. § 60-224(c)(l) — 4 cases
Mem'l Hosp. Ass'n, Inc. v. Knutson, 722 P.2d 1093 (Kan. 1986).
“He contends that K.S.A. 60-224(a)(2) permits intervention upon timely application where the applicant claims disposition of the *666 action may substantially impair or impede his ability to protect an interest and that, because K.”
Jones v. Bordman, 759 P.2d 953 (Kan. 1988).
“60-205, accompanied by a pleading setting forth ‘the claim or defense for which intervention is sought.’ K.S.A. 60-224(c)(l). “The request to intervene was made orally the day of the severance hearing.”
— K.S.A. § 60-224(o) — 1 case
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