c
  


 




  

  A civil action is commenced at the time of:
() Filing a petition with the clerk of the court, if service of process is obtained or the first publication is made for service by
publication within 90 days after the petition is filed, except that the court may extend that time an additional 30 days upon a showing
of good cause by the plaintiff; or
() service of process or first publication, if service of process or first publication is not made within the time specified by
provision ().
 If service of process or first publication purports to have been made but is later adjudicated to have been invalid due to any
irregularity in form or procedure or any defect in making service, the action shall nevertheless be deemed to have been commenced at
the applicable time under subsection (a) if valid service is obtained or first publication is made within 90 days after that adjudication,
except that the court may extend that time an additional 30 days upon a showing of good cause by the plaintiff.
 The filing of an entry of appearance shall have the same effect as service. Written contact with the court by a defendant or an
attorney for a defendant evoking the protection for such defendant under the servicemembers civil relief act shall not be deemed an
entry of appearance by the court.
 As used in this section, filing a petition with the clerk of the court shall include receipt by the clerk of a petition by telefacsimile
communication complying with supreme court rules.

 
 
The methods of serving process as set forth in article 3 of this chapter shall constitute sufficient service of process in all civil actions
and special proceedings, but they shall be alternative to, and not in restriction of different methods specifically provided by law. In any
method of serving process, substantial compliance therewith shall effect valid service of process if the court finds that,
notwithstanding some irregularity or omission, the party served was made aware that an action or proceeding was pending in a
specified court in which his or her person, status or property were subject to being affected.



 
 
 „
  
  
á A pleading shall state as a counterclaim any claim which at the time of serving the pleading the
pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's
claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction; but the
pleader need not state the claim if (1) at the time the action was commenced the claim was the subject of another pending action, or (2)
the opposing party brought suit upon such party's claim by attachment or other process by which the court did not acquire jurisdiction
to render a personal judgment on that claim, and the pleader is not stating any other counterclaim under this section.
a
 
  
á A pleading may state as a counterclaim any claim against an opposing party not arising out of the
transaction or occurrence that is the subject matter of the opposing party's claim.
„ 
  
 
  
  
á A counterclaim may or may not diminish or defeat the recovery sought by the opposing
party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.
º     
 
á When cross demands have existed between persons under such circumstances that, if one had
brought an action against the other, a counterclaim or cross-claim could have been set up, neither can be deprived of the benefit
thereof by the assignment or death of the other or by reason of the statute of limitations if arising out of the contract or transaction set
forth in the petition as the foundation of plaintiff's claim or connected with the subject of the action; but the two demands must be
deemed compensated so far as they equal each other.
„ 
  


    
 A claim which either matured or was acquired by the pleader after serving
the pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.
 Ñ
 
  
á When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or
when justice requires, the pleader may by leave of court set up the counterclaim by amendment.
„
     
  
  á In an action involving a claim governed by K.S.A. 60-258a and amendments thereto, a
party shall state as a cross-claim any claim that party has against any co-party arising out of the transaction or occurrence that is the
subject matter of the claim governed by K.S.A. 60-258a and amendments thereto.
!a
    
  
  á A pleading may state as a cross-claim any claim by one party against a co-party arising
out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any
property that is the subject matter of the original action. Such cross-claim may include a claim that the party against whom it is
asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.
 
  
 á Persons other than those made parties to the original action may be made parties to a counterclaim
or cross-claim in accordance with the provisions of K.S.A. 60-219 and 60-220, and amendments thereto.
"|     

á If the court orders separate trials as provided in K.S.A. 60-242 and amendments thereto
judgment on a counterclaim or cross-claim may be rendered in accordance with the terms of K.S.A. 60-254 and amendments thereto
when the judge has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of.
#! 

 
á When an action is filed in the district court pursuant to the code of civil procedure for limited
actions and such action is transferred as provided in K.S.A. 61-2910, and amendments thereto or such action is heard by a district
magistrate judge and is appealed and a trial
 will be held before a district judge, any counterclaim made compulsory by
subsection (a) shall be stated as an amendment to the pleading within 20 days after such filing or such other time as the court shall
allow. Other counterclaims and cross-claims shall be permitted as in an original action in the district court pursuant to this chapter.

