60-304.Service of process, on whom made.As used in this section, "serving" means making service by any of themethods described in K.S.A. 60-303, and amendments thereto, unless aspecific method of making service is prescribed in this section. Except forservice by publication under K.S.A. 60-307, and amendments thereto, serviceof process under this articleshall be made as follows:
(a) Individual. Upon an individual other than a minor or adisabledperson, by serving the individual or by serving an agentauthorized by appointment or by law to receive service of process, butif the agent is one designated by statute to receive service, suchfurther notice as the statute requires shall be given.Service by return receipt delivery shall beaddressed to an individual at theindividual's dwelling house or usual place of abode and to an authorizedagent at the agent's usual or designated address.Ifservice by return receipt delivery to theindividual's dwelling house or usual placeof abode is refused or unclaimed, the sheriff, party or party's attorneyseekingservice may complete service by certified mail, restricted delivery, byserving the individual at a business address after filing a return on servicestating the return receipt delivery to theindividual at such individual'sdwelling house or usual place of abode has been refused or unclaimed and abusiness address is known for such individual.
(b) Minor. Upon a minor, by serving the minor andalso either theminor's guardian or conservator if the minor has one within thestate or the minor's father or mother or other person having theminor's care or control or with whom such minor resides, or if servicecannot be made upon any of them, then as provided by order of the judge.Service by return receipt delivery shall beaddressed to an individual at theindividual's dwelling house or usual place of abode and to a corporateguardian or conservator at such guardian or conservator's usual place ofbusiness.
(c) Disabled person. Upon adisabled person, as defined in K.S.A. 77-201, andamendments thereto, byserving (1)such person's guardian, conservator or a competent adult member of suchperson's family with whom the person resides, or if such person isliving in an institution, then the director or chief executiveofficer of the institution or, if service cannot be made upon any ofthem, then as provided by order of the judge, and (2) unless the judgeotherwise orders, the disabled person.Service by return receipt delivery shall beaddressed to a director or chiefexecutive officer of an institution at the institution, to any otherindividual at the individual's dwelling house or usual place of abode, andto a corporate guardian or conservator at such guardian or conservator'susual place of business.
(d) Governmental bodies. (1) Upon a county, by serving one of thecounty commissioners orthe county clerk or the county treasurer; (2) upon a township, by serving theclerk or the trustee; (3)upon a city, byserving the clerk or the mayor; (4) upon any other public corporation, bodypolitic,district or authority by serving the clerk or secretary or, if not to be found,to anyofficer, director or manager thereof; and (5) upon the state or anygovernmental agency of the state, when subject to suit, by serving the attorneygeneral or an assistantattorney general.Service by return receipt delivery shall beaddressed to the appropriate officialat the official's governmental office.Income withholding orders for support and orders of garnishment of earningsof state officers andemployees shall be served upon the state or governmental agency of the statein the manner provided by K.S.A. 60-723and amendments thereto.
(e) Corporations,domestic or foreign limited liability company, domestic or foreign limitedpartnership, domestic or foreign limited liability partnership,and partnerships. Upon a domestic or foreigncorporation, domestic or foreign limited liabilitycompany, domestic or foreign limited partnership, domestic or foreign limitedliability partnershipor upon a partnership or other unincorporated association,when by law it may be sued as such, (1) by serving an officer, manager,partner or aresident, managing orgeneral agent, or (2) by leaving a copy of the summonsand petition at any business office of thedefendant with the person having charge thereof, or (3) by serving any agentauthorized by appointment or required by law toreceive service of process, and if the agent is one authorized by law toreceive service and the law so requires, by also mailing a copy to thedefendant.Service by return receipt delivery on an officer,partner or agent shall beaddressed to such person at the person's usual place of business.
