KANSAS

Rules of Civil Procedure

Disclaimer: Due to constantly changing laws, the information on this page may not reflect the most recent changes to state laws. The information contained here is meant to be used as general information regarding Kansas rules of civil procedure. This is not intended to be any form of legal advice. Torri’s Legal Services is not liable for any direct, indirect or consequential damages resulting from your reliance on this information.

Comments, corrections or suggestions should be directed to torri@torrilegalservices.com.

Kansas Rules of Civil Procedure

Please note that lobbyists are active in the state of Kansas and laws concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the Kansas Courts website.

60.303. Methods of Service of Process

1. Methods of service of process within this state are described in this section. Methods of out-of-state service of process are described in K.S.A. 60-308….
2. Who Serves Process. The sheriff of the county in which the action is filed shall serve any process by any method authorized by this section… unless a party, either personally or through an attorney, elects to undertake the responsibility for service and so notifies the clerk.
3. Service by Return Receipt Delivery. (1) shall include service by certified mail, priority mail, commercial courier service, overnight delivery service, or other reliable personal delivery service to the party addressed…
4. Personal and Residence Service.

1. 1. The party may file a written request with the clerk for personal or residence service. Personal service shall be made by delivering a copy of the process … to the person to be served. Residence service shall be made by leaving a copy of the process … 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… by personal or residence service, service may be made by leaving a copy of the process … 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.
   2. When process is to be served under this subsection, the clerk … shall deliver the process to the sheriff of the county where the process is to be served or, if requested, to a person appointed to server process.
   3. Service, levy and execution of process … 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 … by an attorney admitted to practice before the supreme court of Kansas or some person appointed as a process server by a judge or clerk of the district court, except that 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 KSA 28-110… All persons authorized under this subsection to be serve, levy and execute process shall be considered an “officer” as used in KSA 60-706 and 60-240-1 and amendments thereto.
   4. In all cases when the person to be served … refuses to receive copies thereof, the officer of the duly authorized process server to deliver copies thereof, and the refusal, shall be sufficient service of process.

60-308. Service Outside State.
a. Proof and Effect.

1. (2) The service of process shall be made

1. 1. 1. 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 whether the defendant is served or
      2. by sending a copy of the process and of the petition to the person to be served in a manner provided in subsection (e). No order of court is required. An affidavit, or any other competent proofs, of the server shall be filed stating the time, manner and place of service…

e. Service by Return Receipt Delivery.

1. • (1) Service of any out-of-state process by return receipt delivery shall include service effected by certified mail, priority mail, commercial courier service, overnight delivery service, or other reliable personal delivery service to the party addressed…

60-312. Proof of Service.

1. Personal and Residence Service. (2) If service of process is 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.

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 out-of-state corporate process server not officer of state in which service is 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 the defendant were not impaired. Cook v. Freeman 825 P.2d 1185 (1992)

Kansas Statutes

Chapter 21 – Crimes and Punishments
21-3808. Obstructing legal process or official duty.

1. 1. 1. Obstructing legal process or official duty is knowingly and intentionally obstructing, resisting or opposing any person authorized by law to serve process in the service or execution in the attempt to serve or execute any writ, warrant, process or order of court, or in the discharge of any official duty.
      2. 1. Obstructing legal process or official duty in the case of a felony, or resulting from parole or any authorized disposition of for a felony, is a severity level 9, nonperson felony
         2. Obstructing legal process or official duty in a case of misdemeanor, or resulting from any authorized disposition for a misdemeanor, or a civil case is a class a nonperson misdemeanor.