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Kansas
Process Serving Laws
(Rules of Civil Procedure in the
United States)
Quick Answers:
Who can be a process server in
Kansas?
Any adult over the age of eighteen
(18) years old, that is not a party
to the case, or a member of a
corporation or organization that is
a party, may serve (deliver) the
papers.
Does Kansas require process
servers to be licensed?
No.
Are there any day or time restrictions to
service of process in Kansas?
No.
Kansas Rules of Civil Procedure
are from
CivilProcedure.info
Federal Rules of Civil Procedure
site
Because the laws of process service
may change from time to time, please
check the
Kansas Courts website for
updated rules of civil procedure in
Kansas.
Rules of Civil
Procedure in Kansas:
From Chapter 60,
Article 3 - Process
60-303. Methods of service of
process.
Methods of
service of process within this state
Except service by publication as
provided in K.S.A. 60-307, and
amendments thereto, are described in
this section. Methods of
out-of-state service of process are
described in K.S.A. 60-308, and
amendments thereto.
Service by
certified mail.
Except if the attorney for the
party or the party, if the party is
not represented by an attorney,
requests personal or residence
service pursuant to subsection (c);
if the attorney or the party
requesting service elects to serve
process by certified mail pursuant
to this subsection; as provided in
K.S.A. 60-903, 60-2401 or 60-3104,
and amendments thereto; or as
otherwise provided by law, the
sheriff of the county wherein the
action is filed shall serve any
process by certified mail, evidenced
by return receipt signed by any
person or by restricted delivery,
unless otherwise permitted by this
article. The sheriff, attorney for
the party seeking service or the
party, if the party is not
represented by an attorney, shall
cause a copy of the process and
petition or other document to be
placed in an envelope addressed to
the person to be served in
accordance with K.S.A. 60-304, and
amendments thereto, adequate postage
to be affixed and the sealed
envelope to be placed in the United
States mail as certified mail return
receipt requested with instructions
to the delivering postal employee to
show to whom delivered, date of
delivery, and address where
delivered. The sheriff, party's
attorney or the party, if the party
is not represented by an attorney,
shall execute a return on service
stating the nature of the process,
the date on which the process was
mailed, and the name and address on
the envelope containing the process
mailed as certified mail return
receipt requested. The sheriff,
party or the party's attorney shall
file the return on service and the
return receipt or return envelope in
the records of the action. Service
of process shall be considered
obtained under K.S.A. 60-203, and
amendments thereto, upon the
delivery of the certified mail
envelope. If the certified mail
envelope is returned with an
endorsement showing refusal of
delivery, the sheriff, serving party
or the party's attorney shall send a
copy of the process and petition or
other document to be served to the
defendant by ordinary, first-class
mail. The mailing shall be evidenced
by a certificate of mailing which
shall be filed with the clerk.
Service shall be considered obtained
upon the mailing by ordinary,
first-class mail. Failure to claim
certified mail service is not
refusal of service within the
meaning of this subsection.
Personal and
residence service.
- When the plaintiff files a
written request with the clerk
for service other than by
certified mail, service of
process shall be made by
personal or residence service.
Personal service shall be made
by delivering or offering to
deliver a copy of the process
and accompanying documents to
the person to be served.
Residence service shall be made
by leaving a copy of the process
and petition, or other document
to be served, at the dwelling
house or usual place of abode of
the person to be served with
some person of suitable age and
discretion residing therein. If
service cannot be made upon an
individual, other than a minor
or a disabled person, by
personal or residence service,
service may be made by leaving a
copy of the process and
petition, or other document to
be served, at the defendant's
dwelling house or usual place of
abode and mailing a notice that
such copy has been left at such
house or place of abode to the
individual by first-class mail.
- When process is to be served
under this subsection, the clerk
of the court shall deliver the
process and sufficient copies of
the process and petition, or
other document to be served, to
the sheriff of the county where
the process is to be served or,
if
requested, to a person appointed
to serve process or to the
plaintiff's attorney.
- Service, levy and execution
of all process under this
subsection, including, but not
limited to, writs of execution,
orders of attachment, replevin
orders, orders for delivery,
writs of restitution and writs
of assistance, shall be made by
a sheriff within the sheriff's
county, by the sheriff's deputy,
by an attorney admitted to the
practice of law before the
supreme court of Kansas or by
some person appointed as a
process serverF by a judge or
clerk of the district court,
except that a subpoena may also
be served by any other person
who is not a party and is not
less than 18 years of age.
Process servers shall be
appointed freely and may be
authorized either to serve
process in a single case or in
cases generally during a fixed
period of time. A process server
or an authorized attorney may
make the service anywhere in or
out of the state and shall be
allowed the fees prescribed in
K.S.A. 28-110, and amendments
thereto, for the sheriff and
such other fees and costs as the
court shall allow. All persons
authorized under this subsection
to serve, levy and execute
process shall be considered an
"officer" as used in K.S.A.
60-706 and 60-2401 and
amendments thereto.
- In all cases when the person
to be served, or an agent
authorized by the person to
accept service of process,
refuses to receive copies
thereof, the offer ofthe
duly authorized process server
to deliver copies thereof, and
the refusal, shall be a
sufficient service of the
process.
Acknowledgment or
appearance.
An acknowledgment of service on
the summons is equivalent to
service. The voluntary appearance by
a defendant is equivalent to service
as of the date of appearance.
History: L. 1963, ch. 303, 60-303;
L. 1976, ch. 251, § 14; L. 1982, ch.
244, § 1; L. 1986, ch. 215, § 14; L.
1990, ch. 202, § 4; L. 1992, ch.
290, § 1; L. 1994, ch. 273, § 12;
July 1.
60-304.
Service of process, on whom made.