(f) Corporation, limited liability company, limited partnershipor limited liability partnershipresident agent.Whenever any domestic corporation, domestic limitedliabilitycompany, domestic limited partnership, or anyforeign corporation, foreign limited liability company, or foreignlimited partnership authorized to transactbusiness or transactingbusiness without authority in this state, fails to appoint ormaintain in this state a resident agent upon whom service of legalprocess or service of any such notice or demand may be had, whenever theresident agent of such corporation, limited liability company or limitedpartnershipcannot with reasonablediligence be found at the registered office in this state, the secretary ofstate shall beirrevocably authorized as the agent and representative of thecorporation, limited liability company or limitedpartnership to accept service of any processor service of any noticeor demand required or permitted by law to be served upon thecorporation, limited liability company or limited partnership. Serviceon the secretary of state of any process,notice or demand against the corporation, limited liabilitycompany or limited partnershipshall be made bydelivering to the secretary of state by personalservice or by return receipt delivery,the original and two copies of theprocess and two copies of the petition,notice or demand, or the clerk of the court may send the original processand two copies of both the process and the petition, notice or demand directlyto the secretary of state by return receiptdelivery. In theevent that any process, notice or demand is served on the secretary ofstate, the secretary shall immediately cause a copy of suchprocess, notice or demand to beforwarded by return receipt delivery, addressed tothecorporation, limited liability company or limited partnership at itsprincipal office as it appears in the records of the secretary ofstate, or to the registered or principal office of the corporation, limitedliability company or limitedpartnership inthe state of its incorporation or formation. The secretary of state shall keeparecord of all processes, notices and demands served upon the secretaryunder this subsection, and shall record in the record the time of the serviceandthe action of the secretary with reference to it. A fee of$40shall be paid to the secretary of state by the partyrequesting the service of process, to cover the cost of suchservice of process, except the secretary of state may waive the fee for stateagencies. That feeshall not be included within or paid from any deposit as security forany costs or docket fee required by K.S.A. 60-2001or61-4001, and amendments thereto.
(g) Insurance companies or associations. Service of summons orother process may also be made on any insurance company or association,organized under the laws of the state of Kansas by service on thecommissioner of insurance in the same manner as that provided forservice on foreign insurance companies. All the requirements of lawrelating to service on foreign insurance companies so far as applicableshall also apply to domestic insurance companies.
(h) Service upon an employee. If the plaintiff or theplaintiff's agent or attorney filesan affidavit that to the best of the affiant's knowledge and beliefthe defendant is a nonresident who is employed in this state, or thatthe place of residence of the defendant is unknown, the affiant maydirect that the service of summons or other process be made by thesheriff or other duly authorized person by directing an officer,partner, managing or general agent, or the person having charge of theoffice or place of employment at which the defendant is employed, tomake the defendant available for the purpose of permitting the sheriffor other duly authorized person to serve the summons or otherprocess.
60-304.Service of process, on whom made.As used in this section, "serving" means making service by any of themethods described in K.S.A. 60-303, and amendments thereto, unless aspecific method of making service is prescribed in this section. Except forservice by publication under K.S.A. 60-307, and amendments thereto, serviceof process under this articleshall be made as follows:
(a) Individual. Upon an individual other than a minor or adisabledperson, by serving the individual or by serving an agentauthorized by appointment or by law to receive service of process, butif the agent is one designated by statute to receive service, suchfurther notice as the statute requires shall be given.Service by return receipt delivery shall beaddressed to an individual at theindividual's dwelling house or usual place of abode and to an authorizedagent at the agent's usual or designated address.Ifservice by return receipt delivery to theindividual's dwelling house or usual placeof abode is refused or unclaimed, the sheriff, party or party's attorneyseekingservice may complete service by certified mail, restricted delivery, byserving the individual at a business address after filing a return on servicestating the return receipt delivery to theindividual at such individual'sdwelling house or usual place of abode has been refused or unclaimed and abusiness address is known for such individual.
(b) Minor. Upon a minor, by serving the minor andalso either theminor's guardian or conservator if the minor has one within thestate or the minor's father or mother or other person having theminor's care or control or with whom such minor resides, or if servicecannot be made upon any of them, then as provided by order of the judge.Service by return receipt delivery shall beaddressed to an individual at theindividual's dwelling house or usual place of abode and to a corporateguardian or conservator at such guardian or conservator's usual place ofbusiness.
