reglab/housing_qa huggingface dataset:
KS Stat § 60-219 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 2 - Rules Of Civil Procedure|60-219 Required joinder of parties; feasibility.

60-219. Required joinder of parties; feasibility. (a) Persons required to be joined if feasible. (1) Required party. A person who is subject to service of process must be joined as a party if:(A) In that person's absence, the court cannot accord complete relief among existing parties; or(B) that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person's absence may:(i) As a practical matter, impair or impede the person's ability to protect the interest; or(ii) leave an existing party subject to a substantial risk of incurring double, multiple or otherwise inconsistent obligations because of the interest.(2) Joinder by court order. If a person has not been joined as required, the court must order that the person be made a party. A person who refuses to join as a plaintiff may be made either a defendant or, in a proper case, an involuntary plaintiff.(3) Venue. If a joined party objects to venue and the joinder would make venue improper, the court must dismiss the party.(b) When joinder is not feasible. If a person who is required to be joined if feasible cannot be joined, the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed. The factors for the court to consider include:(1) The extent to which a judgment rendered in the person's absence might prejudice that person or the existing parties;(2) the extent to which any prejudice could be lessened or avoided by:(A) Protective provisions in the judgment;(B) shaping the relief; or(C) other measures;(3) whether a judgment rendered in the person's absence would be adequate; and(4) whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder.(c) Pleading the reasons for nonjoinder. When asserting a claim for relief, a party must state:(1) The name, if known of any person who is required to be joined if feasible, but is not joined; and(2) the reasons for not joining that person.(d) Exception for class actions. This section is subject to the provisions of K.S.A. 60-223, and amendments thereto.(e) Nominee. In an action in which any relief sought would determine title or affect a security interest in real property, a person who is subject to service of process must be joined as a party if the person is a nominee of record on behalf of a beneficial owner of a claimed interest in the property that is the subject of the action. The nominee need not be a party required to be joined under subsection (a)(1).History: L. 1963, ch. 303, 60-219; amended by Supreme Court order dated July 17, 1969; L. 2010, ch. 135, § 86; July 1.
KS Stat § 60-220 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 2 - Rules Of Civil Procedure|60-220 Permissive joinder of parties.

60-220. Permissive joinder of parties. (a) Persons who may join or be joined. (1) Plaintiffs. Persons may join in one action as plaintiffs if:(A) They assert any right to relief jointly, severally or in the alternative with respect to or arising out of the same transaction, occurrence or series of transactions or occurrences; and(B) any question of law or fact common to all plaintiffs will arise in the action.(2) Defendants. Persons may be joined in one action as defendants if:(A) Any right to relief is asserted against them jointly, severally or in the alternative with respect to or arising out of the same transaction, occurrence or series of transactions or occurrences; and(B) any question of law or fact common to all defendants will arise in the action.(3) Extent of relief. Neither a plaintiff nor a defendant need be interested in obtaining or defending against all the relief demanded. The court may grant judgment to one or more plaintiffs according to their rights, and against one or more defendants according to their liabilities.(b) Protective measures. The court may issue orders, including an order for separate trials, to protect a party against embarrassment, delay, expense or other prejudice that arises from including a person against whom the party asserts no claim and who asserts no claim against the party.History: L. 1963, ch. 303, 60-220; amended by Supreme Court order dated July 17, 1969; L. 2010, ch. 135, § 87; July 1.
KS Stat § 60-221 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 2 - Rules Of Civil Procedure|60-221 Misjoinder and nonjoinder of parties.

60-221. Misjoinder and nonjoinder of parties. Misjoinder of parties is not a ground for dismissing an action. On motion, or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.History: L. 1963, ch. 303, 60-221; L. 2010, ch. 135, § 88; July 1.
KS Stat § 60-222 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 2 - Rules Of Civil Procedure|60-222 Interpleader.