As used in this section,
"serving" means making service by
any of the methods described in
K.S.A. 60-303, and amendments
thereto, unless a specific method of
making
service
is prescribed in this section.
Except for service by publication
under K.S.A. 60-307, and amendments
thereto, service of process under
this article shall be made as
follows:
Individual.
Upon an individual other than a
minor or a disabled person, by
serving the individual or by serving
an agent authorized by appointment
or by law to receive service of
process, but if the agent is one
designated by statute to receive
service, such further notice as the
statute requires shall be given.
Service by certified mail shall be
addressed to an individual at the
individual's dwelling house or usual
place of abode and to an authorized
agent at the agent's usual or
designated address. If service by
certified mail to the individual's
dwelling house or usual place of
abode is refused or unclaimed, the
sheriff, party or party's attorney
seeking service may complete service
by certified mail, restricted
delivery, by serving the individual
at a business address after filing a
return on service stating the
certified mailing
to
the individual at such individual's
dwelling house or usual place of
abode has been refused or unclaimed
and a business address is known for
such individual.
Minor.
Upon a minor, by serving the
minor and also either the minor's
guardian or conservator if the minor
has one within the state or the
minor's father or mother or other
person having the minor's care or
control or with whom such minor
resides, or if service cannot be
made upon any of them, then as
provided by order of the judge.
Service by certified mail shall be
addressed to an individual at the
individual's dwelling house or usual
place of abode and to a corporate
guardian or conservator at such
guardian or conservator's usual
place of business.
Disabled person.
Upon a disabled person, as
defined in K.S.A. 59-3002, and
amendments thereto, by serving
- such person's guardian,
conservator or a competent adult
member of such person's family
with whom the person resides, or
if such person is living in an
institution, then the director
or chief executive officer of
the institution or, if service
cannot be made upon any of them,
then as provided by order of the
judge, and (2) unless the judge
otherwise orders, the disabled
person. Service by certified
mail shall be addressed to a
director or chief executive
officer of an institution at the
institution, to
any other individual at the
individual's dwelling house or
usual place of abode, and to a
corporate guardian or
conservator at such guardian or
conservator's usual place of
business.
Governmental
bodies.
- Upon a county, by serving
one of the county commissioners
or the county clerk or the
county treasurer;
- upon a township, by serving
the clerk or the trustee;
- upon a city, by serving the
clerk or the mayor;
- upon any other public
corporation, body politic,
district or authority by serving
the clerk or secretary or, if
not to be found, to any officer,
director or manager thereof; and
- upon the state or any
governmental agency of the
state, when subject to suit, by
serving the attorney general or
an assistant attorney general.
Service by certified mail shall
be addressed to the appropriate
official at the official's
governmental office. Income
withholding orders for support
and orders of garnishment of
earnings
of state officers and employees
shall be served upon the state
or governmental agency of the
state in the manner provided by
K.S.A. 60-723 and amendments
thereto.
Corporations and
partnerships.
Upon a domestic or foreign
corporation or upon a partnership or
other unincorporated association,
when by law it may be sued as such,
(1) by serving an officer, partner
or a resident, managing or general
agent, or (2) by leaving a copy of
the summons and petition at any
business office of the defendant
with the person having charge
thereof, or (3) by serving any agent
authorized by appointment or
required by law to receive service
of process, and if the agent is one
authorized by law to receive service
and the law so requires,
by
also mailing a copy to the
defendant. Service by certified mail
on an officer, partner or agent
shall be addressed to such person at
the person's usual place of
business.
Foreign
corporation or foreign limited
partnership resident agent.
Service of process or service of
any notice or demand required or
permitted by law to be served on a
foreign corporation or foreign
limited partnership may also be made
on the corporation or limited
partnership by service thereof on
the resident agent of the
corporation or limited partnership.
Whenever any foreign corporation or
foreign limited partnership
authorized to transact business or
transacting business without
authority in this state fails to
appoint or maintain in this state a
resident agent upon whom service of
legal process or service of any such
notice or demand may be had,
whenever the resident agent of such
corporation or limited partnership
cannot with reasonable diligence be
found at the registered office in
this state or whenever the
certificate of authority of any
foreign corporation or foreign
limited partnership is forfeited,
the secretary of state shall be
irrevocably authorized as the agent
and representative of the foreign
corporation or foreign limited
partnership to accept service of any
process or service of any notice or
demand required or permitted by law
to be served upon the corporation or
limited partnership. Service on the
secretary of state of any process,
notice or demand against the foreign
corporation or foreign limited
partnership shall be made by
delivering to and leaving with the
secretary of state, or with any
clerk having charge of the
corporation department of the
secretary of state's office, the
original and two copies of the
process and two copies of the
petition, notice or demand, or the
clerk of the court may send the
original process and two copies of
both the process and the petition,
notice or demand directly to the
secretary of state by restricted
mail. In the event that any process,
notice or demand is served on the
secretary of state, the secretary
shall immediately cause a copy
thereof to be forwarded by
restricted mail, addressed to the
corporation or limited partnership
at its principal office as it
appears in the records of the
secretary of state, or to the
registered or principal office of
the corporation or limited
partnership in the state of its
incorporation or formation. The
secretary of state shall keep a
record of all processes, notices and
demands served upon the secretary
under this subsection, and shall
record in the record the time of the
service and the action of the
secretary with reference to it. A
fee of $30 shall be paid to the
secretary of state by the party
requesting the service of process,
to
cover the cost thereof. That fee
shall not be included within or paid
from any deposit as security for any
costs or docket fee required by
K.S.A. 60-2001 or 61-2501, and
amendments thereto.
Insurance
companies or associations.
Service of summons or other
process may also be made on any
insurance company or association,
organized under the laws of the
state of Kansas by service on the
commissioner of insurance in the
same manner as that provided for
service on foreign insurance
companies. All the requirements of
law relating to service on foreign
insurance companies so far as
applicable shall also apply to
domestic insurance companies.
