Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS
Article 30.--PROCESS
61-3003.Methods of service of process.(a) Methods of service of process within this state, except service bypublication, are described in this section. Service of process outside thestate shall be made in substantial compliance with the applicable provisions ofK.S.A. 60-308, and amendments thereto.
(b) Who serves process. The sheriff of the county in which the action isfiled shall serve any process by any method authorized by this section,or as otherwiseprovided by law, unless a party, either personally or through an attorney,elects to undertake responsibility for service and so notifies the clerk.
(c) Service by return receipt delivery.
(1) Service of process by return receipt delivery shall include serviceeffected by certified mail, priority mail, commercial courier service,overnight delivery service, or other reliable personal delivery service to theparty addressed, in each instance evidenced by a written or electronic receiptshowing to whom delivered, date of delivery, address where delivered, andperson or entity effecting delivery.
(2) The sheriff, party or party's attorney shall cause a copy of the processand petition or other document to be placed in a sealed envelope addressed tothe person to be served in accordance withK.S.A. 61-3004, andamendments thereto,with postage or other delivery fees prepaid, and the sealed envelope placed inthe custody of the person or entity effecting delivery.
(3) Service of process shall be considered obtained underK.S.A. 61-2902, andamendments thereto, upon the delivery of the sealed envelope.
(4) After service and return of the receipt, the sheriff, party, or party'sattorney shall execute a return on service stating the nature of the process,to whom delivered, the date of delivery, the address where delivered, and theperson or entity effecting delivery. The original return of service shall befiled with the clerk, along with a copy of the return receipt evidencing suchdelivery.
(5) If the sealed envelope is returned with an endorsement showing refusal toaccept delivery, the sheriff, party or the party's attorney may send a copy ofthe process and petition or other document by first-class mail addressed to theparty to be served, or may elect other methods of service. If mailed, serviceshall be considered obtained three days after the mailing by first-class mail,postage prepaid, which shall be evidenced by a certificate of service filedwith the clerk. If the unopened envelope sent first-class mail is returned asundelivered for any reason, the sheriff, party or party's attorney shall filean amended certificate of service with the clerk indicating nondelivery, andservice by such mailing shall not be considered obtained. Mere failure to claimreturn receipt delivery is not refusal of service within the meaning of thissubsection.
(d) Personal and residence service.
(1) The party may file a writtenrequest with the clerk for personal or residence service. Personal serviceshall be made by delivering or offering to deliver a copy of the process andaccompanying documents to the person to be served. Residence service shall bemade by leaving a copy of the process and petition, or other document to beserved, at the dwelling house or usual place of abode of the person to beserved with some person of suitable age and discretion residing therein. Ifservice cannot be made upon an individual, other than a minor or a disabledperson, by personal or residence service, service may be made by leaving a copyof the process and petition, or other document to be served, at the defendant'sdwelling house or usual place of abode and mailing a notice that such copy hasbeen left at such house or place of abode to the individual by first-classmail.
(2) When process is to be served under this subsection, the clerk of thecourt shall deliver the process and sufficient copies of the process andpetition, or other document to be served, to the sheriff of the county wherethe process is to be served or, if requested, to a person appointed to serveprocess or to the plaintiff's attorney.
(3) 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 ofassistance, shall be made by a sheriff within the sheriff's county, by thesheriff's deputy, by an attorney admitted to the practice of law before thesupreme court of Kansas, by a person licensed as a private detectivepursuant to K.S.A. 75-7b01 et seq., and amendments thereto, or by someperson appointed as a process server by ajudge or clerk of the district court, except that a subpoena may also be servedby 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 serveprocess in a single case or in cases generally during a fixed period of time. Aprocess server, authorized attorney or licensed privatedetective may make the service anywhere in orout of the state and shall be allowed the fees prescribed in K.S.A. 28-110, andamendments thereto, for the sheriff and such other fees and costs as the courtshall allow. All persons authorized under this subsection to serve, levy andexecute process shall be considered an "officer" as used in K.S.A. 60-706 and60-2401, and amendments thereto.
(4) In all cases when the person to be served, or an agent authorized by theperson toaccept service of process, refuses to receive copies thereof, the offer of theduly authorized process server to deliver copies thereof, and the refusal,shall be a sufficient service of the process.
(e) Publication service. Service of process by publication may be madepursuant to the provisions of K.S.A. 60-307, and amendments thereto, which arenot inconsistent or in conflict with this act.