60-222. Interpleader. (a) Grounds. (1) By a plaintiff. Persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. Joinder for interpleader is proper even though:(A) The claims of the several claimants, or the titles on which their claims depend, lack a common origin or are adverse and independent rather than identical; or(B) the plaintiff denies liability in whole or in part to any or all of the claimants.(2) By a defendant. A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim.(b) Disclaiming interpleader. (1) A party's answer may plead that:(A) Another person, without collusion with the party, has a claim or has made a claim to money or property in the party's possession; and(B) the party is ready to pay or dispose of the money or property as the court orders.(2) The court may issue an order for the safekeeping, including the payment or deposit in court or the delivery to a custodian, of the money or property. The court may issue an order requiring the person to appear at a specific time and assert or relinquish a claim against the money or property. A copy of the order must be served on the person in the manner provided for service of summons in article 3 of chapter 60 of the Kansas Statutes Annotated.(3) If the person fails to appear at the specified time, the court may bar any claim by the person to the money or property. If the person appears and asserts a claim against the money or property, the court must discharge the party from all liability with respect to the money or property upon the party's deposit or delivery of the money or property as ordered by the court. The court must realign the remaining parties as their interests appear.(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, and amendments thereto.History: L. 1963, ch. 303, 60-222; L. 2010, ch. 135, § 89; July 1.
KS Stat § 60-223a (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 2 - Rules Of Civil Procedure|60-223a Derivative actions.

60-223a. Derivative actions. (a) Prerequisites. This section applies when one or more shareholders or members of a corporation or an unincorporated association bring a derivative action to enforce a right that the corporation or association may properly assert but has failed to enforce. The derivative action may not be maintained if it appears that the plaintiff does not fairly and adequately represent the interests of shareholders or members who are similarly situated in enforcing the right of the corporation or association.(b) Pleading requirements. The petition must be verified and must:(1) Allege that the plaintiff was a shareholder or member at the time of the transaction complained of, or that the plaintiff's share or membership later devolved on it by operation of law;(2) allege that the action is not a collusive one to confer jurisdiction that the court would otherwise lack; and(3) state with particularity:(A) Any effort by the plaintiff to obtain the desired action from the directors or comparable authority and, if necessary, from the shareholders or members; and(B) the reasons for not obtaining the action or not making the effort.(c) Conducting the action. In conducting an action under this section, the court may issue any appropriate orders corresponding with those described in subsection (d) of K.S.A. 60-223, and amendments thereto.(d) Settlement, dismissal and compromise. A derivative action may be settled, voluntarily dismissed or compromised only with the court's approval. Notice of a proposed settlement, voluntary dismissal or compromise must be given to shareholders or members in the manner that the court orders.History: Order of Supreme Court dated July 17, 1969; L. 2010, ch. 135, § 91; July 1.
KS Stat § 60-223b (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 2 - Rules Of Civil Procedure|60-223b Actions relating to unincorporated associations.

60-223b. Actions relating to unincorporated associations. This section applies to an action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties. The action may be maintained only if it appears that those parties will fairly and adequately protect the interests of the association and its members. In conducting the action, the court may issue any appropriate orders corresponding with those described in subsection (d) of K.S.A. 60-223, and amendments thereto, and the procedure for settlement, voluntary dismissal or compromise must correspond with the procedure in subsection (e) of K.S.A. 60-223, and amendments thereto.History: Order of Supreme Court dated July 17, 1969; L. 2010, ch. 135, § 92; July 1.
KS Stat § 60-224 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 2 - Rules Of Civil Procedure|60-224 Intervention.