Service upon an
employee.
If the plaintiff or the
plaintiff's agent or attorney files
an affidavit that to the best of the
affiant's knowledge and belief the
defendant is a nonresident who is
employed in this state, or that the
place of residence of the defendant
is unknown, the affiant may direct
that the service of summons or other
process be made by the sheriff or
other duly authorized person by
directing an officer, partner,
managing or general agent, or the
person having charge of the office
or place of employment at which the
defendant is employed, to make the
defendant available for the purpose
of permitting the sheriff or other
duly authorized person to serve the
summons or other process.
History: L. 1963,
ch. 303, 60-304; L. 1965, ch. 354, §
5; L. 1970, ch. 235, § 1;
L.
1973, ch. 234, § 1; L. 1976, ch.
251, § 15; L. 1981, ch. 232, § 2; L.
1982, ch. 363, § 9; L. 1983, ch. 88,
§ 74; L. 1986, ch. 215, § 15; L.
1990, ch. 202, § 5; L. 1994, ch.
273, § 1; July 1.
60-305. Process
agents for public utilities, except
motor common and contract carriers.
Every individual, partnership,
association or corporation engaged
in the business of transmission of
communications, or the distribution
of electricity, gas, water or
petroleum products, which is subject
to regulation by the state
corporation commission, doing
business in this state, shall
designate, in accordance with K.S.A.
60-306, and amendments thereto, a
resident of the state of Kansas upon
whom process may be served. Any
company or corporation may revoke
the appointment and designation of
such person upon whom process may be
served, by appointing any other
person qualified as above specified
and filing an instrument of
appointment as provided in K.S.A.
60-306, and amendments thereto.
Every second or subsequent
appointment shall also designate the
person whose place is filled by such
appointment. If any such company or
corporation fails to designate and
appoint such person, as required by
this section, such process may be
served as provided by the other
provisions of this article 3 of
chapter 60 of the Kansas Statutes
Annotated, and
amendments
thereto.
History: L. 1963,
ch. 303, 60-305; L. 1973, ch. 134, §
49; L. 1982, ch. 245, § 1; L. 1990,
ch. 202, § 6; L. 1992, ch. 67, § 1;
July 1.
60-305a. Process
agents for motor common carriers and
motor contract carriers.
Every individual, partnership,
association or corporation engaged
in the business of transportation as
a common carrier or contract
carrier, which is subject to
regulation by the state corporation
commission, doing business in this
state shall designate some person
residing in this state on whom all
process and notices issued by any
court of record may be served. In
every case such individual,
partnership, company or corporation
shall file a certificate of the
appointment and designation of such
person in the office of the state
corporation commission or as
required pursuant to 49 U.S.C. §
11506. The service of the process
upon the person so designated, in
any civil action, shall be deemed
and held to be as effectual and
complete as if service of such
process were made upon the president
or other chief officer of such
individual, partnership, company or
corporation. Any individual,
partnership, company or corporation
may revoke the appointment and
designation of such person upon whom
process may be served, by appointing
any other person qualified as above
specified and filing a certificate
of such appointment. Every second or
subsequent appointment shall also
designate the person whose place is
filled by such appointment. If any
such individual, partnership,
company or corporation fails to
designate and
appoint
such person, as required by this
section, such process may be served
in any county as provided by
provisions of article 3 of chapter
60 of Kansas Statutes Annotated, and
amendments thereto.
History: L. 1982, ch. 245, § 2; L.
1990, ch. 202, § 7; L. 1993, ch.
263, § 2; July 1.
60-306. Process
service agent.
Generally.
Any individual, partnership,
association or corporation may file
in the office of the secretary of
state an instrument appointing a
resident of the state of Kansas as
agent upon whom process for such
person, fiduciary, company or
corporation may be served, and
consenting without limitation or
exception other than as provided in
this act that service of process may
be issued out of any court upon such
service agent as the agent of such
individual, partnership, association
or corporation. The instrument
appointing such service agent shall
be acknowledged, shall state the
residence or office address of the
service agent, and shall be recorded
at length upon the register of
service agents and shall state that
such designation is made pursuant to
this section.
Change of
address.
An appointment shall be amended,
in
writing, and filed with the
secretary of state whenever the name
or address of the service agent is
no longer accurate.
Period of
appointment.
The appointment shall remain in
effect for a period of three years
from the date of its filing unless
revoked in writing, executed in the
same manner as such appointment,
which revocation shall be recorded
and indexed in the register of
service agents.
Collection of
fee.
The fee for filing an
appointment, amendment or revocation
shall be $20. The secretary of state
shall remit to the state treasurer
at least monthly all fees received
pursuant to this section. The state
treasurer shall deposit the entire
amount in the state treasury and
credit the amount to the information
and copy service fee fund created in
K.S.A. 75-438, and amendments
thereto.
Effect of service
upon agent.
When any person, fiduciary or
corporation shall have appointed
such a service agent and such
appointment remains unexpired and
unrevoked, process issued in any
action or proceeding against such
person, fiduciary or corporation in
any court may be served upon such
service agent. Service by
publication shall be of no force or
effect where an appointment of
service agent made and filed as
herein provided remains in effect,
unless process showing upon its face
the name and address of such service
agent shall have been duly issued to
the proper officer of the county of
such service agent's residence as
shown on the register of service
agents and returned by such officer
to whom it has been directed, with a
notation, that such officer cannot
find such service agent in the
county. Such notation shall
also
state the name of the service agent
who could not be found.
History: L. 1963, ch. 303, 60-306;
L. 1976, ch. 196, § 3; L. 1992, ch.
67, § 2; July 1.
60-307. Service
by publication.
When permissible.
