60-225.
Substitution of parties.
(a)
Death.
(1)
Substitution if the claim is not extinguished.
If a party dies and the claim is not extinguished, the court must on motion order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative. If the motion is not made within a reasonable time after service of a statement noting the death, the action by or against the decedent must be dismissed.
(2)
Continuation among the remaining parties.
After a party's death, if the right sought to be enforced survives only to or against the remaining parties, the action does not abate, but proceeds in favor of or against the remaining parties. The death should be noted on the record.
(3)
Service.
A motion to substitute, together with a notice of hearing, must be served on the parties as provided in K.S.A. 60-205, and amendments thereto, and on nonparties in the manner provided for the service of a summons. A statement noting death must be served in the same manner.
(b)
Incapacity.
If a party becomes an incapacitated person, the court may, on motion permit the action to be continued by or against the party's representative as provided in subsection (c) of K.S.A. 60-217, and amendments thereto. The motion must be served as provided in subsection (a)(3).
(c)
Transfer of interest.
If an interest is transferred, the action may be continued by or against the original party unless the court, on motion, orders the transferee to be substituted in the action or joined with the original party. The motion must be served as provided in subsection (a)(3).
(d)
Public officers; death or separation from office.
An action does not abate when a public officer who is a party in an official capacity dies, resigns or otherwise ceases to hold office while the action is pending. The officer's successor is automatically substituted as a party. Later proceedings should be in the substituted party's name, but any misnomer not affecting the parties' substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.
(e)
Continued representation by attorney.
If a party dies or becomes an incapacitated person, that party's attorney may continue the representation in the name of the original party until a substitution has been made.
History:
L. 1963, ch. 303, 60-225; L. 1965, ch. 354, § 3; L. 2010, ch. 135, § 94; July 1.
Notes of Decisions
Cited in
34
cases (
4 in the last 5 years), 1975–2024 · leading case:
Graham v. Herring, 305 P.3d 585 (Kan. 2013).
Graham v. Herring, 305 P.3d 585 (Kan. 2013).
· cites it 30× “The district court based its ruling in part on the 7-month gap between the filing of the motion for substitution and the hearing on that motion, and in part upon its belief that it was not required to consider prejudice before dismissing an action under K.S.A. 60-225. The Court…”
Vorhees v. Baltazar, 153 P.3d 1227 (Kan. 2007).
· cites it 8× “Pursuant to K.S.A. 60-225, which allows substitution if a party dies, plaintiffs attempted to substitute Luther's widow, who had previously been the executor of the estate.”
LE v. Joslin, 202 P.3d 677 (Kan. Ct. App. 2009).
· cites it 15× “Next, Le maintains that the trial court erred in determining that K.S.A. 60-225, the statute pertaining to substitution of parties, was inapplicable here and that it was necessaiy for Le to amend her petition to name Joslin as a party.”
Back-Wenzel v. Williams, 109 P.3d 1194 (Kan. 2005).
· cites it 10× “They then filed a motion under K.S.A. 60-225 to substitute Luther’s widow, who had previously been the executor of Luther’s then-closed estate, as the defendant.”
Moore v. Luther, 35 P.3d 277 (Kan. Ct. App. 2001).
· cites it 6× “Three days later, Russell moved to dismiss the lawsuit, arguing that Luther was not á proper party and plaintiffs did not (and could not) obtain proper service of process.”
Army Nat'l Bank v. Equity Developers, Inc., 774 P.2d 919 (Kan. 1989).
· cites it 6× “Substitution of parties is governed by K.S.A. 60-225. The applicable provision is 60-225(c): “In case of any transfer of interest, the action may be continued by or against the original party, unless the court, upon motion, directs the person to whom the interest is transferred…”
Hinds v. Est. of Huston, 66 P.3d 925 (Kan. Ct. App. 2003).
· cites it 6× “The plaintiffs moved to substitute a representative of Luther’s estate under K.S.A. 60-225. The Moore court determined that K.”
Livingston v. Bias, 640 P.2d 362 (Kan. Ct. App. 1982).
· cites it 8× “Revivor, or substitution of parties, is purely a matter of statutory law and strict compliance with statutory requirements (K.S.A. 60-225) must be shown. Gatewood v.”
Long v. Riggs, 617 P.2d 1270 (Kan. Ct. App. 1980).
· cites it 5× “(1) Where claim, not extinguished. If a party dies and the claim is not thereby extinguished, the court shall on motion order substitution of the proper parties.”
Moore v. Luther Ex Rel. Luther, 291 F. Supp. 2d 1194 (D. Kan. 2003).
· cites it 4× “The Court found that Moore should be limited to the application of K.S.A. 60-225. Id. The Court found that the substitution provisions of K.”
Moore v. State Bank of Burden, 729 P.2d 1205 (Kan. 1986).
“Grubb, Deceased” although the record does not reflect that he was ever properly substituted as the party plaintiff or that there was any attempt to comply with the provisions of K.S.A. 60-225 and 60-269. On January 28, 1985, a pretrial questionnaire was filed in the Cowley…”
Est. of Rains v. Fed. Deposit Ins. Corp., 702 F. Supp. 1520 (D. Kan. 1988).
· cites it 6× “First and foremost, the court finds that NSB and FDIC substantially complied with the service requirements of K.S.A. 60-225. The Kansas Code of Civil Procedure authorizes the use of the substantial compliance doctrine in reviewing the sufficiency of the service of process “if…”
— K.S.A. § 60-225(a) — 9 cases
Graham v. Herring, 305 P.3d 585 (Kan. 2013).
