60-303. Methods of service of process.
60-303
60-303. Methods of service of process.(a) Methods of service of process within this state, except service bypublication as provided in K.S.A. 60-307, and amendments thereto, aredescribed in this section. Methods of out-of-state service of process aredescribed in K.S.A. 60-308, and amendments thereto.
(b) Who serves process. The sheriff of the county in which theaction is filed shall serve any process by any method authorized by thissection, or asotherwise provided by law, unless a party, either personally or through anattorney, elects to undertake responsibility for service and so notifies theclerk.
(c) Service by return receiptdelivery. (1) Service of process by return receipt delivery shall includeservice effected 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 attorneyshall cause a copy of the process and petition or other document to be placedin a sealed envelope addressed to the person to be served inaccordancewith K.S.A.60-304, and amendments thereto,with postage or other delivery fees prepaid, and the sealed envelope placedin the custody of the person or entity effecting delivery.
(3) Service ofprocess shall be considered obtained under K.S.A. 60-203, andamendments thereto, upon the delivery of the sealed envelope.
(4) After serviceand return of the return receipt, the sheriff,party or party's attorneyshall execute a return on service stating the nature of the process, to whomdelivered, the dateof delivery,the addresswheredelivered and the person or entity effecting delivery.The original return of service shall be filed with the clerk, along with acopy of the return receipt evidencing such delivery.
(5) If thesealed envelope is returned with an endorsement showing refusalto accept delivery, thesheriff, party or the party's attorney maysend a copy of the processand petition or other document byfirst-class mail addressed to the party tobe served, or may elect other methods of service. If mailed, service shallbe considered obtained three days afterthe mailing by first-class mail, postageprepaid, which shall be evidenced by a certificate of service filed with theclerk. 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 toclaimreturn receipt delivery is not refusal of service within themeaning of this subsection.
(d) Personal and residence service. (1)The party may file awritten request with the clerk for personal or residence service. Personalservice shall be made by delivering or offering to deliver a copy of theprocess and accompanying documents to the person to be served. Residenceservice shall be made by leaving a copy of the process and petition, or otherdocument to be served, at the dwelling house or usual place of abode of theperson to be served with some person of suitable age and discretion residingtherein. If service cannot be made upon an individual, other than a minor or adisabled person, by personal or residence service, service may be made byleaving a copy of the process and petition, or other document to be served, atthe defendant's dwelling house or usual place of abode and mailing a noticethat such copy has been left at such house or place of abode to the individualby first-class mail.
(2) When process is to be served under this subsection, the clerk ofthe court shall deliver the process and sufficient copies of the processand petition, or other document to be served, to the sheriff of the countywhere the process is to be served or, if requested, to a person appointedto serve process 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 somepersonappointed 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 and 60-2401, and amendments thereto.
(4) In all cases when the person to be served, or an agent authorizedby the person to accept service of process, refuses to receive copiesthereof, the offer of the duly authorized process server to deliver copiesthereof, and the refusal, shall be a sufficient service of the process.
(e) Acknowledgment or appearance. Anacknowledgment of serviceon the summons is equivalent to service. The voluntary appearance by adefendant is equivalent to service as of the date of appearance.
History: L. 1963, ch. 303, 60-303;L. 1976, ch. 251, § 14;L. 1982, ch. 244, § 1;L. 1986, ch. 215, § 14;L. 1990, ch. 202, § 4;L. 1992, ch. 290, § 1;L. 1994, ch. 273, § 12;L. 2000, ch. 175, § 3;L. 2009, ch. 43, § 1; July 1.