61-2902. Commencement of actions, limitations of actions.
61-2902
61-2902. Commencement of actions, limitations ofactions.(a) An action pursuant to the code of civil procedure forlimited actions is commenced at the time of:
(1) Filing a petition with the clerk of the district court, if service ofprocess is obtained or the first publication is made for service bypublication, within 90 days after the petition is filed, except that the courtmay extend that time an additional 30 days upon a showing of good cause by theplaintiff; or
(2) service of process or first publication, if service of process or firstpublication is not made within the time specified by provision (1).
(b) If service of process or first publication purports to have been made butis later adjudicated to have been invalid due to any irregularity in form orprocedure or any defect in making service, the action shall nevertheless bedeemed to have been commenced at the applicable time under subsection (a) ifvalid service is obtained or first publication is made within 90 days afterthat adjudication, except that the court may extend that time an additional 30days upon a showing of good cause by the plaintiff.
(c) An entry of appearance by the defendant shall have the same effect asservice of processon the defendant.
(d) The limitation of time for commencing lawsuits pursuant to the code ofcivil procedure for limited actions shall be asprovided in article 5 of chapter 60 of the Kansas Statutes Annotated, andamendments thereto,except where a different limitation is specifically provided by statute.
History: L. 2000, ch. 161, § 8; Jan. 1, 2001.