60-213.Counterclaims and cross-claims.(a) Compulsory counterclaims. A pleading shall state as acounterclaim any claim which at the time of serving the pleading thepleader has against any opposing party, if it arises out of the transactionor occurrence that is the subject matter of the opposing party's claim anddoes not require for its adjudication the presence of third parties of whomthe court cannot acquire jurisdiction; but the pleader need not state theclaim if (1) at the time the action was commenced the claim was the subject ofanother pending action, or (2) the opposing party brought suit upon suchparty's claim by attachment or other process by which the court did not acquirejurisdiction to render a personal judgment on that claim, and the pleaderis not stating any other counterclaim under this section.
(b) Permissive counterclaims. A pleading may state as acounterclaim any claim against an opposing party not arising out of thetransaction or occurrence that is the subject matter of the opposingparty's claim.
(c) Counterclaim exceeding opposing claim. A counterclaim may ormay not diminish or defeat the recovery sought by the opposing party. Itmay claim relief exceeding in amount or different in kind from that soughtin the pleading of the opposing party.
(d) Effect of death or limitations. When cross demands haveexisted between persons under such circumstances that, if one had brought anaction against the other, a counterclaim or cross-claim could have been set up,neither can be deprived of the benefit thereof by the assignment or deathof the other or by reason of the statute of limitations if arising out ofthe contract or transaction set forth in the petition as the foundation ofplaintiff's claim or connected with the subject of the action; but the twodemands must be deemed compensated so far as they equal each other.
(e) Counterclaim maturing or acquired after pleading. A claimwhich either matured or was acquired by the pleader after serving the pleadingmay, with the permission of the court, be presented as a counterclaim bysupplemental pleading.
(f) Omitted counterclaim. When a pleader fails to set up acounterclaim through oversight, inadvertence, or excusable neglect, or whenjustice requires, the pleader may by leave of court set up the counterclaimby amendment.
(g) Compulsory cross-claim against co-party. In an actioninvolving a claim governed by K.S.A. 60-258a and amendments thereto, aparty shall state as a cross-claim any claim that party has against anyco-party arising out of the transaction or occurrence that is the subjectmatter of the claim governed by K.S.A. 60-258a and amendments thereto.
(h) Permissive cross-claim against co-party. A pleading may stateas a cross-claim any claim by one party against a co-party arising out of thetransaction or occurrence that is the subject matter either of the originalaction or of a counterclaim therein or relating to any property that is thesubject matter of the original action. Such cross-claim may include a claimthat the party against whom it is asserted is or may be liable to thecross-claimant for all or part of a claim asserted in the action againstthe cross-claimant.
(i) Joinder of additional parties. Persons other than those madeparties to the original action may be made parties to a counterclaim orcross-claim in accordance with the provisions of K.S.A.60-219 and 60-220, and amendments thereto.
(j) Separate trials; separate judgments. If the court ordersseparate trials as provided in K.S.A. 60-242 and amendmentsthereto judgment on acounterclaim or cross-claim may be rendered in accordance with the terms ofK.S.A. 60-254 and amendments thereto when the judge has jurisdictionso to do, even if theclaims of the opposing party have been dismissed or otherwise disposed of.
(k) Appealed and removed actions. When an action is filed in thedistrict court pursuant to the code of civil procedure forlimited actions and such action is transferred asprovided inK.S.A. 61-2910, and amendments thereto orsuch action is heardby a district magistrate judge and is appealed and a trial de novowillbe held before a district judge, anycounterclaim made compulsory by subsection (a) shall bestated as an amendment to the pleading within 20 days after suchfiling or such other time as the court shall allow. Other counterclaims andcross-claims shall be permitted as in an original action in the districtcourt pursuant to this chapter.
60-213.Counterclaims and cross-claims.(a) Compulsory counterclaims. A pleading shall state as acounterclaim any claim which at the time of serving the pleading thepleader has against any opposing party, if it arises out of the transactionor occurrence that is the subject matter of the opposing party's claim anddoes not require for its adjudication the presence of third parties of whomthe court cannot acquire jurisdiction; but the pleader need not state theclaim if (1) at the time the action was commenced the claim was the subject ofanother pending action, or (2) the opposing party brought suit upon suchparty's claim by attachment or other process by which the court did not acquirejurisdiction to render a personal judgment on that claim, and the pleaderis not stating any other counterclaim under this section.
(b) Permissive counterclaims. A pleading may state as acounterclaim any claim against an opposing party not arising out of thetransaction or occurrence that is the subject matter of the opposingparty's claim.
(c) Counterclaim exceeding opposing claim. A counterclaim may ormay not diminish or defeat the recovery sought by the opposing party. Itmay claim relief exceeding in amount or different in kind from that soughtin the pleading of the opposing party.
(d) Effect of death or limitations. When cross demands haveexisted between persons under such circumstances that, if one had brought anaction against the other, a counterclaim or cross-claim could have been set up,neither can be deprived of the benefit thereof by the assignment or deathof the other or by reason of the statute of limitations if arising out ofthe contract or transaction set forth in the petition as the foundation ofplaintiff's claim or connected with the subject of the action; but the twodemands must be deemed compensated so far as they equal each other.
(e) Counterclaim maturing or acquired after pleading. A claimwhich either matured or was acquired by the pleader after serving the pleadingmay, with the permission of the court, be presented as a counterclaim bysupplemental pleading.
(f) Omitted counterclaim. When a pleader fails to set up acounterclaim through oversight, inadvertence, or excusable neglect, or whenjustice requires, the pleader may by leave of court set up the counterclaimby amendment.
