60-225.Substitution of parties.(a) Death of party. (1) Where claim not extinguished. If a partydies and the claim is not thereby extinguished, the court shall on motionorder substitution of the proper parties. The motion for substitution maybe made by any party or by the successors or representatives of thedeceased party or by any party and, together with the notice of thehearing, shall be served on the parties as provided in K.S.A. 60-205, andupon persons not parties in the manner provided for the service of asummons. Unless the motion for substitution is made within a reasonabletime after the death is suggested upon the record by service of a statementof the fact of the death as provided herein for the service of the motion,the action shall be dismissed as to the deceased party.
(2) Where right survives only to or against surviving party. In theevent of the death of one or more of the plaintiffs or of one or more ofthe defendants in an action in which the right sought to be enforcedsurvives only to the surviving plaintiffs or only against the survivingdefendants, the action does not abate. The death shall be suggested uponthe record and the action shall proceed in favor of or against thesurviving parties.
(b) Incapacity. If a party becomes an incapacitated person, thecourt, upon motion served as provided in subsection (a) of this section,may allow the action to be continued by or against his or her representative asprovided in K.S.A. 60-217 (c).
(c) Transfer of interest. In case of any transfer of interest, theaction may be continued by or against the original party, unless the court,upon motion, directs the person to whom the interest is transferred to besubstituted in the action or joined with the original party. Service of themotion shall be made as provided in subsection (a) of this section.
(d) Public officers -- death or separation from office. When anypublic officer is a party to an action as such and during its pendencydies, resigns or otherwise ceases to hold office, the action may becontinued and maintained by or against his or her successor upon motion forsubstitution. Before a substitution is made, the party or officer to beaffected, unless expressly assenting thereto, shall be given reasonablenotice of the application therefor and accorded an opportunity to object.If no successor is otherwise appointed or elected, the court in which theaction is pending may appoint a successor for the prosecution or defense ofthe action.
(e) Continued representation by attorney. An attorney representinga party who dies or becomes an incapacitated person, or a public officerwho dies or is separated from his or her office, in any action, may, in order toprotect rights and avoid time limitations, continue such representation inthe name of the original party until there has been a substitutiontherefor.
History: L. 1963, ch. 303, 60-225; L. 1965, ch.354, § 3; Jan. 1, 1966.
60-225.Substitution of parties.(a) Death of party. (1) Where claim not extinguished. If a partydies and the claim is not thereby extinguished, the court shall on motionorder substitution of the proper parties. The motion for substitution maybe made by any party or by the successors or representatives of thedeceased party or by any party and, together with the notice of thehearing, shall be served on the parties as provided in K.S.A. 60-205, andupon persons not parties in the manner provided for the service of asummons. Unless the motion for substitution is made within a reasonabletime after the death is suggested upon the record by service of a statementof the fact of the death as provided herein for the service of the motion,the action shall be dismissed as to the deceased party.
(2) Where right survives only to or against surviving party. In theevent of the death of one or more of the plaintiffs or of one or more ofthe defendants in an action in which the right sought to be enforcedsurvives only to the surviving plaintiffs or only against the survivingdefendants, the action does not abate. The death shall be suggested uponthe record and the action shall proceed in favor of or against thesurviving parties.
(b) Incapacity. If a party becomes an incapacitated person, thecourt, upon motion served as provided in subsection (a) of this section,may allow the action to be continued by or against his or her representative asprovided in K.S.A. 60-217 (c).
(c) Transfer of interest. In case of any transfer of interest, theaction may be continued by or against the original party, unless the court,upon motion, directs the person to whom the interest is transferred to besubstituted in the action or joined with the original party. Service of themotion shall be made as provided in subsection (a) of this section.
(d) Public officers -- death or separation from office. When anypublic officer is a party to an action as such and during its pendencydies, resigns or otherwise ceases to hold office, the action may becontinued and maintained by or against his or her successor upon motion forsubstitution. Before a substitution is made, the party or officer to beaffected, unless expressly assenting thereto, shall be given reasonablenotice of the application therefor and accorded an opportunity to object.If no successor is otherwise appointed or elected, the court in which theaction is pending may appoint a successor for the prosecution or defense ofthe action.
(e) Continued representation by attorney. An attorney representinga party who dies or becomes an incapacitated person, or a public officerwho dies or is separated from his or her office, in any action, may, in order toprotect rights and avoid time limitations, continue such representation inthe name of the original party until there has been a substitutiontherefor.
History: L. 1963, ch. 303, 60-225; L. 1965, ch.354, § 3; Jan. 1, 1966.
60-225.Substitution of parties.(a) Death of party. (1) Where claim not extinguished. If a partydies and the claim is not thereby extinguished, the court shall on motionorder substitution of the proper parties. The motion for substitution maybe made by any party or by the successors or representatives of thedeceased party or by any party and, together with the notice of thehearing, shall be served on the parties as provided in K.S.A. 60-205, andupon persons not parties in the manner provided for the service of asummons. Unless the motion for substitution is made within a reasonabletime after the death is suggested upon the record by service of a statementof the fact of the death as provided herein for the service of the motion,the action shall be dismissed as to the deceased party.
(2) Where right survives only to or against surviving party. In theevent of the death of one or more of the plaintiffs or of one or more ofthe defendants in an action in which the right sought to be enforcedsurvives only to the surviving plaintiffs or only against the survivingdefendants, the action does not abate. The death shall be suggested uponthe record and the action shall proceed in favor of or against thesurviving parties.
(b) Incapacity. If a party becomes an incapacitated person, thecourt, upon motion served as provided in subsection (a) of this section,may allow the action to be continued by or against his or her representative asprovided in K.S.A. 60-217 (c).
(c) Transfer of interest. In case of any transfer of interest, theaction may be continued by or against the original party, unless the court,upon motion, directs the person to whom the interest is transferred to besubstituted in the action or joined with the original party. Service of themotion shall be made as provided in subsection (a) of this section.
(d) Public officers -- death or separation from office. When anypublic officer is a party to an action as such and during its pendencydies, resigns or otherwise ceases to hold office, the action may becontinued and maintained by or against his or her successor upon motion forsubstitution. Before a substitution is made, the party or officer to beaffected, unless expressly assenting thereto, shall be given reasonablenotice of the application therefor and accorded an opportunity to object.If no successor is otherwise appointed or elected, the court in which theaction is pending may appoint a successor for the prosecution or defense ofthe action.
(e) Continued representation by attorney. An attorney representinga party who dies or becomes an incapacitated person, or a public officerwho dies or is separated from his or her office, in any action, may, in order toprotect rights and avoid time limitations, continue such representation inthe name of the original party until there has been a substitutiontherefor.
History: L. 1963, ch. 303, 60-225; L. 1965, ch.354, § 3; Jan. 1, 1966.
