60-301. Summons; issuance. On the filing of a petition, the clerk must promptly issue a summons for service on each defendant in accordance with K.S.A. 60-303, and amendments thereto. On written request the clerk must promptly issue a separate or additional summons. A summons must be served with a copy of the petition. History: L. […]
60-302. Summons; form. The summons must be signed by the clerk, dated the day it is issued and bear the court’s seal. The summons is sufficient if in substantial compliance with the form set forth by the judicial council. History: L. 1963, ch. 303, 60-302; L. 1986, ch. 215, § 13; L. 2005, ch. 101, […]
60-303. Methods of service of process. (a) In general. 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. (b) Who serves process. The sheriff of […]
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 […]
60-305. Process agents for public utilities. 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, and doing business in this state, must appoint, in accordance with K.S.A. 60-306, and amendments […]
60-305a. Process agents for motor common carriers. Every individual, partnership, association or corporation engaged in the business of transportation as a common carrier, which is subject to regulation by the state corporation commission, and doing business in this state, must appoint a person residing in this state on whom process may be served. The individual, […]
60-306. Process service agent. (a) Generally. An individual, partnership, association or corporation may appoint a resident of this state as service agent and consent that process may be served on the service agent as the agent of the individual, partnership, association or corporation. An instrument appointing the service agent must be acknowledged, must be filed […]
60-307. Service by publication. (a) When permissible. Service may be made by publication in any of the following cases: (1) In an action to obtain a divorce, maintenance or an annulment of a marriage if the defendant resides outside this state or if the party with due diligence is unable to serve summons on the […]
60-308. Service outside state. (a) Proof and effect. (1) Service of process may be made on any party outside this state. If on a party domiciled in this state or on a party that has submitted to the jurisdiction of the courts of this state, such service provides personal jurisdiction over that party; otherwise it […]
60-309. Relief from default judgment entered on service by publication. (a) Procedure. A party against which a judgment has been entered on service by publication in a newspaper, may, at any time within two years after its entry, move for relief from the judgment and to be allowed to defend. Before such relief may be […]
60-310. Lack of service on all defendants; procedure. (a) Generally. In an action against two or more defendants, when one or more, but not all have been served, the plaintiff may proceed as follows: (1) If the action is against defendants jointly indebted on a contract, the plaintiff may proceed against the defendants served, unless […]
60-311. Where process may be served. All process issued in this state may be served anywhere in this state and, when authorized by law, may be served outside this state. History: L. 1963, ch. 303, 60-311; L. 1990, ch. 202, § 10; L. 2010, ch. 135, § 156; July 1.
60-312. Proof of service. Proof of service must be filed with the court and made as follows: (a) Personal and residence service. (1) Every officer to whom summons or other process is delivered for service must make a statement subject to penalty of perjury as provided in K.S.A. 2021 Supp. 21-5903, and amendments thereto, as […]
60-313. Process, return of proof of service; amendment. The court may allow any process, return or proof of service 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; L. 2010, ch. 135, § 158; […]