“The district court based its ruling in part on the 7-month gap between the filing of the motion for substitution and the hearing on that motion, and in part upon its belief that it was not required to consider prejudice before dismissing an action under K.S.A. 60-225. The Court…”
Long v. Riggs, 617 P.2d 1270 (Kan. Ct. App. 1980).
“(1) Where claim, not extinguished. If a party dies and the claim is not thereby extinguished, the court shall on motion order substitution of the proper parties.”
Army Nat'l Bank v. Equity Developers, Inc., 774 P.2d 919 (Kan. 1989).
“Substitution of parties is governed by K.S.A. 60-225. The applicable provision is 60-225(c): “In case of any transfer of interest, the action may be continued by or against the original party, unless the court, upon motion, directs the person to whom the interest is transferred…”
Livingston v. Bias, 640 P.2d 362 (Kan. Ct. App. 1982).
“Revivor, or substitution of parties, is purely a matter of statutory law and strict compliance with statutory requirements (K.S.A. 60-225) must be shown. Gatewood v.”
— K.S.A. § 60-225(a)(1) — 9 cases
Graham v. Herring, 305 P.3d 585 (Kan. 2013).
“The district court based its ruling in part on the 7-month gap between the filing of the motion for substitution and the hearing on that motion, and in part upon its belief that it was not required to consider prejudice before dismissing an action under K.S.A. 60-225. The Court…”
LE v. Joslin, 202 P.3d 677 (Kan. Ct. App. 2009).
“Next, Le maintains that the trial court erred in determining that K.S.A. 60-225, the statute pertaining to substitution of parties, was inapplicable here and that it was necessaiy for Le to amend her petition to name Joslin as a party.”
Back-Wenzel v. Williams, 109 P.3d 1194 (Kan. 2005).
“They then filed a motion under K.S.A. 60-225 to substitute Luther’s widow, who had previously been the executor of Luther’s then-closed estate, as the defendant.”
Hinds v. Est. of Huston, 66 P.3d 925 (Kan. Ct. App. 2003).
“The plaintiffs moved to substitute a representative of Luther’s estate under K.S.A. 60-225. The Moore court determined that K.”
Livingston v. Bias, 640 P.2d 362 (Kan. Ct. App. 1982).
“Revivor, or substitution of parties, is purely a matter of statutory law and strict compliance with statutory requirements (K.S.A. 60-225) must be shown. Gatewood v.”
— K.S.A. § 60-225(a)(2) — 3 cases
Livingston v. Bias, 640 P.2d 362 (Kan. Ct. App. 1982).
“Revivor, or substitution of parties, is purely a matter of statutory law and strict compliance with statutory requirements (K.S.A. 60-225) must be shown. Gatewood v.”
— K.S.A. § 60-225(a)(3) — 1 case
— K.S.A. § 60-225(a)(l) — 13 cases
Graham v. Herring, 305 P.3d 585 (Kan. 2013).
“The district court based its ruling in part on the 7-month gap between the filing of the motion for substitution and the hearing on that motion, and in part upon its belief that it was not required to consider prejudice before dismissing an action under K.S.A. 60-225. The Court…”
Moore v. Luther, 35 P.3d 277 (Kan. Ct. App. 2001).
“Three days later, Russell moved to dismiss the lawsuit, arguing that Luther was not á proper party and plaintiffs did not (and could not) obtain proper service of process.”
Livingston v. Bias, 640 P.2d 362 (Kan. Ct. App. 1982).
“Revivor, or substitution of parties, is purely a matter of statutory law and strict compliance with statutory requirements (K.S.A. 60-225) must be shown. Gatewood v.”
Est. of Rains v. Fed. Deposit Ins. Corp., 702 F. Supp. 1520 (D. Kan. 1988).
“First and foremost, the court finds that NSB and FDIC substantially complied with the service requirements of K.S.A. 60-225. The Kansas Code of Civil Procedure authorizes the use of the substantial compliance doctrine in reviewing the sufficiency of the service of process “if…”
— K.S.A. § 60-225(b) — 1 case
— K.S.A. § 60-225(c) — 3 cases
Army Nat'l Bank v. Equity Developers, Inc., 774 P.2d 919 (Kan. 1989).
“Substitution of parties is governed by K.S.A. 60-225. The applicable provision is 60-225(c): “In case of any transfer of interest, the action may be continued by or against the original party, unless the court, upon motion, directs the person to whom the interest is transferred…”
— K.S.A. § 60-225(c)(l) — 1 case
— K.S.A. § 60-225(cz)(l) — 1 case
— K.S.A. § 60-225(d) — 2 cases
— K.S.A. § 60-225(e) — 1 case
Graham v. Herring, 305 P.3d 585 (Kan. 2013).
“The district court based its ruling in part on the 7-month gap between the filing of the motion for substitution and the hearing on that motion, and in part upon its belief that it was not required to consider prejudice before dismissing an action under K.S.A. 60-225. The Court…”
— K.S.A. § 60-225(o)(l) — 1 case
Livingston v. Bias, 640 P.2d 362 (Kan. Ct. App. 1982).
“Revivor, or substitution of parties, is purely a matter of statutory law and strict compliance with statutory requirements (K.S.A. 60-225) must be shown. Gatewood v.”
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