US Laws, Codes, Statutes & Cases

      38-1535.   Proof of service. Proof of service shall be made as follows:

      (a)   Personal or residential service. (1) Every officer to whom summons or other process is delivered for service within the state shall make written report of the place, manner and date of service of the process in substantially the following form:

      I certify that a true copy of the above summons and a copy of the petition was served on the persons above named in the manner and on the dates indicated below:

  Name    Location of Service  Manner of Service  Date of Service
________  ___________________  _________________  _______________
________  ___________________  _________________  _______________
________  ___________________  _________________  _______________
________  ___________________  _________________  _______________


Date Returned: _______, 19__  Sheriff of _________ County, Kansas

by _________________________________ _________________________________ (Title)

      (2)   Every officer to whom summons or other process shall be delivered for service outside this state shall make written report of the place, manner and time of service in substantially the following form:

STATE OF ________ COUNTY OF ________, SS

      __________being first duly sworn upon oath, states that the undersigned served the annexed summons or other process upon _________ at _____________ on the ___ day of ________, 19__, in the above county and state by delivering to the party a copy of the annexed summons or other process together with a copy of the pleading therein described.

_________________________ Sheriff of _______ County State of ________________

                                                     (Jurat)

 

      (3)   If the process is, by order of the court, delivered to a person other than an officer for service that person shall report the place, manner and time of service by affidavit.

      (b)   Service by mail. The clerk or a deputy clerk shall make a written report of service by mail in substantially the following form:

      On ________, 19__, I mailed a copy of the (summons or other process) and a copy of the (petition or other pleading) described therein to each of the parties named therein at the address indicated on the process:

* By placing in an envelope properly addressed and delivering it to the United States Postal Service for delivery with postage prepaid.

* By registered or certified mail of the United States Postal Service endorsed "return receipt requested showing address where delivered" and "deliver to addressee only" with all appropriate fees paid.

Date_______, 19__            ____________________________________
                             (Deputy) Clerk of the District Court

      * Check paragraph to indicate method used.

The return receipt for delivery of the item shall be attached to the certificate.

      (c)   Publication service. Service by publication shall be reported by an affidavit showing the dates upon and the newspaper in which the notice was published. A copy of the published notice shall be attached to the affidavit.

      (d)   Amendment of report. The judge may allow an amendment of a report of service at any time and upon terms as are deemed just to reflect correctly the true manner of service.

      History:   L. 1982, ch. 182, § 31; Jan. 1, 1983.