Service may be made by
publication in any of the following
cases:
- In actions to obtain a
divorce, maintenance or an
annulment of the contract of
marriage if the defendant
resides out of the state or if
the party with due diligence is
unable to make service of
summons upon the defendant
within the state.
- In actions brought against a
person who is a nonresident of
the state or a foreign
corporation having in this state
property or debts owing to the
person sought to be taken by any
of provisional remedies or to be
appropriated in any way.
- In actions which relate to
or the subject of which is real
or personal property in this
state, if any defendant has or
claims a lien or interest,
vested or contingent, in the
property, or the relief demanded
consists wholly or partly in
excluding the defendant from any
interest in the property, or in
actions for partition or for
foreclosure of a lien, if the
defendant is a nonresident of
the state or a foreign
corporation or if the party with
due diligence is unable to make
service of summons upon the
defendant
within the state.
- In all actions in which the
defendant, being a resident of
this state, has departed from
this state or from the county of
the defendant's residence, with
the intent to delay or defraud
creditors or to avoid the
service of a summons, or hides
in the state or county with that
intent, or in an action against
a domestic corporation which has
not been legally dissolved, if
the officers thereof have
departed from the state or
cannot be found.
- In any of the actions
mentioned in this subsection,
publication service may be had
on any of the following who are
made defendants as such: The
unknown heirs, executors,
administrators, devisees,
trustees, creditors and assigns
of any deceased defendants; the
unknown spouses of any
defendants; the unknown
officers, successors, trustees,
creditors and assigns of any
defendants that are existing,
dissolved or dormant
corporations; the unknown
executors, administrators,
devisees, trustees, creditors,
successors and assigns of any
defendants that are or were
partners or in partnership; the
unknown guardians, conservators
and trustees of any defendants
that are minors or are under any
legal disability; and the
unknown heirs, executors,
administrators, devisees,
trustees, creditors and assigns
of any person alleged to be
deceased.
Construction and
effect.
The process provisions of this
section shall be construed as
separate and permissive methods of
obtaining service. If the defendant
served in accordance with
this
section does not appear, judgment
may be rendered affecting the
property, res or status within the
jurisdiction of the court as to the
defendant, but the service shall not
warrant a personal judgment against
the defendant.
Affidavit for
service by publication.
Before service by publication as
provided in this section can be
made, one of the parties or the
party's attorney shall file an
affidavit stating any of the
following facts that are applicable:
- The residences of all named
defendants sought to be served,
if known, and the names of all
defendants whose residences are
unknown after reasonable effort
to ascertain the same.
- The affiant has made a
reasonable but unsuccessful
effort to ascertain the names
and residences of any defendants
sought to be served as unknown
parties in accordance with
subsection (a)(5).
- The party seeking service by
publication is unable to procure
service of
summons
on the defendants in this state.
- The case is one of those
mentioned in clauses (1) through
(4) of subsection (a). The
affidavit shall be in
substantially the following
form:
(Name of Court)
______________, Plaintiff, vs.
______________, (Name of first
defendant), et al. Defendants.
(affidavit)
State of Kansas, ______ County,
ss:
______, of lawful age, being
first duly sworn, states that
1. The affiant is (the
plaintiff or defendant, or an
attorney for the plaintiff or
defendant) in the above action
and makes this affidavit for the
purpose of obtaining service by
publication upon the parties
named herein.
2. The defendants on whom
service by publication is sought
and whose names and addresses
are known are as follows: (Names
and addresses).
3. The defendants on whom
service by publication is sought
whose names are known but whose
residences are unknown
notwithstanding reasonable
effort of the affiant to
ascertain the same are as
follows: (Names).
4. The affiant does not know and
with reasonable diligence is
unable to ascertain the names or
residences of any of those
classes of unknown persons who
are or may be concerned in the
subject of this litigation, as
mentioned in subsection (a)(5)
of K.S.A. 60-307, and amendments
thereto, but that the affiant
desires to include all such in
the affiant's constructive
service.
5. The affiant is unable to
procure service of summons on
any of the
specified
defendants within this state.
6. This action is one of those
mentioned in K.S.A. subsections
(a)(1) through (4) of 60-307,
and amendments thereto.
____________
(Jurat)(Signature)
When the affidavit is filed,
service may proceed by
publication.
Publication; form
of notice; description of property,
when.
The notice shall be published
once a week for three consecutive
weeks in some newspaper published in
the county where the petition is
filed and which newspaper is
authorized by law to publish legal
notices. If there is no newspaper
published in the county, the notice
may be published in a newspaper
having general circulation in the
county. The notice must name the
defendants to be served and notify
them and all other persons who are
or may be concerned that the
defendants have been sued in a named
court and must answer or plead
otherwise to the petition, or other
pleading, filed in the court, on or
before a date to be stated, which
date shall be not less than 41 days
from the date the notice is first
published, or the petition or other
pleading filed will be taken as
true, and judgment, the nature of
which shall be stated, will be
rendered accordingly. The notice
shall be in substantially the
following form:
Notice of Suit
The state of Kansas to (names of
defendants to whom notice is given)
and all other persons who are or may
be concerned:
You are hereby notified that a
(petition or other pleading) has
been filed in (name of court) by
(name of pleader) praying for (state
briefly the nature of the pleading
and the judgment or other relief
sought), and you are hereby required
to plead to the (petition or other
pleading) on or before
______________, 20__, in the court
at __________, Kansas. If you fail
to plead, judgment and decree will
be entered in due course upon the
(petition or
other
pleading).
_____________________________________
(Name of plaintiff or other party.)
Where the action affects property,
the notice need not expressly
describe the property, unless the
description is otherwise required by
law, but the property may be
identified by reference to the
pleading.
Mailing copy of
notice.
