Printable Format60-222. 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.
Source or prior law:
(a). L. 1889, ch. 151, § 13; L. 1909, ch. 182, § 241; R.S. 1923, 60-953.
(b). G.S. 1868, ch. 80, § 43; L. 1909, ch. 182, § 42; R.S. 1923, 60-418.
Cross References to Related Sections:
Joinder of parties, see 60-219, 60-220.
Law Review and Bar Journal References:
"Survey of Kansas Law: Insurance," Charles H. Oldfather, Jr., 27 K.L.R. 255, 260 (1979).
"Recent Development in Kansas Civil Procedure," E. Elinor P. Schroeder, 32 K.L.R. 515, 531 (1984).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-418, 60-953 and the 1961 Supp. thereto.
1. Interpleader proper where conflicting claims exist; persons having claims against defendant may be joined as additional defendants and required to interplead. Macek v. Swift & Co. Employees Benefit Association, 203 K. 581, 589, 590, 455 P.2d 521.
2. Insurance carrier faced with multiple unliquidated claims in excess of contractual liability; interpleader appropriate; promptness and good faith required. Club Exchange Corporation v. Searing, 222 K. 659, 662, 664, 567 P.2d 1353.
3. Attorney fees not authorized; interpleader action. Club Exchange Corporation v. Searing, 222 K. 659, 665, 567 P.2d 1353.
4. Interpleader discussed; where all claimants before court, aims of interpleader attained. Farmers State Bank & Trust Co. of Hays v. City of Yates Center, 229 K. 330, 336, 624 P.2d 971.
5. Mentioned in considering basis for allowing and fixing prejudgment interest. Mitchelson v. Travelers Ins. Co., 229 K. 567, 572, 629 P.2d 143 (1981).
6. Cited; contempt of court for disposing of subject matter under court's jurisdiction while lawsuit pending discussed. Edmiston v. First Nat'l Bank of Holcomb, 242 K. 13, 17, 744 P.2d 829 (1987).
7. Interpleader action not appropriate under facts. Johnson County Bank v. Ross, 28 K.A.2d 8, 13 P.3d 351 (2000).