60-308. Service outside state.
60-308
60-308. Service outside state.(a) Proof and effect. (1) Service of process may be madeupon any party outside the state. If upon a person domiciled in this stateor upon a person who has submitted to the jurisdiction of the courts ofthis state, such service shall provide personal jurisdictionover that party; otherwise it shall provide in rem jurisdiction overspecifically identified property that party may have in the state.
(2) The service of process shall be made (A) in the samemanner as servicewithin this state, by any officer authorized to make service of process inthis state or in the state where the defendant is served or (B) bysending a copy of the process and of the petition or other document to theperson to be served in the mannerprovided insubsection (d). No order ofa court is required. Anaffidavit, or any other competent proofs, of the server shall be filedstating the time, manner and placeof service. The court may consider the affidavit, or anyother competentproofs, in determining whether service has been properly made.
(3) No default shall be entered until the expiration of at least 30days after service. A default judgment rendered onservice outside this state may beset aside only on a showing which would be timely and sufficient to setaside a default judgmentunder subsection (b) of K.S.A. 60-260, and amendments thereto.
(b) Submitting to jurisdiction. (1)Anyperson, whetheror nota citizen or resident of this state, who in person or through an agent orinstrumentality does any of the acts hereinafter enumerated, therebysubmits the person and, if an individual,the individual's personal representative, tothe jurisdiction of the courts of this state as to any cause of actionarising from the doing of any of these acts:
(A) Transaction of any business within this state;
(B) commission of a tortious act within this state;
(C) ownership, use or possession of any real estatesituated inthis state;
(D) contracting to insure any person, property or risklocated withinthis state at the time of contracting;
(E) entering into an express or implied contract, by mailor otherwise,with a resident of this state to be performed in whole or in part by eitherparty in this state;
(F) acting within this state as director, manager, trusteeor otherofficer of any corporation organized under the laws of or having a place ofbusiness within this state or acting as executor or administrator of any estatewithin this state;
(G) causing to persons or property within this state anyinjury arising outof an act or omission outside of this state by the defendant if, at thetime of the injury either(i) the defendant wasengaged in solicitation or service activities within this state; or(ii) products, materials or things processed, serviced or manufacturedby thedefendant anywhere were used or consumed within this state in the ordinarycourse of trade or use;
(H) living in the marital relationship within the statenotwithstandingsubsequent departure from the state, as to all obligations arising formaintenance,child support or property settlement under article 16 of this chapter, if theother party to the marital relationship continues to reside in the state;
(I) serving as the insurer of any person at the time of anyact by theperson which is the subject of an action in a court of competentjurisdiction within the state of Kansas which results in judgment beingtaken against the person;
(J) performing an act of sexual intercourse within thestate, as to anaction against a person seeking to adjudge the person to be a parent ofa child and as to an action to requirethe person to provide support for a child as provided bylaw, if (i) the conception of the child results from the actand(ii) the other party to the act or the child continues to reside in thestate; or
(K) entering into an express or implied arrangement,whether bycontract, tariff or otherwise, with a corporation or partnership, eithergeneral or limited, residing or doing business in this state under whichsuch corporation or partnership has supplied transportation services, orcommunication services orequipment, including, without limitation, telephonic communicationservices, for a business or commercial user wherethe services supplied to such user are managed, operated or monitoredwithin the state of Kansas,provided that such person is put on reasonable notice that arranging orcontinuing such transportation services or telecommunication services mayresult in the extension ofjurisdiction pursuant to this section.
(2) A person may be considered to have submitted to the jurisdiction ofthe courts of this state for a cause of action which did not arise in thisstate if substantial, continuous and systematic contact with this state isestablished that would supportjurisdiction consistent with the constitutions of the United States and of thisstate.
(c) Nothing contained in this section limits or affects theright to serveanyprocess in any other manner provided by law, including, but not limited to,K.S.A. 17-7301, 17-7307, 40-218 and 50-631, and amendments thereto.
(d) Service by return receiptdelivery. (1) Service of any out-of-state processby return receipt delivery shall include service effectedby certified mail, prioritymail, commercial courier service, overnight delivery service, or other reliablepersonal delivery service to the party addressed, in each instance evidenced bya written or electronic receipt showing to whom delivered, date of delivery,address where delivered, and person or entity effecting delivery. (2) The partyor party's attorney shallcause acopy of the process and petition or other document to be placed ina sealedenvelope addressed to the person to be served in accordance with K.S.A.60-304, and amendments thereto, with postage or other delivery fees prepaid,and the sealedenvelope placed in the custody of the person or entity effecting delivery. (3) Service of process 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 party or party's attorney shallexecute areturn on service stating the nature of theprocess, to whom delivered, the date,theaddress where delivered and the person or entity effecting delivery. Theoriginal return of service shall be filed with the clerk, along with a copy ofthe return receipt evidencing such delivery. (5)Ifthe sealed envelope is returned with anendorsement showingrefusalto accept delivery, the party or the party'sattorney may send a copy ofthe process and petition or other documentbyfirst-class mail addressed to theparty to be served, or may elect other methods of service. If mailed,service shall be consideredobtained three days after the mailing byfirst-class mail, postage prepaid, which shall be evidenced by a certificateofservice filed with the clerk. If the unopened envelope sent first-class mail isreturned as undelivered for any reason, the party or party's attorneyshall file an amended certificate of service with the clerk indicatingnondelivery, and service by such mailing shall not be considered obtained.Mere failure to claimreturn receipt delivery is not refusal ofservice within the meaning of this subsection.
History: L. 1963, ch. 303, 60-308;L. 1971, ch.195, § 1;L. 1972, ch. 221, § 1;L. 1976, ch. 253, § 1;L. 1982, ch. 152, § 23;L. 1986, ch. 215, § 16;L. 1989, ch. 178, § 1;L. 1990, ch. 202, § 9;L. 2000, ch. 175, § 4;L. 2006, ch. 49, § 1; July 1.