$% 
&  
 

  The contributory negligence of any party in a civil action shall not bar such party or such party's legal representative from
recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if such party's negligence
was less than the causal negligence of the party or parties against whom claim for recovery is made, but the award of damages to any
party in such action shall be diminished in proportion to the amount of negligence attributed to such party. If any such party is
claiming damages for a decedent's wrongful death, the negligence of the decedent, if any, shall be imputed to such party.
 Where the comparative negligence of the parties in any such action is an issue, the jury shall return special verdicts, or in the
absence of a jury, the court shall make special findings, determining the percentage of negligence attributable to each of the parties,
and determining the total amount of damages sustained by each of the claimants, and the entry of judgment shall be made by the court.
No general verdict shall be returned by the jury.
 On motion of any party against whom a claim is asserted for negligence resulting in death, personal injury, property damage or
economic loss, any other person whose causal negligence is claimed to have contributed to such death, personal injury, property
damage or economic loss, shall be joined as an additional party to the action.
 Where the comparative negligence of the parties in any action is an issue and recovery is allowed against more than one party,
each such party shall be liable for that portion of the total dollar amount awarded as damages to any claimant in the proportion that the
amount of such party's causal negligence bears to the amount of the causal negligence attributed to all parties against whom such
recovery is allowed.
 The provisions of this section shall be applicable to actions pursuant to this chapter and to actions commenced pursuant to the
code of civil procedure for limited actions.

 
'


Upon the filing of the petition the clerk shall forthwith issue a summons for service upon each defendant in accordance with K.S.A.
60-303, and amendments thereto. Upon the written request of the plaintiff separate or additional summonses shall issue for any
defendant.

 
' 

The summons shall be signed by the clerk, dated the day it is issued, be under the seal of the court and shall be deemed sufficient if in
substantial compliance with the form set forth by the judicial council.

 (!  &

  Methods of service of process within this state, except service by publication as provided in K.S.A. 60-307, and amendments
thereto, are described in this section. Methods of out-of-state service of process are described in K.S.A. 60-308, and amendments
thereto.
K  á The sheriff of the county in which the action is filed shall serve any process by any method authorized by
this section, or as otherwise provided by law, unless a party, either personally or through an attorney, elects to undertake responsibility
for service and so notifies the clerk.
| 
 á
() Service of process by return receipt delivery shall include service effected by certified mail, priority mail, commercial
courier service, overnight delivery service, or other reliable personal delivery service to the party addressed, in each instance
evidenced by a written or electronic receipt showing to whom delivered, date of delivery, address where delivered, and person or
entity effecting delivery.
() The sheriff, party, or party's attorney shall cause a copy of the process and petition or other document to be placed in a
sealed envelope addressed to the person to be served in accordance with K.S.A. 60-304, and amendments thereto, with postage or
other delivery fees prepaid, and the sealed envelope placed in the custody of the person or entity effecting delivery.
() Service of process shall be considered obtained under K.S.A. 60-203, and amendments thereto, upon the delivery of the
sealed envelope.
() After service and return of the return receipt, the sheriff, party or party's attorney shall execute a return on service stating
the nature of the process, to whom delivered, the date of delivery, the address where delivered and the person or entity effecting
delivery. The original return of service shall be filed with the clerk, along with a copy of the return receipt evidencing such delivery.
($) If the sealed envelope is returned with an endorsement showing refusal to accept delivery, the sheriff, party or the party's
attorney may send a copy of the process and petition or other document by first-class mail addressed to the party to be served, or may
elect other methods of service. If mailed, service shall be considered obtained three days after the mailing by first-class mail, postage
prepaid, which shall be evidenced by a certificate of service filed with the clerk. If the unopened envelope sent first-class mail is
returned as undelivered for any reason, the sheriff, party or party's attorney shall file an amended certificate of service with the clerk
indicating nondelivery, and service by such mailing shall not be considered obtained. Mere failure to claim return receipt delivery is
not refusal of service within the meaning of this subsection.
a