(g) Compulsory cross-claim against co-party. In an actioninvolving a claim governed by K.S.A. 60-258a and amendments thereto, aparty shall state as a cross-claim any claim that party has against anyco-party arising out of the transaction or occurrence that is the subjectmatter of the claim governed by K.S.A. 60-258a and amendments thereto.
(h) Permissive cross-claim against co-party. A pleading may stateas a cross-claim any claim by one party against a co-party arising out of thetransaction or occurrence that is the subject matter either of the originalaction or of a counterclaim therein or relating to any property that is thesubject matter of the original action. Such cross-claim may include a claimthat the party against whom it is asserted is or may be liable to thecross-claimant for all or part of a claim asserted in the action againstthe cross-claimant.
(i) Joinder of additional parties. Persons other than those madeparties to the original action may be made parties to a counterclaim orcross-claim in accordance with the provisions of K.S.A.60-219 and 60-220, and amendments thereto.
(j) Separate trials; separate judgments. If the court ordersseparate trials as provided in K.S.A. 60-242 and amendmentsthereto judgment on acounterclaim or cross-claim may be rendered in accordance with the terms ofK.S.A. 60-254 and amendments thereto when the judge has jurisdictionso to do, even if theclaims of the opposing party have been dismissed or otherwise disposed of.
(k) Appealed and removed actions. When an action is filed in thedistrict court pursuant to the code of civil procedure forlimited actions and such action is transferred asprovided inK.S.A. 61-2910, and amendments thereto orsuch action is heardby a district magistrate judge and is appealed and a trial de novowillbe held before a district judge, anycounterclaim made compulsory by subsection (a) shall bestated as an amendment to the pleading within 20 days after suchfiling or such other time as the court shall allow. Other counterclaims andcross-claims shall be permitted as in an original action in the districtcourt pursuant to this chapter.
60-213.Counterclaims and cross-claims.(a) Compulsory counterclaims. A pleading shall state as acounterclaim any claim which at the time of serving the pleading thepleader has against any opposing party, if it arises out of the transactionor occurrence that is the subject matter of the opposing party's claim anddoes not require for its adjudication the presence of third parties of whomthe court cannot acquire jurisdiction; but the pleader need not state theclaim if (1) at the time the action was commenced the claim was the subject ofanother pending action, or (2) the opposing party brought suit upon suchparty's claim by attachment or other process by which the court did not acquirejurisdiction to render a personal judgment on that claim, and the pleaderis not stating any other counterclaim under this section.
(b) Permissive counterclaims. A pleading may state as acounterclaim any claim against an opposing party not arising out of thetransaction or occurrence that is the subject matter of the opposingparty's claim.
(c) Counterclaim exceeding opposing claim. A counterclaim may ormay not diminish or defeat the recovery sought by the opposing party. Itmay claim relief exceeding in amount or different in kind from that soughtin the pleading of the opposing party.
(d) Effect of death or limitations. When cross demands haveexisted between persons under such circumstances that, if one had brought anaction against the other, a counterclaim or cross-claim could have been set up,neither can be deprived of the benefit thereof by the assignment or deathof the other or by reason of the statute of limitations if arising out ofthe contract or transaction set forth in the petition as the foundation ofplaintiff's claim or connected with the subject of the action; but the twodemands must be deemed compensated so far as they equal each other.
(e) Counterclaim maturing or acquired after pleading. A claimwhich either matured or was acquired by the pleader after serving the pleadingmay, with the permission of the court, be presented as a counterclaim bysupplemental pleading.
(f) Omitted counterclaim. When a pleader fails to set up acounterclaim through oversight, inadvertence, or excusable neglect, or whenjustice requires, the pleader may by leave of court set up the counterclaimby amendment.
(g) Compulsory cross-claim against co-party. In an actioninvolving a claim governed by K.S.A. 60-258a and amendments thereto, aparty shall state as a cross-claim any claim that party has against anyco-party arising out of the transaction or occurrence that is the subjectmatter of the claim governed by K.S.A. 60-258a and amendments thereto.
(h) Permissive cross-claim against co-party. A pleading may stateas a cross-claim any claim by one party against a co-party arising out of thetransaction or occurrence that is the subject matter either of the originalaction or of a counterclaim therein or relating to any property that is thesubject matter of the original action. Such cross-claim may include a claimthat the party against whom it is asserted is or may be liable to thecross-claimant for all or part of a claim asserted in the action againstthe cross-claimant.
(i) Joinder of additional parties. Persons other than those madeparties to the original action may be made parties to a counterclaim orcross-claim in accordance with the provisions of K.S.A.60-219 and 60-220, and amendments thereto.
(j) Separate trials; separate judgments. If the court ordersseparate trials as provided in K.S.A. 60-242 and amendmentsthereto judgment on acounterclaim or cross-claim may be rendered in accordance with the terms ofK.S.A. 60-254 and amendments thereto when the judge has jurisdictionso to do, even if theclaims of the opposing party have been dismissed or otherwise disposed of.
(k) Appealed and removed actions. When an action is filed in thedistrict court pursuant to the code of civil procedure forlimited actions and such action is transferred asprovided inK.S.A. 61-2910, and amendments thereto orsuch action is heardby a district magistrate judge and is appealed and a trial de novowillbe held before a district judge, anycounterclaim made compulsory by subsection (a) shall bestated as an amendment to the pleading within 20 days after suchfiling or such other time as the court shall allow. Other counterclaims andcross-claims shall be permitted as in an original action in the districtcourt pursuant to this chapter.
