2009 Kansas Code
Chapter 60 PROCEDURE, CIVIL
Article 2 RULES OF CIVIL PROCEDURE
60-222. Interpleader.
60-222
60-222. Interpleader. (a) Persons required to interplead. Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that he or she is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim.
(b) Disclaimer by defendant. In any action upon contract or for the recovery of personal property, the defendant may answer that some third party without collusion with him or her has or makes a claim to the subject of the action, and that he or she is ready to pay or dispose of the same as the court may direct, the court or judge may make an order for the safekeeping, or for the payment or deposit in court, or delivery of the subject of the action to such persons as it may direct, and may make an order requiring such third party to appear in a reasonable time and maintain or relinquish his or her claim against the defendant. If such third party, being served with a copy of the order by the sheriff, or such other person as the court or judge may direct, fail to appear, the court may declare him or her barred of all claim in respect to the subject of the action against the defendant therein. If such third party appear, he or she shall be allowed to make himself or herself defendant in the action, in lieu of the original defendant, who shall be discharged from all liability to either of the other parties in respect to the subject of the action, upon his or her compliance with the order of the court or judge for the payment, deposit or delivery therof.
(c) Application. The provisions of this section supplement and do not in any way limit the joinder of parties permitted in K.S.A. 60-220.
History: L. 1963, ch. 303, 60-222; Jan. 1, 1964.
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