 
() The party may file a written request with the clerk for personal or residence service. Personal service shall be made by
delivering or offering to deliver a copy of the process and accompanying documents to the person to be served. Residence service
shall be made by leaving a copy of the process and petition, or other document to be served, at the dwelling house or usual place of
abode of the person to be served with some person of suitable age and discretion residing therein. If service cannot be made upon an
individual, other than a minor or a disabled person, by personal or residence service, service may be made by leaving a copy of the
process and petition, or other document to be served, at the defendant's dwelling house or usual place of abode and mailing a notice
that such copy has been left at such house or place of abode to the individual by first-class mail.
() When process is to be served under this subsection, the clerk of the court shall deliver the process and sufficient copies
of the process and petition, or other document to be served, to the sheriff of the county where the process is to be served or, if
requested, to a person appointed to serve process or to the plaintiff's attorney.
() Service, levy and execution of all process under this subsection, including, but not limited to, writs of execution, orders
of attachment, replevin orders, orders for delivery, writs of restitution and writs of assistance, shall be made by a sheriff within the
sheriff's county, by the sheriff's deputy, by an attorney admitted to the practice of law before the supreme court of Kansas or by some
person appointed as a process server by a judge or clerk of the district court, except that a subpoena may also be served by any other
person who is not a party and is not less than 18 years of age. Process servers shall be appointed freely and may be authorized either to
serve process in a single case or in cases generally during a fixed period of time. A process server or an authorized attorney may make
the service anywhere in or out of the state and shall be allowed the fees prescribed in K.S.A. 28-110, and amendments thereto, for the
sheriff and such other fees and costs as the court shall allow. All persons authorized under this subsection to serve, levy and execute
process shall be considered an "officer" as used in K.S.A. 60-706 and 60-2401 and amendments thereto.
() In all cases when the person to be served, or an agent authorized by the person to accept service of process, refuses to
receive copies thereof, the offer of the duly authorized process server to deliver copies thereof, and the refusal, shall be a sufficient
service of the process.
! 


   
á An acknowledgment of service on the summons is equivalent to service. The voluntary
appearance by a defendant is equivalent to service as of the date of appearance.

  &
)! 

As used in this section, "serving" means making service by any of the methods described in K.S.A. 60-303, and amendments thereto,
unless a specific method of making service is prescribed in this section. Except for service by publication under K.S.A. 60-307, and
amendments thereto, service of process under this article shall be made as follows:
 h
 á Upon an individual other than a minor or a disabled person, by serving the individual or by serving an agent
authorized by appointment or by law to receive service of process, but if the agent is one designated by statute to receive service, such
further notice as the statute requires shall be given. Service by return receipt delivery shall be addressed to an individual at the
individual's dwelling house or usual place of abode and to an authorized agent at the agent's usual or designated address. If service by
return receipt delivery to the individual's dwelling house or usual place of abode is refused or unclaimed, the sheriff, party or party's
attorney seeking service may complete service by certified mail, restricted delivery, by serving the individual at a business address
after filing a return on service stating the return receipt delivery to the individual at such individual's dwelling house or usual place of
abode has been refused or unclaimed and a business address is known for such individual.
[
á Upon a minor, by serving the minor and also either the minor's guardian or conservator if the minor has one within the
state or the minor's father or mother or other person having the minor's care or control or with whom such minor resides, or if service
cannot be made upon any of them, then as provided by order of the judge. Service by return receipt delivery shall be addressed to an
individual at the individual's dwelling house or usual place of abode and to a corporate guardian or conservator at such guardian or
conservator's usual place of business.
Î 
á Upon a disabled person, as defined in K.S.A. 77-201, and amendments thereto, by serving (1) such person's
guardian, conservator or a competent adult member of such person's family with whom the person resides, or if such person is living
in an institution, then the director or chief executive officer of the institution or, if service cannot be made upon any of them, then as
provided by order of the judge, and (2) unless the judge otherwise orders, the disabled person. Service by return receipt delivery shall
be addressed to a director or chief executive officer of an institution at the institution, to any other individual at the individual's
dwelling house or usual place of abode, and to a corporate guardian or conservator at such guardian or conservator's usual place of
business.
å 


  á
(1) Upon a county, by serving one of the county commissioners or the county clerk or the county treasurer;
(2) upon a township, by serving the clerk or the trustee;
(3) upon a city, by serving the clerk or the mayor;
(4) upon any other public corporation, body politic, district or authority by serving the clerk or secretary or, if not to be
found, to any officer, director or manager thereof; and
 (5) upon the state or any governmental agency of the state, when subject to suit, by serving the attorney general or an
assistant attorney general. Service by return receipt delivery shall be addressed to the appropriate official at the official's
governmental office. Income withholding orders for support and orders of garnishment of earnings of state officers and
employees shall be served upon the state or governmental agency of the state in the manner provided by K.S.A. 60-723 and
amendments thereto.
„   

   

 


   

 

   


  

 
á
Upon a domestic or foreign corporation, domestic or foreign limited liability company, domestic or foreign limited partnership,
domestic or foreign limited liability partnership or upon a partnership or other unincorporated association, when by law it may be sued
as such,
 by serving an officer, manager, partner or a resident, managing or general agent, or
 by leaving a copy of the summons and petition at any business office of the defendant with the person having charge
thereof, or
 by serving any agent authorized by appointment or required by law to receive service of process, and if the agent is one
authorized by law to receive service and the law so requires, by also mailing a copy to the defendant. Service by return
receipt delivery on an officer, partner or agent shall be addressed to such person at the person's usual place of business.
 „   