(f) Acknowledgment or appearance. An acknowledgment of service on the summonsis equivalent to service. The voluntary appearance by a defendant is equivalentto service as of the date of appearance.
(g) In addition to other methods listed in this section, the personserving process may serve a garnishment process in any of the followingmethods:
(1) First class mail. Process may be sent to a person by first-class mail byplacing a copy of the process and petition or other document to be served in anenvelope addressed to the person to be served in accordance withK.S.A. 61-3004, and amendments thereto, at such person's last knownaddress. Theenvelope used for such service shall be addressed to the person in accordancewithK.S.A. 61-3004, and amendments thereto, and shall containadequate postage. Such envelope shall be sealed and placed in the United Statesmail. Service by first-class mail shall be complete when the envelope is placedin the mail unless returned undelivered. Service shall be considered obtainedupon the mailing by first-class mail unless returned undelivered.
(2) Telefacsimile communication. Process may be sent to a person bytelefacsimile communication at a telefacsimile number designated bythe garnishee. Service iscomplete upon receipt of a confirmation generated by the transmitting machine.
(3) Internet electronic mail. Process may be sent to a person by internetelectronic mailat an internet electronic mail address designated by the garnishee andas provided in the rules to be adopted hereunder by the supremecourt. Service is complete upon receipt of a reply generated by thegarnishee.
History: L. 2000, ch. 161, § 21;L. 2002, ch. 198, § 1;L. 2009, ch. 43, § 2; July 1.
Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS
Article 30.--PROCESS
61-3003.Methods of service of process.(a) Methods of service of process within this state, except service bypublication, are described in this section. Service of process outside thestate shall be made in substantial compliance with the applicable provisions ofK.S.A. 60-308, and amendments thereto.
(b) Who serves process. The sheriff of the county in which the action isfiled shall serve any process by any method authorized by this section,or as otherwiseprovided by law, unless a party, either personally or through an attorney,elects to undertake responsibility for service and so notifies the clerk.
(c) Service by return receipt delivery.
(1) Service of process by return receipt delivery shall include serviceeffected by certified mail, priority mail, commercial courier service,overnight delivery service, or other reliable personal delivery service to theparty addressed, in each instance evidenced by a written or electronic receiptshowing to whom delivered, date of delivery, address where delivered, andperson or entity effecting delivery.
(2) The sheriff, party or party's attorney shall cause a copy of the processand petition or other document to be placed in a sealed envelope addressed tothe person to be served in accordance withK.S.A. 61-3004, andamendments thereto,with postage or other delivery fees prepaid, and the sealed envelope placed inthe custody of the person or entity effecting delivery.
(3) Service of process shall be considered obtained underK.S.A. 61-2902, andamendments thereto, upon the delivery of the sealed envelope.
(4) After service and return of the receipt, the sheriff, party, or party'sattorney shall execute a return on service stating the nature of the process,to whom delivered, the date of delivery, the address where delivered, and theperson or entity effecting delivery. The original return of service shall befiled with the clerk, along with a copy of the return receipt evidencing suchdelivery.
(5) If the sealed envelope is returned with an endorsement showing refusal toaccept delivery, the sheriff, party or the party's attorney may send a copy ofthe process and petition or other document by first-class mail addressed to theparty to be served, or may elect other methods of service. If mailed, serviceshall be considered obtained three days after the mailing by first-class mail,postage prepaid, which shall be evidenced by a certificate of service filedwith the clerk. If the unopened envelope sent first-class mail is returned asundelivered for any reason, the sheriff, party or party's attorney shall filean amended certificate of service with the clerk indicating nondelivery, andservice by such mailing shall not be considered obtained. Mere failure to claimreturn receipt delivery is not refusal of service within the meaning of thissubsection.
(d) Personal and residence service.
(1) The party may file a writtenrequest with the clerk for personal or residence service. Personal serviceshall be made by delivering or offering to deliver a copy of the process andaccompanying documents to the person to be served. Residence service shall bemade by leaving a copy of the process and petition, or other document to beserved, at the dwelling house or usual place of abode of the person to beserved with some person of suitable age and discretion residing therein. Ifservice cannot be made upon an individual, other than a minor or a disabledperson, by personal or residence service, service may be made by leaving a copyof the process and petition, or other document to be served, at the defendant'sdwelling house or usual place of abode and mailing a notice that such copy hasbeen left at such house or place of abode to the individual by first-classmail.