The party seeking to secure
service by publication shall, within
seven days after the first
publication, mail a copy of the
publication notice to each defendant
whose address is stated in the
affidavit for service by
publication.
When service
complete.
Service by publication shall be
deemed complete when it has been
made in the manner and for the time
prescribed in subsections (d) and
(e), and the service shall be
proved. No judgment by default shall
be entered on the service until
proof of service is
made,
approved by the court and filed.
History: L. 1963, ch. 303, 60-307;
L. 1965, ch. 355, § 1; L. 1970, ch.
232, § 2; L. 1982, ch. 152, § 22; L.
1990, ch. 202, § 8; L. 1994, ch. 68,
§ 3; July 1.
60-308. Service
outside state.
Proof and effect.
- Service of process may be
made upon any party outside the
state. If upon a person
domiciled in this state or upon
a person who has submitted to
the jurisdiction of the courts
of this state, it shall have the
force and effect of service of
process within this state;
otherwise it shall have the
force and effect of service by
publication.
- The service of process shall
be made (A) in the same manner
as service within this state, by
any officer authorized to make
service of process in this state
or in the state where the
defendant is served or (B) by
sending a copy of the process
and of the petition or other
document to the person to be
served in the manner provided in
subsection (e). No order of a
court is required. An affidavit,
or any other competent proofs,
of the server shall be filed
stating the time, manner and
place of service. The court may
consider the affidavit, or any
other competent proofs, in
determining whether service has
been properly made.
- No default shall be entered
until the expiration of at least
30 days after service. A default
judgment rendered on service
outside this state may be set
aside
only
on a showing which would be
timely and sufficient to set
aside a default judgment under
subsection (b) of K.S.A. 60-260,
and amendments thereto.
Submitting to
jurisdiction - process.
Any person, whether or not a
citizen or resident of this state,
who in person or through an agent or
instrumentality does any of the acts
hereinafter enumerated, thereby
submits the person and, if an
individual, the individual's
personal representative, to the
jurisdiction of the courts of this
state as to any cause of action
arising from the doing of any of
these acts:
- Transaction of any business
within this state;
- commission of a tortious act
within this state;
- ownership, use or possession
of any real estate situated in
this state;
- contracting to insure any
person, property or risk located
within this state at the time of
contracting;
- entering into an express or
implied contract, by mail or
otherwise, with a resident of
this state to be performed in
whole or in part by either party
in this state;
- acting within this state as
director, manager, trustee or
other officer of any
corporation
organized under the laws of or
having a place of business
within this state or acting as
executor or administrator of any
estate within this state;
- causing to persons or
property within this state any
injury arising out of an act or
omission outside of this state
by the defendant if, at the time
of the injury either (A) the
defendant was engaged in
solicitation or service
activities within this state; or
(B) products, materials or
things processed, serviced or
manufactured by the defendant
anywhere were used or consumed
within this state in the
ordinary course of trade or use;
- living in the marital
relationship within the state
notwithstanding subsequent
departure from the state, as to
all obligations arising for
maintenance, child support or
property settlement under
article 16 of this chapter, if
the other party to the marital
relationship continues to reside
in the state;
- serving as the insurer of
any person at the time of any
act by the person which is the
subject of an action in a court
of competent jurisdiction within
the state of Kansas which
results in judgment being taken
against the person;
- performing an act of sexual
intercourse within the state, as
to an action against a person
seeking to adjudge the person to
be a parent of a child and as to
an action to require the person
to provide support for a child
as provided by law, if (A) the
conception of the child results
from the act and (B) the other
party to the act or the child
continues to reside in the
state; or
- entering into an express or
implied arrangement, whether by
contract, tariff or otherwise,
with a corporation or
partnership, either general or
limited, residing or doing
business in this state under
which such corporation or
partnership has supplied
transportation services, or
communication services or
equipment, including, without
limitation, telephonic
communication services, for a
business or commercial user
where the services supplied to
such user are managed, operated
or
monitored
within the state of Kansas,
provided that such person is put
on reasonable notice that
arranging or continuing such
transportation services or
telecommunication services may
result in the extension of
jurisdiction pursuant to this
section.
Service of
process upon any person who is
subject to the jurisdiction of the
courts of this state as provided in subsection (b),
may be made by serving the process
upon the defendant outside this
state, as provided in subsection
(a)(2), with the same force and
effect as though process had been
served within this state, but only
causes of action arising from acts
enumerated in subsection (b) may be
asserted against a defendant in an
action in which jurisdiction over
the defendant is based upon this
subsection.
Nothing contained
in this section limits or affects
the right to serve any process in
any other manner provided by law.
Service by
certified mail.
Service of any out-of-state
process may be by certified mail,
evidenced by return receipt signed
by any person or by restricted
delivery. The attorney for the party
seeking service or the party, if the
party is not represented by an
attorney, shall cause a copy of the
process and petition or other
document to be placed in an envelope
addressed to the person to be served
in accordance with K.S.A. 60-304,
and amendments thereto, adequate
postage to be affixed and the sealed
envelope to be placed in the United
States mail as certified mail return
receipt requested with instructions
to the delivering postal employee to
show to whom delivered, date of
delivery, and address where
delivered. The party's attorney or
the party, if the party is not
represented by an attorney, shall
execute a return on service stating
the nature of the process, the date
on which the process was mailed, and
the name and address on the envelope
containing the process mailed as
certified mail return receipt
requested. The party or the party's
attorney shall file the return on
service and the return receipt or
return envelope in the records of
the action. Service of process shall
be considered obtained under K.S.A.
60-203, and amendments thereto, upon
the delivery of the certified mail
envelope. If the certified mail
envelope is returned with an
endorsement showing refusal of
delivery, the serving party or the
party's attorney may send a copy of
the process and petition or other
document to be served to the
defendant by ordinary, first-class
mail. The mailing
shall
be evidenced by a certificate of
mailing which shall be filed with
the clerk. Service shall be
considered obtained upon the mailing
by ordinary, first-class mail.