60-224. Intervention. (a) Intervention of right. On timely motion, the court must permit anyone to intervene who:(1) Is given an unconditional right to intervene by a statute; or(2) claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter substantially impair or impede the movant's ability to protect its interest, unless existing parties adequately represent that interest.(b) Permissive intervention. (1) In general. On timely motion, the court may permit anyone to intervene who:(A) Is given a conditional right to intervene by a statute; or(B) has a claim or defense that shares with the main action a common question of law or fact.(2) By a government officer or agency. (A) On timely motion, the court may permit a governmental officer or agency to intervene if a party's claim or defense is based on:(i) A statute or executive order administered by the officer or agency; or(ii) any regulation, order, requirement or agreement issued or made under the statute or executive order.(B) When the validity of an ordinance, regulation, statute or constitutional provision of this state or a governmental subdivision of this state is drawn in question in any action to which the state or governmental subdivision or an officer, agency or employee thereof is not a party, the court may notify the chief legal officer of the state or its subdivision, and permit intervention on proper application.(C) When notice to the attorney general is required by K.S.A. 75-764, and amendments thereto, the court must permit intervention by the attorney general on proper application.(3) Delay or prejudice. In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties' rights.(c) Notice and pleading required. A motion to intervene must be served on the parties as provided in K.S.A. 60-205, and amendments thereto. The motion must state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought.History: L. 1963, ch. 303, 60-224; amended by Supreme Court order dated July 17, 1969; L. 2010, ch. 135, § 93; L. 2016, ch. 8, § 2; July 1.
KS Stat § 60-225 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 2 - Rules Of Civil Procedure|60-225 Substitution of parties.

60-225. Substitution of parties. (a) Death. (1) Substitution if the claim is not extinguished. If a party dies and the claim is not extinguished, the court must on motion order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative. If the motion is not made within a reasonable time after service of a statement noting the death, the action by or against the decedent must be dismissed.(2) Continuation among the remaining parties. After a party's death, if the right sought to be enforced survives only to or against the remaining parties, the action does not abate, but proceeds in favor of or against the remaining parties. The death should be noted on the record.(3) Service. A motion to substitute, together with a notice of hearing, must be served on the parties as provided in K.S.A. 60-205, and amendments thereto, and on nonparties in the manner provided for the service of a summons. A statement noting death must be served in the same manner.(b) Incapacity. If a party becomes an incapacitated person, the court may, on motion permit the action to be continued by or against the party's representative as provided in subsection (c) of K.S.A. 60-217, and amendments thereto. The motion must be served as provided in subsection (a)(3).(c) Transfer of interest. If an interest is transferred, the action may be continued by or against the original party unless the court, on motion, orders the transferee to be substituted in the action or joined with the original party. The motion must be served as provided in subsection (a)(3).(d) Public officers; death or separation from office. An action does not abate when a public officer who is a party in an official capacity dies, resigns or otherwise ceases to hold office while the action is pending. The officer's successor is automatically substituted as a party. Later proceedings should be in the substituted party's name, but any misnomer not affecting the parties' substantial rights must be disregarded. The court may order substitution at any time, but the absence of such an order does not affect the substitution.(e) Continued representation by attorney. If a party dies or becomes an incapacitated person, that party's attorney may continue the representation in the name of the original party until a substitution has been made.History: L. 1963, ch. 303, 60-225; L. 1965, ch. 354, § 3; L. 2010, ch. 135, § 94; July 1.
KS Stat § 60-228 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 2 - Rules Of Civil Procedure|60-228 Persons before whom depositions may be taken.

60-228. Persons before whom depositions may be taken. (a) Within the United States. (1) Inside this state. Depositions in this state must be taken before:(A) An officer or person authorized to administer oaths by the laws of this state; and(B) a person who is certified as a certified court reporter by the Kansas supreme court.(2) Outside this state. Outside this state, but within the United States or a territory or insular possession subject to United States jurisdiction, a deposition must be taken before:(A) An officer authorized to administer oaths by the law in the place of examination; or(B) a person appointed by the court where the action is pending to administer oaths and take testimony.(3) Granting of commission. A court of this state in which an action is pending may grant a commission to one or more persons to take depositions inside or outside this state. The clerk may issue the commission under the seal of the court.(b) In a foreign country. (1) In general. A deposition may be taken in a foreign country:(A) Under an applicable treaty or convention;(B) under a letter of request, whether or not captioned a "letter rogatory";(C) on notice, before a person authorized to administer oaths either by federal law or by the law in the place of examination; or(D) before a person commissioned by the court to administer any necessary oath and take testimony.(2) Issuing a letter of request or a commission. A letter of request, a commission, or both may be issued:(A) On appropriate terms after an application and notice of it; and(B) without a showing that taking the deposition in another manner is impracticable or inconvenient.(3) Form of a request, notice or commission. When a letter of request or any other device is used according to a treaty or convention, it must be captioned in the form prescribed by that treaty or convention. A letter of request may be addressed "To the Appropriate Authority in (name of country)." A deposition notice or a commission must designate by name or descriptive title the person before whom the deposition is to be taken.(4) Letter of request; admitting evidence. Evidence obtained in response to a letter of request need not be excluded merely because it is not a verbatim transcript, because the testimony was not taken under oath or because of any similar departure from the requirements for depositions taken within this state.(c) Disqualification. A deposition must not be taken before a person who is any party's relative, employee or attorney, who is related to or employed by any party's attorney or who is financially interested in the action.History: L. 1963, ch. 303, 60-228; L. 1997, ch. 173, § 12; L. 2000, ch. 175, § 2; L. 2010, ch. 135, § 97; L. 2012, ch. 13, § 1; July 1.
KS Stat § 60-229 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 2 - Rules Of Civil Procedure|60-229 Discovery procedure; stipulations.