(c) Disabled person. Upon adisabled person, as defined in K.S.A. 77-201, andamendments thereto, byserving (1)such person's guardian, conservator or a competent adult member of suchperson's family with whom the person resides, or if such person isliving in an institution, then the director or chief executiveofficer of the institution or, if service cannot be made upon any ofthem, then as provided by order of the judge, and (2) unless the judgeotherwise orders, the disabled person.Service by return receipt delivery shall beaddressed to a director or chiefexecutive officer of an institution at the institution, to any otherindividual at the individual's dwelling house or usual place of abode, andto a corporate guardian or conservator at such guardian or conservator'susual place of business.
(d) Governmental bodies. (1) Upon a county, by serving one of thecounty commissioners orthe county clerk or the county treasurer; (2) upon a township, by serving theclerk or the trustee; (3)upon a city, byserving the clerk or the mayor; (4) upon any other public corporation, bodypolitic,district or authority by serving the clerk or secretary or, if not to be found,to anyofficer, director or manager thereof; and (5) upon the state or anygovernmental agency of the state, when subject to suit, by serving the attorneygeneral or an assistantattorney general.Service by return receipt delivery shall beaddressed to the appropriate officialat the official's governmental office.Income withholding orders for support and orders of garnishment of earningsof state officers andemployees shall be served upon the state or governmental agency of the statein the manner provided by K.S.A. 60-723and amendments thereto.
(e) Corporations,domestic or foreign limited liability company, domestic or foreign limitedpartnership, domestic or foreign limited liability partnership,and partnerships. Upon a domestic or foreigncorporation, domestic or foreign limited liabilitycompany, domestic or foreign limited partnership, domestic or foreign limitedliability partnershipor upon a partnership or other unincorporated association,when by law it may be sued as such, (1) by serving an officer, manager,partner or aresident, managing orgeneral agent, or (2) by leaving a copy of the summonsand petition at any business office of thedefendant with the person having charge thereof, or (3) by serving any agentauthorized by appointment or required by law toreceive service of process, and if the agent is one authorized by law toreceive service and the law so requires, by also mailing a copy to thedefendant.Service by return receipt delivery on an officer,partner or agent shall beaddressed to such person at the person's usual place of business.
(f) Corporation, limited liability company, limited partnershipor limited liability partnershipresident agent.Whenever any domestic corporation, domestic limitedliabilitycompany, domestic limited partnership, or anyforeign corporation, foreign limited liability company, or foreignlimited partnership authorized to transactbusiness or transactingbusiness without authority in this state, fails to appoint ormaintain in this state a resident agent upon whom service of legalprocess or service of any such notice or demand may be had, whenever theresident agent of such corporation, limited liability company or limitedpartnershipcannot with reasonablediligence be found at the registered office in this state, the secretary ofstate shall beirrevocably authorized as the agent and representative of thecorporation, limited liability company or limitedpartnership to accept service of any processor service of any noticeor demand required or permitted by law to be served upon thecorporation, limited liability company or limited partnership. Serviceon the secretary of state of any process,notice or demand against the corporation, limited liabilitycompany or limited partnershipshall be made bydelivering to the secretary of state by personalservice or by return receipt delivery,the original and two copies of theprocess and two copies of the petition,notice or demand, or the clerk of the court may send the original processand two copies of both the process and the petition, notice or demand directlyto the secretary of state by return receiptdelivery. In theevent that any process, notice or demand is served on the secretary ofstate, the secretary shall immediately cause a copy of suchprocess, notice or demand to beforwarded by return receipt delivery, addressed tothecorporation, limited liability company or limited partnership at itsprincipal office as it appears in the records of the secretary ofstate, or to the registered or principal office of the corporation, limitedliability company or limitedpartnership inthe state of its incorporation or formation. The secretary of state shall keeparecord of all processes, notices and demands served upon the secretaryunder this subsection, and shall record in the record the time of the serviceandthe action of the secretary with reference to it. A fee of$40shall be paid to the secretary of state by the partyrequesting the service of process, to cover the cost of suchservice of process, except the secretary of state may waive the fee for stateagencies. That feeshall not be included within or paid from any deposit as security forany costs or docket fee required by K.S.A. 60-2001or61-4001, and amendments thereto.