Failure to claim certified mail
service is not refusal of service
within the meaning of this
subsection.
History: L. 1963, ch. 303, 60-308;
L. 1971, ch. 195, § 1; L. 1972, ch.
221, § 1; L. 1976, ch. 253, § 1; L.
1982, ch. 152, § 23; L. 1986, ch.
215, § 16; L. 1989, ch. 178, § 1; L.
1990, ch. 202, § 9; Jan. 1, 1991.
60-310. Procedure
where only part of defendants
served.
- Same. Where the action is
against two or more defendants,
and one or more shall have been
served, but not all of them, the
plaintiff may proceed as
follows: First. If the action be
against defendants jointly
indebted upon contract, the
plaintiff may proceed against
the defendants served, unless
the court otherwise direct; and
if he or she recover judgment it
may be entered against all the
defendants thus jointly indebted
so far only as that it may be
enforced against the joint
property of all, and the
separate property of the
defendants served. Second. If
the action be against defendants
severally liable, the plaintiff
may, without prejudice to his or
her rights against those not
served, proceed against the
defendants served in the same
manner as if they were the only
defendants.
- Same. Nothing in this
section shall be so construed as
to make a judgment against one
or more defendants jointly or
severally liable a bar to
another action against those not
served.
History: L. 1963, ch. 303,
60-310; Jan. 1, 1964.
60-311. Where
process may be served.
All process issued for service
from any court within the state may
be served
anywhere
within the territorial limits of the
state and, when authorized by law,
may be served outside this state.
History: L. 1963, ch. 303, 60-311;
L. 1990, ch. 202, § 10; Jan. 1,
1991.
60-312. Proof of
service.
Proof of service shall be made as
follows:
Personal and
residence service.
- Every officer to whom
summons or other process shall
be delivered for service within
or without the state, shall make
a statement subject to penalty
of perjury as provided in K.S.A.
21-3805 and amendments thereto
as to the time, place and manner
of service of such writ.
- If service of such process
is directed to and delivered to
a person,
other
than an officer, for service,
such person shall make affidavit
as to the time, place and manner
of such person's service
thereof.
Service by
certified mail.
Service by certified mail shall
be proven in the manner provided by
subsection (b) of K.S.A. 60-303 or
subsection (e) of K.S.A. 60-308, and
amendments thereto.
Publication
service.
Service by publication shall be
proven by an affidavit showing the
dates upon which and the newspaper
in which the notice of publication
was published. A copy of the notice
shall be attached to the affidavit
which shall be filed in the cause.
When mailing of copies of the
publication notice is required in
accordance with subsection (e) of
K.S.A. 60-307 and amendments
thereto, the proof of such mailing
shall be by affidavit of the person
who
mailed such copies and such
affidavit shall be filed with the
clerk of the court in which the
action has been filed. If such
mailing was by certified mail, the
return receipt shall be made a part
of the affidavit and filed
therewith.
Time for
return.
The officer or other person
receiving a summons or other process
shall make a return of service
promptly and in any event within 10
days after the service is effected.
If the process cannot be served it
shall be returned to the court
within 30 days after the date of
issue with a statement of the reason
for the failure to serve the same,
except the time for service thereof
may be extended up to 90 days from
the date of issue by order of the
court or judge of the court to which
it is returnable. Immediately upon
receipt of the return upon any
summons or other process by the
clerk of the court issuing the same,
such clerk shall mail a copy of such
return to the attorney for the party
requesting the issuance of such
summons or other process or, if such
party has no attorney, then to the
requesting party's self.
History: L. 1963, ch. 303, 60-312;
L. 1969, ch. 283, § 1; L. 1970, ch.
235, § 2; amended by Supreme Court
order dated July 28, 1976; L. 1986,
ch. 215, § 17; L. 1990, ch. 202, §
11; L. 1998, ch. 100, § 1; July 1.
Case Notes:
- Special process server must
be authorized to make service of
summons in state where defendant
served. Hall v. Quivira Square
Dev. Co., 675 P.2d 931 (1984).
- Whether service void because
of out-of-state corporate
process server not officer of
state in which service made is
examined. In re Marriage of
Welliver,
869
P.2d 653 (1994).
- Untimely return of service
does not void an otherwise valid
service; the rights of defendant
were not impaired. Cook v.
Freeman, 825 P.2d 1185 (1992).
60-313. Amendment
of return.
At any time in his or her
discretion and upon such terms as he
or she deems just, the judge may
allow any process, return or proof
of service thereof to be amended,
unless it clearly appears that
material prejudice would result to
the substantial rights of the party
against whom the process issued.
History: L. 1963, ch. 303, 60-313;
Jan. 1, 1964.
60-245.
Subpoenas.
Form; issuance.
- Every subpoena shall:
- State the name of the
court from which it is
issued;
- state the title of the
action, the name of the
court in which it is pending
and the file number of the
action;
- command each person to
whom it is directed to
attend and give testimony or
to produce and permit
inspection and copying of
designated books, documents
or tangible things in the
possession, custody or
control of that person, or
to permit inspection of
premises, at a time and
place specified in the
subpoena; and
- set forth the text of
subsections (c) and (d) of
this section.
A command to produce
evidence or to permit
inspection may be joined
with a command to appear at
trial or hearing or at
deposition, or may be
issued separately. Subpoena
and production of records of
a business which is not a
party shall be in accordance
with K.S.A. 60-245a and
amendments thereto.