(2) When process is to be served under this subsection, the clerk of thecourt shall deliver the process and sufficient copies of the process andpetition, or other document to be served, to the sheriff of the county wherethe process is to be served or, if requested, to a person appointed to serveprocess or to the plaintiff's attorney.
(3) 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 ofassistance, shall be made by a sheriff within the sheriff's county, by thesheriff's deputy, by an attorney admitted to the practice of law before thesupreme court of Kansas, by a person licensed as a private detectivepursuant to K.S.A. 75-7b01 et seq., and amendments thereto, or by someperson appointed as a process server by ajudge or clerk of the district court, except that a subpoena may also be servedby 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 serveprocess in a single case or in cases generally during a fixed period of time. Aprocess server, authorized attorney or licensed privatedetective may make the service anywhere in orout of the state and shall be allowed the fees prescribed in K.S.A. 28-110, andamendments thereto, for the sheriff and such other fees and costs as the courtshall allow. All persons authorized under this subsection to serve, levy andexecute process shall be considered an "officer" as used in K.S.A. 60-706 and60-2401, and amendments thereto.
(4) In all cases when the person to be served, or an agent authorized by theperson toaccept service of process, refuses to receive copies thereof, the offer of theduly authorized process server to deliver copies thereof, and the refusal,shall be a sufficient service of the process.
(e) Publication service. Service of process by publication may be madepursuant to the provisions of K.S.A. 60-307, and amendments thereto, which arenot inconsistent or in conflict with this act.
(f) Acknowledgment or appearance. An acknowledgment of service on the summonsis equivalent to service. The voluntary appearance by a defendant is equivalentto service as of the date of appearance.
(g) In addition to other methods listed in this section, the personserving process may serve a garnishment process in any of the followingmethods:
(1) First class mail. Process may be sent to a person by first-class mail byplacing a copy of the process and petition or other document to be served in anenvelope addressed to the person to be served in accordance withK.S.A. 61-3004, and amendments thereto, at such person's last knownaddress. Theenvelope used for such service shall be addressed to the person in accordancewithK.S.A. 61-3004, and amendments thereto, and shall containadequate postage. Such envelope shall be sealed and placed in the United Statesmail. Service by first-class mail shall be complete when the envelope is placedin the mail unless returned undelivered. Service shall be considered obtainedupon the mailing by first-class mail unless returned undelivered.
(2) Telefacsimile communication. Process may be sent to a person bytelefacsimile communication at a telefacsimile number designated bythe garnishee. Service iscomplete upon receipt of a confirmation generated by the transmitting machine.
(3) Internet electronic mail. Process may be sent to a person by internetelectronic mailat an internet electronic mail address designated by the garnishee andas provided in the rules to be adopted hereunder by the supremecourt. Service is complete upon receipt of a reply generated by thegarnishee.
History: L. 2000, ch. 161, § 21;L. 2002, ch. 198, § 1;L. 2009, ch. 43, § 2; July 1.
Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS
Article 30.--PROCESS
61-3003.Methods of service of process.(a) Methods of service of process within this state, except service bypublication, are described in this section. Service of process outside thestate shall be made in substantial compliance with the applicable provisions ofK.S.A. 60-308, and amendments thereto.
(b) Who serves process. The sheriff of the county in which the action isfiled shall serve any process by any method authorized by this section,or as otherwiseprovided by law, unless a party, either personally or through an attorney,elects to undertake responsibility for service and so notifies the clerk.
(c) Service by return receipt delivery.
(1) Service of process by return receipt delivery shall include serviceeffected by certified mail, priority mail, commercial courier service,overnight delivery service, or other reliable personal delivery service to theparty addressed, in each instance evidenced by a written or electronic receiptshowing to whom delivered, date of delivery, address where delivered, andperson or entity effecting delivery.
(2) The sheriff, party or party's attorney shall cause a copy of the processand petition or other document to be placed in a sealed envelope addressed tothe person to be served in accordance withK.S.A. 61-3004, andamendments thereto,with postage or other delivery fees prepaid, and the sealed envelope placed inthe custody of the person or entity effecting delivery.
(3) Service of process shall be considered obtained underK.S.A. 61-2902, andamendments thereto, upon the delivery of the sealed envelope.
(4) After service and return of the receipt, the sheriff, party, or party'sattorney shall execute a return on service stating the nature of the process,to whom delivered, the date of delivery, the address where delivered, and theperson or entity effecting delivery. The original return of service shall befiled with the clerk, along with a copy of the return receipt evidencing suchdelivery.