(g) Insurance companies or associations. Service of summons orother process may also be made on any insurance company or association,organized under the laws of the state of Kansas by service on thecommissioner of insurance in the same manner as that provided forservice on foreign insurance companies. All the requirements of lawrelating to service on foreign insurance companies so far as applicableshall also apply to domestic insurance companies.
(h) Service upon an employee. If the plaintiff or theplaintiff's agent or attorney filesan affidavit that to the best of the affiant's knowledge and beliefthe defendant is a nonresident who is employed in this state, or thatthe place of residence of the defendant is unknown, the affiant maydirect that the service of summons or other process be made by thesheriff or other duly authorized person by directing an officer,partner, managing or general agent, or the person having charge of theoffice or place of employment at which the defendant is employed, tomake the defendant available for the purpose of permitting the sheriffor other duly authorized person to serve the summons or otherprocess.
60-304.Service of process, on whom made.As used in this section, "serving" means making service by any of themethods described in K.S.A. 60-303, and amendments thereto, unless aspecific method of making service is prescribed in this section. Except forservice by publication under K.S.A. 60-307, and amendments thereto, serviceof process under this articleshall be made as follows:
(a) Individual. Upon an individual other than a minor or adisabledperson, by serving the individual or by serving an agentauthorized by appointment or by law to receive service of process, butif the agent is one designated by statute to receive service, suchfurther notice as the statute requires shall be given.Service by return receipt delivery shall beaddressed to an individual at theindividual's dwelling house or usual place of abode and to an authorizedagent at the agent's usual or designated address.Ifservice by return receipt delivery to theindividual's dwelling house or usual placeof abode is refused or unclaimed, the sheriff, party or party's attorneyseekingservice may complete service by certified mail, restricted delivery, byserving the individual at a business address after filing a return on servicestating the return receipt delivery to theindividual at such individual'sdwelling house or usual place of abode has been refused or unclaimed and abusiness address is known for such individual.
(b) Minor. Upon a minor, by serving the minor andalso either theminor's guardian or conservator if the minor has one within thestate or the minor's father or mother or other person having theminor's care or control or with whom such minor resides, or if servicecannot be made upon any of them, then as provided by order of the judge.Service by return receipt delivery shall beaddressed to an individual at theindividual's dwelling house or usual place of abode and to a corporateguardian or conservator at such guardian or conservator's usual place ofbusiness.
(c) Disabled person. Upon adisabled person, as defined in K.S.A. 77-201, andamendments thereto, byserving (1)such person's guardian, conservator or a competent adult member of suchperson's family with whom the person resides, or if such person isliving in an institution, then the director or chief executiveofficer of the institution or, if service cannot be made upon any ofthem, then as provided by order of the judge, and (2) unless the judgeotherwise orders, the disabled person.Service by return receipt delivery shall beaddressed to a director or chiefexecutive officer of an institution at the institution, to any otherindividual at the individual's dwelling house or usual place of abode, andto a corporate guardian or conservator at such guardian or conservator'susual place of business.
(d) Governmental bodies. (1) Upon a county, by serving one of thecounty commissioners orthe county clerk or the county treasurer; (2) upon a township, by serving theclerk or the trustee; (3)upon a city, byserving the clerk or the mayor; (4) upon any other public corporation, bodypolitic,district or authority by serving the clerk or secretary or, if not to be found,to anyofficer, director or manager thereof; and (5) upon the state or anygovernmental agency of the state, when subject to suit, by serving the attorneygeneral or an assistantattorney general.Service by return receipt delivery shall beaddressed to the appropriate officialat the official's governmental office.Income withholding orders for support and orders of garnishment of earningsof state officers andemployees shall be served upon the state or governmental agency of the statein the manner provided by K.S.A. 60-723and amendments thereto.