- A subpoena commanding
attendance at a trial or hearing
shall issue from the district
court in which the hearing or
trial is to be held. A subpoena
for attendance at a deposition
shall issue from the district
court in which the action is
pending or the officer before
whom the deposition is to be
taken or, if the deposition is
to be taken outside the state,
from an officer authorized by
the law of the other state to
issue the subpoena. If separate
from a subpoena commanding the
attendance of a person, a
subpoena for production or
inspection shall issue from the
district court in which the
action is pending or, if the
production or inspection is to
be made outside the state, an
officer authorized by the law of
the other state to issue the
subpoena.
- Every subpoena issued by the
court shall be issued by the
clerk under the seal of the
court or by a judge. Upon
request of a party, the clerk
shall issue a blank subpoena.
The blank subpoena shall bear
the seal of the court, the title
and file number of the action
and the clerk's signature or a
facsimile of the clerk's
signature. The party to whom a
blank subpoena is issued shall
fill it in before service.
Service.
Service of a subpoena upon a
person named therein may be made
anywhere within the state, shall be
made in accordance with K.S.A.
60-303, and amendments thereto, and
shall, if the person's attendance is
commanded, be accompanied by the
fees for one day's attendance and
the mileage allowed by law. When
sought independently of a
deposition, prior notice of any
commanded production of documents or
inspection of premises before trial
shall
be served on each party in the
manner prescribed by subsection (b)
of K.S.A. 60-205 and amendments
thereto.
Protection of
persons subject to subpoenas.
- A party or an attorney
responsible for the issuance and
service of a subpoena shall take
reasonable steps to avoid
imposing undue burden or expense
on a person subject to that
subpoena. The court on behalf of
which the subpoena was issued
shall enforce this duty and
impose upon the party or
attorney in breach of this duty
an appropriate sanction, which
may include, but is not limited
to, a reasonable attorney fee.
- (A) A person commanded to
produce and permit inspection
and copying of designated books,
papers, documents or tangible
things or inspection of premises
need not appear in person at the
place of production or
inspection unless commanded to
appear for deposition, hearing
or trial.
(B) Subject to subsection
(d)(2), a person commanded to
produce and permit inspection
and copying may, within 14 days
after service of the subpoena or
before the time specified for
compliance if such time is less
than 14 days after service,
serve upon the party or attorney
designated in the subpoena
written objection to inspection
or copying of any or all of the
designated materials or of the
premises. If objection is made,
the party serving the subpoena
shall not be entitled to inspect
and
copy
the materials or inspect the
premises except pursuant to an
order of the court by which the
subpoena was issued. If
objection has been made, the
party serving the subpoena may,
upon notice to the person
commanded to produce, move at
any time for an order to compel
the production. Such an order to
compel production shall protect
any person who is not a party or
an officer of a party from
significant expense resulting
from the inspection and copying
commanded.
- On timely motion, the court
by which a subpoena was issued
shall quash or modify the
subpoena if it:
- fails to allow
reasonable time for
compliance;
- requires a resident of
this state who is not a
party or an officer of a
party to travel to a place
more than 100 miles from the
place where that person
resides, is employed or
regularly transacts business
in person or requires a
nonresident who is not a
party or an officer of a
party to travel to a place
more than 100 miles from the
place where the nonresident
was served with the
subpoena, is employed or
regularly transacts
business, except that,
subject to the provisions of
subsection (c)(3)(B)(iii),
such a nonparty may in order
to attend trial be commanded
to travel to the place of
trial;
- requires disclosure of
privileged or other
protected matter and no
exception or waiver applies;
or
- subjects a person to
undue burden.
- If a subpoena:
- requires disclosure of a
trade secret or other
confidential research,
development or commercial
information; or
- requires disclosure of
an unretained expert's
opinion or information not
describing specific events
or occurrences in dispute
and resulting from the
expert's study made not at
the request of any party; or
- requires a person who is
not a party or an officer of
a party to incur substantial
expense to travel more than
100 miles to attend trial,
the court may, to protect a
person subject to or
affected by the subpoena,
quash or modify the subpoena
or, if the party in whose
behalf the subpoena is
issued shows a substantial
need for the testimony or
material that cannot be
otherwise met without undue
hardship and assures that
the person to whom the
subpoena is addressed will
be reasonably compensated,
the court may order
appearance
or production only upon
specified conditions.
- A person confined in prison
may be required to appear for
examination by deposition only
in the county where the person
is imprisoned.
- Duties in responding to
subpoena.
- A person responding to a
subpoena to produce
documents shall produce them
as they are kept in the
usual course of business or
shall organize and label
them to correspond with the
categories in the demand.
- When information subject
to a subpoena is withheld on
a claim that such
information is privileged or
subject to protection as
trial preparation materials,
the claim shall be made
expressly and shall be
supported by a description
of the nature of the
documents, communications or
things not produced that is
sufficient to enable the
demanding party to contest
the claim.
- Contempt. Failure by any
person without adequate excuse
to obey a subpoena served upon
the person may be considered a
contempt of the court in which
the action is pending or the
court of the county in which the
deposition is to be taken.
Punishment for contempt shall be
in accordance with K.S.A.
20-1204 and amendments thereto.
An adequate cause for failure to
obey exists when a subpoena
purports to require a nonparty
to attend or produce at a place
not within the limits provided
by subsection (c)(3)(A)(iii).
History: L. 1963, ch. 303,
60-245; amended by Supreme Court
order
dated
July 20, 1972; amended by
Supreme Court order dated July
28, 1976; L. 1982, ch. 243, § 1;
L. 1985, ch. 196, § 2; L. 1990,
ch. 202, § 2; L. 1997, ch. 173,
§ 24; July 1.
60-245a. Subpoena
of records of a business not a
party.
- As used in this section:
- "Business" means any
kind of business,
profession, occupa, or
persons acting under their
control, which are memoranda
or records of acts,
conditions or events made in
the regular course of
business at or about the
time of the act, condition
or event recorded.