60-229. Discovery procedure; stipulations. Unless the court orders otherwise, the parties may stipulate that:(a) A deposition may be taken before any person, at any time or place, on any notice, and in the manner specified, in which event it may be used in the same way as any other deposition; and(b) other procedures governing or limiting discovery be modified, but a stipulation extending the time for any form of discovery must have court approval if it would interfere with the time set for completing discovery, for hearing a motion or for trial.History: L. 1963, ch. 303, 60-229; amended by Supreme Court order dated July 20, 1972; L. 2010, ch. 135, § 98; July 1.
KS Stat § 60-231 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 2 - Rules Of Civil Procedure|60-231 Depositions by written questions.

60-231. Depositions by written questions. (a) When a deposition may be taken. (1) Without leave. A party may, by written questions, depose any person, including a party, without leave of court except as provided in subsection (a)(2). The deponent's attendance may be compelled by subpoena under K.S.A. 60-245, and amendments thereto.(2) With leave. A party must obtain leave of court, and the court must grant leave to the extent consistent with K.S.A. 60-226(b)(1) and (2), and amendments thereto:(A) If the parties have not stipulated to the deposition and:(i) The deponent has already been deposed in the case; or(ii) the party seeks to take the deposition before the time specified in K.S.A. 60-216(b), and amendments thereto; or(B) if the deponent is confined in prison.(3) Service; required notice. A party who wants to depose a person by written questions must serve them on every other party, with a notice stating, if known, the deponent's name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. The notice must also state the name or descriptive title and the address of the officer before whom the deposition will be taken.(4) Questions directed to an organization. A public or private corporation, a partnership, an association, a governmental agency or other entity may be deposed by written questions in accordance with K.S.A. 60-230(b)(6), and amendments thereto.(5) Questions from other parties. Any question to the deponent from other parties must be served on all parties as follows: cross-questions, within 14 days after being served with the notice and direct questions; redirect questions, within 14 days after being served with cross-questions; and recross-questions, within 14 days after being served with redirect questions. The court may, for good cause, extend or shorten these times.(b) Delivery to the officer; officer's duties. The party who noticed the deposition must deliver to the officer a copy of all the questions served and of the notice. The officer must promptly proceed in the manner provided in K.S.A. 60-230(c), (e) and (f), and amendments thereto, to:(1) Take the deponent's testimony in response to the questions;(2) prepare and certify the deposition; and(3) send it to the party, attaching a copy of the questions and of the notice.(c) Notice of completion or filing. (1) Completion. The party who noticed the deposition must notify all other parties when it is completed.(2) Filing. A party who files the deposition must promptly notify all other parties of the filing.History: L. 1963, ch. 303, § 60-231; amended by Supreme Court order dated July 20, 1972; L. 1987, ch. 218, § 3; L. 1997, ch. 173, § 14; L. 2010, ch. 135, § 100; L. 2017, ch. 75, § 6; July 1.