2009 Kansas Code
Chapter 60 PROCEDURE, CIVIL
Article 3 PROCESS
60-312. Proof of service.

60-312

Chapter 60.--PROCEDURE, CIVIL Article 3.--PROCESS

      60-312.   Proof of service. Proof of service shall be made as follows:

      (a)   Personal and residence service. (1) Every officer to whom summons or other process shall be delivered for service within or without the state, shall make a statement subject to penalty of perjury as provided in K.S.A. 21-3805 and amendments thereto as to the time, place and manner of service of such writ.

      (2)   If service of such process is directed to and delivered to a person, other than an officer, for service, such person shall make affidavit as to the time, place and manner of such person's service thereof.

      (b)   Service by return receipt delivery. Service by return receipt delivery shall be proven in the manner provided by subsection (c) of K.S.A. 60-303 or subsection (e) of K.S.A. 60-308, and amendments thereto.

      (c)   Publication service. Service by publication shall be proven by an affidavit showing the dates upon which and the newspaper in which the notice of publication was published. A copy of the notice shall be attached to the affidavit which shall be filed in the cause. When mailing of copies of the publication 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 affidavit of the person who mailed such copies and such affidavit shall be filed with the clerk of the court in which the action has been filed. If such mailing was by certified mail, the return receipt shall be made a part of the affidavit and filed therewith.

      (d)   Time for return. The officer or other person receiving a summons or other process shall make a return of service promptly and in any event within 10 days after the service is effected. If the process cannot be served it shall be returned to the court within 30 days after the date of issue with a statement of the reason for the failure to serve the same, except the time for service thereof may be extended up to 90 days from the date of issue by order of the court or judge of the court to which it is returnable. Immediately upon receipt of the return upon any summons or other process by the clerk of the court issuing the same, such clerk shall mail a copy of such return to the attorney for the party requesting the issuance of such summons or other process or, if such party has no attorney, then to the requesting party's self.

      History:   L. 1963, ch. 303, 60-312; L. 1969, ch. 283, § 1; L. 1970, ch. 235, § 2; amended by Supreme Court order dated July 28, 1976; L. 1986, ch. 215, § 17; L. 1990, ch. 202, § 11; L. 1998, ch. 100, § 1; L. 2000, ch. 175, § 5; July 1.