61-2905. Counterclaims and cross-claims.
61-2905
61-2905. Counterclaims and cross-claims.(a) (1) Upon timely application of the plaintiff and in thediscretion of the court, a defendant may be required to plead any counterclaimwhich such party has against the plaintiff, if it arises out of the transactionor occurrence that is thesubject matter of the plaintiff's claim and does not require for itsadjudication the presenceof third parties of whom the court cannot acquire jurisdiction, except that thedefendant shallnot be required to plead any such claim if: (A) At the time the action wascommenced the claimwas the subject of another pending action; or (B) the plaintiff brought suitupon such plaintiff'sclaim by attachment or other process by which the court did not acquirejurisdiction to rendera personal judgment on that claim, and the defendant is not pleading any othercounterclaim.
(2) A defendant shall not be estopped from asserting in a subsequent actionany claim which suchdefendant may have against the plaintiff, if such defendant is not required toplead such claimpursuant to this section. Except as provided in subsections (a) and (k), theprovisions ofK.S.A. 60-213,and amendments thereto, relating to counterclaims and cross-claims, shall applytoproceedings pursuant to the code of civil procedure for limited actions,subject to the provisions of K.S.A. 61-2911, and amendments thereto.
(b) Notwithstanding the provisions of subsection (a), in an action involvinga claim governedby K.S.A. 60-258a, and amendments thereto, a party shall state as acounterclaim any claimthat party has against any opposing party arising out of the transaction oroccurrence that isthe subject matter of the claim governed by K.S.A. 60-258a, and amendmentsthereto.
History: L. 2000, ch. 161, § 11; Jan. 1, 2001.