61-3005. Proof of service.
61-3005
61-3005. Proof of service.Proof of service shall be made as follows:
(a) Personal and residence service. (1) Every officer to whom summons orother process shall be delivered for service within or without the state, shallmake return thereof in writing stating the time, place and manner of service ofsuch writ, and shall sign such officer's name to such return.
(2) If such process is directed to and delivered to a person other than by anofficer for service, such person shall make affidavit as to the time, place andmanner of such person's service thereof.
(b) Service by return receipt delivery. Service by return receipt deliveryshall be proven in the manner provided by subsection (e) of K.S.A. 60-308 orsubsection (c) ofK.S.A. 61-3003, and amendments thereto.
(c) Publication service. Service by publication shall be proven by anaffidavit showing the dates upon, and the newspaper in which the notice ofpublication was published. A copy of the notice shall be attached to theaffidavit which shall be filed in the cause. When mailing of copies of thepublication notice is required in accordance with subsection (e) of K.S.A.60-307, and amendments thereto, the proof of such mailing shall be by affidavitof the person who mailed such copies and such affidavit shall be filed with theclerk of the court in which the action has been filed. Any return receipt shallbe made a part of the affidavit and filed therewith.
(d) Time for return. The officer or other person receiving a summons or otherprocess in forcible detainer cases shall make return of service promptly and,in any event, no later than three days before the date stated in the summonsfor the defendant to either appear or plead to the petition. In all other casesreturn of service shall be made promptly and, in any event, no later than fivedays before the date stated in the summons for the defendant to either appearor plead to the petition. If the process cannot be served as directed, it shallbe returned to the court forthwith with a statement of the reason for thefailure to serve the same.
(e) Amendment of return. At any time in the judge's discretion and upon suchterms as the judge deems just, the judge may allow any process, return or proofof service thereof to be amended, unless it clearly appears that materialprejudice would result to the substantial rights of the party against whom theprocess issued.
(f) Garnishment service of process. (1) First class mail. The return shallshow the nature of the process, the date on which the process was mailed andthe name and address on the envelope containing the process.
(2) Telefacsimile communication. The return shall show the nature of theprocess, the time and date on which the process was transmitted bytelefacsimile, the telephone number of the transmitting machine and thetelephone number of the receiving machine.
(3) Internet electronic mail. The return shall show the nature of theprocess, the time and date on which the process was transmitted by internetelectronicmail, the internet electronic mail address of the transmitting person and theinternet electronic mail address of the receiving person.
History: L. 2000, ch. 161, § 23; Jan. 1, 2001.