- A subpoena duces tecum which
commands the production of
business records in an action in
which the business is not a
party shall inform the person to
whom it is directed that the
person may serve upon the
attorney designated in the
subpoena written objection to
production of any or all of the
business records designated in
the subpoena within 14 days
after the service of the
subpoena or at or before the
time for compliance, if the time
is less than 14 days after
service. If such objection is
made, the business records need
not be produced except pursuant
to an order of the court upon
motion with notice to the person
to whom the subpoena was
directed. Unless the personal
attendance of a custodian of the
business records and the
production of original business
records are required under
subsection (d), it is sufficient
compliance with a subpoena of
business records if a custodian
of the business records delivers
to the clerk of the court by
mail or otherwise a true and
correct copy of all the records
described in the subpoena and
mails a copy of the affidavit
accompanying the records to the
party or attorney requesting
them within 14 days after
receipt of the subpoena. The
records described in the
subpoena shall be accompanied by
the affidavit of a custodian of
the records, stating in
substance each of the following:
(1) The affiant is a duly
authorized custodian of the
records and has authority to
certify records; (2) the copy is
a true copy of all the records
described in the subpoena; and
(3) the records were prepared by
the personnel or staff of the
business, or persons acting
under their control, in the
regular course of the business
at or about the time of the act,
condition or event recorded. If
the business has none of the
records described in the
subpoena, or only part thereof,
the affiant shall so state in
the affidavit and shall send
only those records of which the
affiant has custody. When more
than one person has knowledge of
the facts required to be stated
in the affidavit, more than one
affidavit may be made. The copy
of the records shall be
separately enclosed in a sealed
envelope or wrapper on which the
title and number of the action,
name and address of the witness
and the date of the subpoena are
clearly inscribed. If return of
the copy is desired, the words
"return requested" must be
inscribed clearly on the
sealed
envelope or wrapper. The sealed
envelope or wrapper shall be
delivered to the clerk of the
court. The reasonable costs of
copying the records may be
demanded of the party causing
the subpoena to be issued. If
the costs are demanded, the
records need not be produced
until the costs of copying are
advanced.
- The subpoena shall be
accompanied by an affidavit to
be used by the records
custodian. The subpoena and
affidavit shall be in
substantially the following
form:
Subpoena of Business Records
State of Kansas
County of ___________
(1) You are commanded to produce
the records listed below before
____________________ (Officer at
Deposition)(Judge of the
District Court) at
____________________(Address) in
the City of _________, County of
______________, on the _____ day
of _____________, 20__, at ____
o'clock __ m., and to testify on
behalf of the
___________________ in an action
now pending between
________________, plaintiff, and
______________, defendant.
Failure to comply with this
subpoena may be deemed a
contempt of the court.
(2) Records to be produced:
____________________
____________________
____________________
(3) You may make written
objection to the production of
any or all of the records listed
above by serving such written
objection upon
___________________(Attorney) at
__________________________(Attorney's
Address) (within 14 days after
service of this subpoena) (on or
before ___________, 20__). If
such objection is made, the
records need not be produced
except upon order of the court.
(4) Instead of appearing at the
time and place listed above, it
is sufficient compliance with
this subpoena if a custodian of
the business records delivers to
the clerk of the court by mail
or otherwise a true and correct
copy of all the records
described above and mails a copy
of the affidavit below to
_______________________(Requesting
Party or Attorney)
at___________________________(Address
of Party or Attorney) within 14
days after receipt of this
subpoena.
(5) The copy of the records
shall be separately enclosed in
a sealed envelope or wrapper on
which the title and number of
the action, name and address of
the witness and the date of this
subpoena are clearly inscribed.
If return of the copy is
desired, the words "return
requested" must be inscribed
clearly on the sealed envelope
or wrapper. The sealed envelope
or wrapper shall be delivered to
the clerk of the court.
(6) The records described in
this subpoena shall be
accompanied by the affidavit of
a custodian of the records, a
form for which is attached to
this subpoena.
(7) If the business has none of
the records described in this
subpoena, or only part thereof,
the affidavit shall so state,
and the custodian shall send
only those records of which the
custodian has custody. When more
than one person has knowledge of
the facts required to be stated
in the affidavit, more than one
affidavit may be made.
(8) The reasonable costs of
copying the records may be
demanded of the party causing
this subpoena to be issued. If
the costs are demanded, the
records need not be produced
until the costs of copying are
advanced.
(9) The copy of the records will
not be returned unless requested
by the
witness.
___________________________
Clerk of the District Court
[Seal of the District Court]
Dated __________, 20__.
- Affidavit of Custodian of
Business Records
State of ___________________
County of __________________
I, _____________, being first
duly sworn, on oath, depose and
say original records.
- Notice of the issuance of a
subpoena pursuant to this
section where the attendance of
the custodian of the business
records is not required shall be
given to all parties to the
action at least 10 days prior to
the issuance thereof. A copy of
the proposed subpoena shall also
be served upon all parties along
with such notice. In the event
any party objects to the
production of the documents
sought by such subpoena prior to
its issuance, the subpoena shall
not be issued until further
order of the court in which the
action is pending.
- Upon receipt of business
records the clerk of the court
shall so notify the party who
caused the subpoena for the
business records to be issued.
If receipt of the records makes
the taking of a deposition
unnecessary, the party shall
cancel the deposition and shall
notify the other parties to the
action in writing of the receipt
of the records and the
cancellation of the deposition.
After the copy of the record is
filed, a party desiring to
inspect or copy it shall give
reasonable notice to every other
party to the action. The notice
shall state the time and place
of inspection. Records which
are
not introduced in evidence or
required as part of the record
shall be destroyed or returned
to the custodian of the records
who submitted them if return has
been requested.
History: L. 1985, ch. 196, § 1;
L. 1997, ch. 173, § 25; July 1.
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