(e) Corporations,domestic or foreign limited liability company, domestic or foreign limitedpartnership, domestic or foreign limited liability partnership,and partnerships. Upon a domestic or foreigncorporation, domestic or foreign limited liabilitycompany, domestic or foreign limited partnership, domestic or foreign limitedliability partnershipor upon a partnership or other unincorporated association,when by law it may be sued as such, (1) by serving an officer, manager,partner or aresident, managing orgeneral agent, or (2) by leaving a copy of the summonsand petition at any business office of thedefendant with the person having charge thereof, or (3) by serving any agentauthorized by appointment or required by law toreceive service of process, and if the agent is one authorized by law toreceive service and the law so requires, by also mailing a copy to thedefendant.Service by return receipt delivery on an officer,partner or agent shall beaddressed to such person at the person's usual place of business.
(f) Corporation, limited liability company, limited partnershipor limited liability partnershipresident agent.Whenever any domestic corporation, domestic limitedliabilitycompany, domestic limited partnership, or anyforeign corporation, foreign limited liability company, or foreignlimited partnership authorized to transactbusiness or transactingbusiness without authority in this state, fails to appoint ormaintain in this state a resident agent upon whom service of legalprocess or service of any such notice or demand may be had, whenever theresident agent of such corporation, limited liability company or limitedpartnershipcannot with reasonablediligence be found at the registered office in this state, the secretary ofstate shall beirrevocably authorized as the agent and representative of thecorporation, limited liability company or limitedpartnership to accept service of any processor service of any noticeor demand required or permitted by law to be served upon thecorporation, limited liability company or limited partnership. Serviceon the secretary of state of any process,notice or demand against the corporation, limited liabilitycompany or limited partnershipshall be made bydelivering to the secretary of state by personalservice or by return receipt delivery,the original and two copies of theprocess and two copies of the petition,notice or demand, or the clerk of the court may send the original processand two copies of both the process and the petition, notice or demand directlyto the secretary of state by return receiptdelivery. In theevent that any process, notice or demand is served on the secretary ofstate, the secretary shall immediately cause a copy of suchprocess, notice or demand to beforwarded by return receipt delivery, addressed tothecorporation, limited liability company or limited partnership at itsprincipal office as it appears in the records of the secretary ofstate, or to the registered or principal office of the corporation, limitedliability company or limitedpartnership inthe state of its incorporation or formation. The secretary of state shall keeparecord of all processes, notices and demands served upon the secretaryunder this subsection, and shall record in the record the time of the serviceandthe action of the secretary with reference to it. A fee of$40shall be paid to the secretary of state by the partyrequesting the service of process, to cover the cost of suchservice of process, except the secretary of state may waive the fee for stateagencies. That feeshall not be included within or paid from any deposit as security forany costs or docket fee required by K.S.A. 60-2001or61-4001, and amendments thereto.
(g) Insurance companies or associations. Service of summons orother process may also be made on any insurance company or association,organized under the laws of the state of Kansas by service on thecommissioner of insurance in the same manner as that provided forservice on foreign insurance companies. All the requirements of lawrelating to service on foreign insurance companies so far as applicableshall also apply to domestic insurance companies.
(h) Service upon an employee. If the plaintiff or theplaintiff's agent or attorney filesan affidavit that to the best of the affiant's knowledge and beliefthe defendant is a nonresident who is employed in this state, or thatthe place of residence of the defendant is unknown, the affiant maydirect that the service of summons or other process be made by thesheriff or other duly authorized person by directing an officer,partner, managing or general agent, or the person having charge of theoffice or place of employment at which the defendant is employed, tomake the defendant available for the purpose of permitting the sheriffor other duly authorized person to serve the summons or otherprocess.