(5) If the sealed envelope is returned with an endorsement showing refusal toaccept delivery, the sheriff, party or the party's attorney may send a copy ofthe process and petition or other document by first-class mail addressed to theparty to be served, or may elect other methods of service. If mailed, serviceshall be considered obtained three days after the mailing by first-class mail,postage prepaid, which shall be evidenced by a certificate of service filedwith the clerk. If the unopened envelope sent first-class mail is returned asundelivered for any reason, the sheriff, party or party's attorney shall filean amended certificate of service with the clerk indicating nondelivery, andservice by such mailing shall not be considered obtained. Mere failure to claimreturn receipt delivery is not refusal of service within the meaning of thissubsection.
(d) Personal and residence service.
(1) The party may file a writtenrequest with the clerk for personal or residence service. Personal serviceshall be made by delivering or offering to deliver a copy of the process andaccompanying documents to the person to be served. Residence service shall bemade by leaving a copy of the process and petition, or other document to beserved, at the dwelling house or usual place of abode of the person to beserved with some person of suitable age and discretion residing therein. Ifservice cannot be made upon an individual, other than a minor or a disabledperson, by personal or residence service, service may be made by leaving a copyof the process and petition, or other document to be served, at the defendant'sdwelling house or usual place of abode and mailing a notice that such copy hasbeen left at such house or place of abode to the individual by first-classmail.
(2) When process is to be served under this subsection, the clerk of thecourt shall deliver the process and sufficient copies of the process andpetition, or other document to be served, to the sheriff of the county wherethe process is to be served or, if requested, to a person appointed to serveprocess or to the plaintiff's attorney.
(3) 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 ofassistance, shall be made by a sheriff within the sheriff's county, by thesheriff's deputy, by an attorney admitted to the practice of law before thesupreme court of Kansas, by a person licensed as a private detectivepursuant to K.S.A. 75-7b01 et seq., and amendments thereto, or by someperson appointed as a process server by ajudge or clerk of the district court, except that a subpoena may also be servedby 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 serveprocess in a single case or in cases generally during a fixed period of time. Aprocess server, authorized attorney or licensed privatedetective may make the service anywhere in orout of the state and shall be allowed the fees prescribed in K.S.A. 28-110, andamendments thereto, for the sheriff and such other fees and costs as the courtshall allow. All persons authorized under this subsection to serve, levy andexecute process shall be considered an "officer" as used in K.S.A. 60-706 and60-2401, and amendments thereto.
(4) In all cases when the person to be served, or an agent authorized by theperson toaccept service of process, refuses to receive copies thereof, the offer of theduly authorized process server to deliver copies thereof, and the refusal,shall be a sufficient service of the process.
(e) Publication service. Service of process by publication may be madepursuant to the provisions of K.S.A. 60-307, and amendments thereto, which arenot inconsistent or in conflict with this act.
(f) Acknowledgment or appearance. An acknowledgment of service on the summonsis equivalent to service. The voluntary appearance by a defendant is equivalentto service as of the date of appearance.
(g) In addition to other methods listed in this section, the personserving process may serve a garnishment process in any of the followingmethods:
(1) First class mail. Process may be sent to a person by first-class mail byplacing a copy of the process and petition or other document to be served in anenvelope addressed to the person to be served in accordance withK.S.A. 61-3004, and amendments thereto, at such person's last knownaddress. Theenvelope used for such service shall be addressed to the person in accordancewithK.S.A. 61-3004, and amendments thereto, and shall containadequate postage. Such envelope shall be sealed and placed in the United Statesmail. Service by first-class mail shall be complete when the envelope is placedin the mail unless returned undelivered. Service shall be considered obtainedupon the mailing by first-class mail unless returned undelivered.
(2) Telefacsimile communication. Process may be sent to a person bytelefacsimile communication at a telefacsimile number designated bythe garnishee. Service iscomplete upon receipt of a confirmation generated by the transmitting machine.
(3) Internet electronic mail. Process may be sent to a person by internetelectronic mailat an internet electronic mail address designated by the garnishee andas provided in the rules to be adopted hereunder by the supremecourt. Service is complete upon receipt of a reply generated by thegarnishee.
History: L. 2000, ch. 161, § 21;L. 2002, ch. 198, § 1;L. 2009, ch. 43, § 2; July 1.
