US Laws, Codes, Statutes & Cases

      38-1628.   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 shall be 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 complaint were 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)   If the process is, by order of the court, delivered to a person other than an officer for service, the person shall report the place, manner and time of service by affidavit.

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

      On _____, 19__, I mailed a copy of the above (summons or other process) and a copy of the (complaint 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 the same 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 |X| paragraph to indicate method used.

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

      History:   L. 1982, ch. 182, § 82; Jan. 1, 1983.