60-217.Parties; capacity.(a) Real party in interest. Every action shall be prosecuted in thename of the real party in interest; but an executor, administrator,guardian, conservator, trustee of an express trust, receiver, a party withwhom or in whose name a contract has been made for the benefit of another,or a party authorized by statute may sue in the party'sown name without joining the party for whose benefitthe action is brought. When a statute so provides, an actionfor the use or benefit of another shall bebrought in the name of the state of Kansas. No action shall be dismissedon the ground that it is not prosecuted in the name of the real party ininterest until a reasonable time has been allowed after objection forratification of commencement of the action by, or joinder or substitutionof, the real party in interest; and such ratification, joinder orsubstitution shall have the same effect as if the action had been commencedin the name of the real party in interest.
(b) Claim accruing under law of another state. Whenever a cause ofaction has accrued under or by virtue of the laws of any other state orterritory, such cause of action may be sued upon in any of the courts ofthis state by the person or persons who are authorized to bring andmaintain an action thereon in the state or territory where the same arose.When the law of the state or territory where a cause of action for deatharose authorizes said action to be prosecuted by an administrator orexecutor, then said action may also be maintained in any of the courts ofthis state by an administrator or executor appointed under the laws of thestate of Kansas.
(c) Minors or incapacitated persons. Whenever a minor orincapacitated person has a representative, such as a general guardian,committee, conservator, or other like fiduciary, the representative may sueor defend on behalf of the minor or incapacitated person. If a minor orincapacitated person does not have a duly appointed representative theminor or incapacitated person maysue by the minor or incapacitated person's next friend or by aguardian ad litem. The court shallappoint a guardian ad litem for a minor or incapacitated person nototherwise represented in an action or shall make such other order as itdeems proper for the protection of the minor or incapacitated person.
History: L. 1963, ch. 303, 60-217; L. 1965, ch.354, § 2;L. 1986, ch. 215, § 5; July 1.
60-217.Parties; capacity.(a) Real party in interest. Every action shall be prosecuted in thename of the real party in interest; but an executor, administrator,guardian, conservator, trustee of an express trust, receiver, a party withwhom or in whose name a contract has been made for the benefit of another,or a party authorized by statute may sue in the party'sown name without joining the party for whose benefitthe action is brought. When a statute so provides, an actionfor the use or benefit of another shall bebrought in the name of the state of Kansas. No action shall be dismissedon the ground that it is not prosecuted in the name of the real party ininterest until a reasonable time has been allowed after objection forratification of commencement of the action by, or joinder or substitutionof, the real party in interest; and such ratification, joinder orsubstitution shall have the same effect as if the action had been commencedin the name of the real party in interest.
(b) Claim accruing under law of another state. Whenever a cause ofaction has accrued under or by virtue of the laws of any other state orterritory, such cause of action may be sued upon in any of the courts ofthis state by the person or persons who are authorized to bring andmaintain an action thereon in the state or territory where the same arose.When the law of the state or territory where a cause of action for deatharose authorizes said action to be prosecuted by an administrator orexecutor, then said action may also be maintained in any of the courts ofthis state by an administrator or executor appointed under the laws of thestate of Kansas.
(c) Minors or incapacitated persons. Whenever a minor orincapacitated person has a representative, such as a general guardian,committee, conservator, or other like fiduciary, the representative may sueor defend on behalf of the minor or incapacitated person. If a minor orincapacitated person does not have a duly appointed representative theminor or incapacitated person maysue by the minor or incapacitated person's next friend or by aguardian ad litem. The court shallappoint a guardian ad litem for a minor or incapacitated person nototherwise represented in an action or shall make such other order as itdeems proper for the protection of the minor or incapacitated person.
History: L. 1963, ch. 303, 60-217; L. 1965, ch.354, § 2;L. 1986, ch. 215, § 5; July 1.
60-217.Parties; capacity.(a) Real party in interest. Every action shall be prosecuted in thename of the real party in interest; but an executor, administrator,guardian, conservator, trustee of an express trust, receiver, a party withwhom or in whose name a contract has been made for the benefit of another,or a party authorized by statute may sue in the party'sown name without joining the party for whose benefitthe action is brought. When a statute so provides, an actionfor the use or benefit of another shall bebrought in the name of the state of Kansas. No action shall be dismissedon the ground that it is not prosecuted in the name of the real party ininterest until a reasonable time has been allowed after objection forratification of commencement of the action by, or joinder or substitutionof, the real party in interest; and such ratification, joinder orsubstitution shall have the same effect as if the action had been commencedin the name of the real party in interest.
(b) Claim accruing under law of another state. Whenever a cause ofaction has accrued under or by virtue of the laws of any other state orterritory, such cause of action may be sued upon in any of the courts ofthis state by the person or persons who are authorized to bring andmaintain an action thereon in the state or territory where the same arose.When the law of the state or territory where a cause of action for deatharose authorizes said action to be prosecuted by an administrator orexecutor, then said action may also be maintained in any of the courts ofthis state by an administrator or executor appointed under the laws of thestate of Kansas.
(c) Minors or incapacitated persons. Whenever a minor orincapacitated person has a representative, such as a general guardian,committee, conservator, or other like fiduciary, the representative may sueor defend on behalf of the minor or incapacitated person. If a minor orincapacitated person does not have a duly appointed representative theminor or incapacitated person maysue by the minor or incapacitated person's next friend or by aguardian ad litem. The court shallappoint a guardian ad litem for a minor or incapacitated person nototherwise represented in an action or shall make such other order as itdeems proper for the protection of the minor or incapacitated person.
History: L. 1963, ch. 303, 60-217; L. 1965, ch.354, § 2;L. 1986, ch. 215, § 5; July 1.
