8-402. Procedure in procuring service pursuant to 8-401.
8-402
8-402. Procedure in procuring service pursuant to 8-401.
The manner of procuring and
serving process in any cause, brought
pursuant to the preceding section, shall be as follows, to wit: The
plaintiff shall file a verified petition in the district court in the county
where the cause of action arose or the plaintiff
resides, showing a cause of action against the defendant of the class
contemplated in K.S.A. 8-401, and shall further show in said petition, or
by affidavit, to the satisfaction of the judge of said court, that the
defendant is one of the persons contemplated in said K.S.A. 8-401, and the
residence of said defendant, and a description of the car or motor vehicle
claimed to have been operated by the said defendant or an agent of the
defendant, as near as the same can reasonably be ascertained by the
plaintiff; and the time, place and nature of such accident, or injury. Upon
such showing being made, the judge shall make an order, directing that
service of process be made on the defendant as provided in said K.S.A.
8-401; and also, that a copy of the process, and petition, and of said
order, and a notice that the same have been served upon the secretary of
state, pursuant to this act, be delivered to the defendant by registered
mail or personally without the state by a sheriff or deputy sheriff in such
state. Proof of such service shall be made by affidavit filed in said cause
by the person making said service, and service shall be deemed complete
thirty (30) days from the date the affidavit is filed by the person making
the service stating that such personal service has been made on the
defendant and giving the date thereof. The court in which the action is
pending shall, upon affidavit submitted upon behalf of the defendant, grant
such additional time to answer, or continuances, as shall be reasonably
necessary to allow defendant full opportunity to plead and prepare for the
trial of the said cause.
History: L. 1935, ch. 72, § 2; L. 1951, ch. 109, § 1; L. 1961,
ch. 54, § 2; L. 1963, ch. 55, § 1; L. 1965, ch. 64, § 1; L. 1976,
ch. 145, § 30; Jan. 10, 1977.