Kansas State Process Service
$179 Routine - $229 Rush
In Kansas, the rules for service of process are governed by the Kansas Code of Civil Procedure, particularly under Chapter 60, Article 3. Below are the key points regarding service of process in Kansas:
1. Who Can Serve Process
- Service must generally be performed by:
- A sheriff or deputy sheriff.
- An individual appointed by the court.
- Any person over 18 years old who is not a party to the case (for private service).
2. Methods of Service
Kansas permits several methods of serving process:
Personal Service
- Delivering the summons and a copy of the petition directly to the individual being served.
Residential Service
- Leaving the summons and petition at the individual's usual residence with someone of suitable age and discretion residing there.
Service by Mail
- Sending the summons and petition by certified mail, return receipt requested.
- Service is considered complete upon the date the recipient signs the receipt.
Service by Publication
- This method can be used in cases where the defendant's location is unknown despite due diligence. Publication must occur once a week for three consecutive weeks in a newspaper of general circulation in the county where the action is filed.
Service on Corporations or Other Entities
- Delivering to an officer, manager, partner, or a designated agent.
- If the entity is a foreign corporation not registered in Kansas, service may be made on the Kansas Secretary of State.
3. Time Limit for Service
- A summons must be served within 90 days of issuance unless the court extends the time for good cause.
4. Proof of Service
- The server must complete and file a return of service with the court.
- For certified mail, the return must include the signed receipt.
- For publication, an affidavit of publication from the newspaper is required.
5. Special Considerations
- Kansas allows electronic filing of documents in many jurisdictions, but personal service requirements must still comply with statutory procedures.
Service on certain individuals, like minors or individuals with disabilities, may have additional requirements.