K.S.A. 60-214.Third-party practice
Last amended July 1, 2011 · Last verified July 28, 2026
Full Text of K.S.A. 60-214
Amendment History
L. 1963, ch. 303, 60-214; amended by Supreme Court order dated July 17, 1969; L. 1997, ch. 173, § 7; L. 2010, ch. 135, § 81; L. 2011, ch. 48, § 7; July 1.
Plain-English Summary
Subsection (a) lets a defending party -- as a third-party plaintiff -- serve a summons and petition on a nonparty it believes is or may be liable for all or part of the claim against it. That's available without asking the court's permission only within 14 days of serving the original answer; file later and the third-party plaintiff needs the court's leave by motion. The person brought in this way, the third-party defendant, has to assert any defense available under K.S.A. 60-212 and must bring any counterclaim against the third-party plaintiff that's compulsory under K.S.A. 60-213(a), or any crossclaim against another third-party defendant that's compulsory under 60-213(f), while permissive counterclaims and crossclaims under 60-213(b) and (g) are optional for that party too.
The rule also opens up claims that cut across the original lawsuit. The third-party defendant may assert against the plaintiff any defense the third-party plaintiff has to the plaintiff's claim, and may assert against the plaintiff any claim arising from the same transaction or occurrence as the plaintiff's claim against the third-party plaintiff. The plaintiff, in turn, may assert against the third-party defendant any claim arising from that same transaction or occurrence, and once the plaintiff does, the third-party defendant owes it the same defenses and counterclaim obligations under 60-212 and 60-213 that it owes the third-party plaintiff. Subsection (a)(4) lets any party move to strike, sever, or separately try the third-party claim, and subsection (a)(5) lets a third-party defendant bring in its own third-party defendant under the same procedure.
Subsection (b) extends the whole mechanism to a plaintiff: when a claim is asserted against a plaintiff -- for example, a counterclaim -- that plaintiff may bring in a third party under this section exactly as a defendant could. Subsection (c) limits what a third-party plaintiff can collect: if the third-party defendant is liable to the plaintiff (or to anyone in a similar position), the third-party plaintiff can only execute on a judgment against that third-party defendant to the extent the third-party plaintiff has already paid the judgment entered against it.
Frequently Asked Questions
Do I need the court's permission to bring in a third-party defendant?
Not if you serve the third-party summons and petition within 14 days of serving your original answer. File after that window and subsection (a)(1) requires you to obtain the court's leave by motion.
What defenses and counterclaims does a third-party defendant have to raise?
Subsection (a)(2) requires the third-party defendant to assert any defense available under K.S.A. 60-212, any compulsory counterclaim against the third-party plaintiff under K.S.A. 60-213(a), and any compulsory crossclaim against another third-party defendant under 60-213(f). Permissive counterclaims and crossclaims under 60-213(b) and (g) are optional.
Can a third-party defendant raise defenses that belong to the original defendant?
Yes. Subsection (a)(2)(C) lets the third-party defendant assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff's claim.
Can a plaintiff use third-party practice too?
Yes. Subsection (b) allows a plaintiff who has a claim asserted against it -- such as a counterclaim -- to bring in a third party under this section just as a defendant could.
If I win a judgment against the third-party defendant, can I collect on it right away?
Only to the extent you've already paid the judgment entered against you. Subsection (c) limits a third-party plaintiff's execution on a judgment against the third-party defendant to whatever amount the third-party plaintiff has paid the underlying obligee.