60-205. Service and filing of pleadings and other papers.
60-205
60-205. Service and filing of pleadings and otherpapers.The method of service and filing of pleadings and other papers as providedin this section shall constitute sufficient service and filing in all civilactions and special proceedings but they shall be alternative to, and notin restriction of, different methods specifically provided by law.
(a) When required. Except as otherwise provided in this chapter,the following shall be served upon each of the parties: Everyorder required by its terms to be served; every pleading subsequent to theoriginal petition, unless the court otherwise orders because of numerousdefendants; every paper relating to disclosure of expert testimony ordiscovery required to be served upona party, unless the court otherwise orders; every written motion other thanone which may be heard ex parte; and every written notice,appearance,demand, offer of judgment, designation of record on appeal and similarpaper. No service need be madeon parties in default for failure to appear except that pleadings assertingnew or additional claims for relief against them shall be served upon themin the manner provided for service of summons in article 3 ofchapter 60.
(b) How made. Whenever under this article service is required orpermittedto be made upon a party represented by an attorney the service shall bemade upon the attorney unless service upon the party is orderedby the court. Service upon the attorney or upon a party shall be made by:(1)Delivering a copy to the attorney or a party: (2) mailing itto the attorney or a party at the last known address; (3) if no address isknown, by leaving it with the clerk of thecourt; or (4) sending or transmitting to such attorney a copy bytelefacsimile communication.For the purposes of this subsection, "Deliveryof a copy" means: Handing it to the attorney orto the party; leaving it at the attorney's or party's officewith the personin charge thereof or, if there is no one in charge, leaving it in a conspicuousplace therein; or, if the attorney's or party's office is closed or theperson to be served hasno office, leaving it at the attorney's or party's dwelling house or usualplace of abode withsome person of suitable age and discretion then residing therein. Serviceby mail is complete upon mailing.Service by telefacsimile communication is complete upon receipt of aconfirmation generated by the transmitting machine.
(c) Numerous defendants. In any action in which there areunusually large numbers of defendants, the court, upon motion or of its owninitiative,may order that services of the pleadings of the defendants and replies theretoneed not be made as between the defendants and that any cross-claim,counterclaimor matter constituting an avoidance or affirmative defense contained thereinshall be deemed to be denied or avoided by all other parties and that thefiling of any such pleading and service thereof upon the plaintiff constitutesdue notice of it to the parties. A copy of every such order shall be servedupon the parties in such manner and form as the court directs.
(d) Filing. (1) Interrogatories, depositions other than thosetaken under K.S.A.60-227 and amendmentsthereto, disclosures of expert testimony under K.S.A. 60-226 and amendmentsthereto and discovery requests or responses under K.S.A.60-234 or 60-236, and amendments thereto, shall not be filed except on orderof the court or until used in a trial or hearing, at which time thedocuments shall be filed.
(2) A party serving discovery requests or responses under K.S.A.60-233, 60-234 or 60-236, and amendments thereto, or disclosures of experttestimony under K.S.A. 60-226 and amendments thereto, shall file with thecourta certificate stating what document was served, when and upon whom.
(3) Allother papers filed after the petition and required to be served upon a party,shall be filed with the court either before service or within a reasonabletime thereafter.
(e) Filing with the court defined. The filing of pleadings andother papers with the court as required by this article shall be made by filingthem with the clerk of the court. In accordance withK.S.A. 60-271 and amendments thereto and supreme court rules, pleadings andother papers may be filed by telefacsimile communication. The judge maypermit the papersto be filed with the judge, in which event the judgeshall note thereon the filing dateand forthwith transmit them to the office of the clerk.
History: L. 1963, ch. 303, 60-205;amended by Supreme Court order dated July 20, 1972;amended by Supreme Court order dated July 28, 1976;L. 1987, ch. 218, § 1;L. 1992, ch. 128, § 13;L. 1997, ch. 173, § 2;L. 2002, ch. 198, § 18; July 1.