Last amended July 1, 2010 · Last verified July 28, 2026
In one sentenceK.S.A. 60-217 requires a civil action to be prosecuted in the name of the real party in interest while listing representatives -- executors, guardians, trustees, and others -- who may sue in their own names, and sets special rules for claims under another state's law and for suits by or against minors, incapacitated persons, and public officers.
(1)Designation in general. An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought:
(A)An executor;
(B)an administrator;
(C)a guardian;
(D)a conservator;
(E)a bailee;
(F)a trustee of an express trust;
(G)a receiver;
(H)a party with whom or in whose name a contract has been made for another's benefit; and
(I)a party authorized by statute.
(2)Action in the name of the state of Kansas for another's use or benefit. When a statute so provides, an action for another's use or benefit must be brought in the name of the state of Kansas.
(3)Joinder of the real party in interest. The court may not dismiss an action for failure to prosecute in the name of the real party in interest until, after an objection, a reasonable time has been allowed for the real party in interest to ratify, join or be substituted into the action. After ratification, joinder or substitution, the action proceeds as if it had been originally commenced by the real party in interest.
(b)Claim accruing under law of another state. A claim for relief that has accrued under the laws of another state or territory may be sued upon by the person or persons authorized to bring and maintain an action on the claim in the state or territory where it arose. When the law of the state or territory where a claim for relief for death arose authorizes the action to be prosecuted by an administrator or executor, then the action may also be maintained by an administrator or executor appointed under the laws of this state.
(1)With a representative. The following representatives may sue or defend on behalf of a minor or an incapacitated person:
(A)A general guardian;
(B)a committee;
(C)a conservator; or
(D)a like fiduciary.
(2)Without a representative. A minor or an incapacitated person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem, or issue another appropriate order, to protect a minor or incapacitated person who is unrepresented in an action.
(d)Public officer's title and name. A public officer who sues or is sued in an official capacity may be designated by official title rather than by name, but the court may order that the officer's name be added.
Amendment History
L. 1963, ch. 303, 60-217; L. 1965, ch. 354, § 2; L. 1986, ch. 215, § 5; L. 2010, ch. 135, § 84; July 1.
Plain-English Summary
Subsection (a)(1) states the basic rule: an action must be prosecuted in the name of the real party in interest -- the person who holds the substantive right being sued on. But the rule then lists categories of representatives who can sue in their own names without joining the person they represent: an executor, an administrator, a guardian, a conservator, a bailee, a trustee of an express trust, a receiver, a party who made a contract in their own name for another's benefit, and any party a statute authorizes to sue this way. Subsection (a)(2) requires that when a statute directs an action for someone else's use or benefit, it must be brought in the name of the state of Kansas. Subsection (a)(3) protects a case from dismissal over this technicality -- the court can't dismiss for failure to prosecute in the real party's name until, after an objection is raised, the real party in interest has had a reasonable time to ratify the action, join it, or be substituted in; once that happens, the action proceeds as if the real party had brought it from the start.
Subsection (b) addresses a claim that accrued under another state's or territory's law: the person or persons authorized to sue on it there may bring the action here too, and if that jurisdiction lets an administrator or executor prosecute a wrongful-death claim, a Kansas-appointed administrator or executor can maintain the action as well.
Subsection (c) covers minors and incapacitated persons. Where a general guardian, committee, conservator, or similar fiduciary already represents that person, the representative sues or defends on the person's behalf. Where no such representative exists, the minor or incapacitated person can sue by a next friend or guardian ad litem, and the court must appoint a guardian ad litem, or issue some other appropriate order, to protect that person if they're otherwise unrepresented in the action. Subsection (d) lets a public officer who sues or is sued in an official capacity be identified by title instead of by personal name, though the court retains the power to order the officer's actual name added.
Frequently Asked Questions
Do I have to sue in my own name if I'm bringing a claim as a trustee or guardian?
No. Subsection (a)(1) lists trustees of an express trust, guardians, conservators, executors, administrators, bailees, receivers, and parties named in a contract for another's benefit among those who may sue in their own names without joining the person they represent.
Can my case be thrown out just because it wasn't filed in the real party in interest's name?
Not right away. Subsection (a)(3) requires the court to give the real party in interest a reasonable time to ratify, join, or be substituted into the action after an objection is raised, before dismissal is even on the table. Once that happens, the case proceeds as though the real party had filed it originally.
Who can sue on behalf of a minor or incapacitated person in Kansas?
Subsection (c) allows a general guardian, committee, conservator, or similar fiduciary to sue or defend on that person's behalf. If no representative exists, the minor or incapacitated person can sue through a next friend or guardian ad litem, and the court must appoint one, or issue another protective order, if the person is otherwise unrepresented.
Can I sue a public officer by their job title instead of their name?
Yes. Subsection (d) allows a public officer sued in an official capacity to be designated by official title rather than by name, though the court can order the officer's name added.
What happens to a wrongful-death claim that accrued under another state's law?
Subsection (b) allows the person or persons authorized under that state's or territory's law to sue on it here. If that law lets an administrator or executor bring the wrongful-death claim, an administrator or executor appointed under Kansas law can maintain the action too.
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
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