 


 
 
  

 
á Whenever any
domestic corporation, domestic limited liability company, domestic limited partnership, or any foreign corporation, foreign limited
liability company, or foreign limited partnership authorized to transact business or transacting business without authority in this state,
fails to appoint or maintain in this state a resident agent upon whom service of legal process or service of any such notice or demand
may be had, whenever the resident agent of such corporation, limited liability company or limited partnership cannot with reasonable
diligence be found at the registered office in this state, the secretary of state shall be irrevocably authorized as the agent and
representative of the corporation, limited liability company or limited partnership to accept service of any process or service of any
notice or demand required or permitted by law to be served upon the corporation, limited liability company or limited partnership.
Service on the secretary of state of any process, notice or demand against the corporation, limited liability company or limited
partnership shall be made by delivering to the secretary of state by personal service or by return receipt delivery, the original and two
copies of the process and two copies of the petition, notice or demand, or the clerk of the court may send the original process and two
copies of both the process and the petition, notice or demand directly to the secretary of state by return receipt delivery. In the event
that any process, notice or demand is served on the secretary of state, the secretary shall immediately cause a copy of such process,
notice or demand to be forwarded by return receipt delivery, addressed to the corporation, limited liability company or limited
partnership at its principal office as it appears in the records of the secretary of state, or to the registered or principal office of the
corporation, limited liability company or limited partnership in the state of its incorporation or formation. The secretary of state shall
keep a record of all processes, notices and demands served upon the secretary under this subsection, and shall record in the record the
time of the service and the action of the secretary with reference to it. A fee of $40 shall be paid to the secretary of state by the party
requesting the service of process, to cover the cost of such service of process, except the secretary of state may waive the fee for state
agencies. That fee shall not be included within or paid from any deposit as security for any costs or docket fee required by K.S.A. 60-
2001 or 61-4001, and amendments thereto.
h



    
á Service of summons or other process may also be made on any insurance company or
association, organized under the laws of the state of Kansas by service on the commissioner of insurance in the same manner as that
provided for service on foreign insurance companies. All the requirements of law relating to service on foreign insurance companies
so far as applicable shall also apply to domestic insurance companies.
!| 


 If the plaintiff or the plaintiff's agent or attorney files an affidavit that to the best of the affiant's
knowledge and belief the defendant is a nonresident who is employed in this state, or that the place of residence of the defendant is
unknown, the affiant may direct that the service of summons or other process be made by the sheriff or other duly authorized person
by directing an officer, partner, managing or general agent, or the person having charge of the office or place of employment at which
the defendant is employed, to make the defendant available for the purpose of permitting the sheriff or other duly authorized person to
serve the summons or other process.

* &  


 K

á Service may be made by publication in any of the following cases:
 In actions to obtain a divorce, maintenance or an annulment of the contract of marriage if the defendant resides out of the
state or if the party with due diligence is unable to make service of summons upon the defendant within the state.
 In actions brought against a person who is a nonresident of the state or a foreign corporation having in this state property
or debts owing to the person sought to be taken by any of provisional remedies or to be appropriated in any way.
 In actions which relate to or the subject of which is real or personal property in this state, if any defendant has or claims
a lien or interest, vested or contingent, in the property, or the relief demanded consists wholly or partly in excluding the
defendant from any interest in the property, or in actions for partition or for foreclosure of a lien, if the defendant is a
nonresident of the state or a foreign corporation or if the party with due diligence is unable to make service of summons upon
the defendant within the state.
  In all actions in which the defendant, being a resident of this state, has departed from this state or from the county of the
defendant's residence, with the intent to delay or defraud creditors or to avoid the service of a summons, or hides in the state
or county with that intent, or in an action against a domestic corporation which has not been legally dissolved, if the officers
thereof have departed from the state or cannot be found.
$ In any of the actions mentioned in this subsection, publication service may be had on any of the following who are made
defendants as such: The unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any deceased
defendants; the unknown spouses of any defendants; the unknown officers, successors, trustees, creditors and assigns of any
defendants that are existing, dissolved or dormant corporations; the unknown executors, administrators, devisees, trustees,
creditors, successors and assigns of any defendants that are or were partners or in partnership; the unknown guardians,
conservators and trustees of any defendants that are minors or are under any legal disability; and the unknown heirs,
executors, administrators, devisees, trustees, creditors and assigns of any person alleged to be deceased.
„
 

  á The process provisions of this section shall be construed as separate and permissive methods of
obtaining service. If the defendant served in accordance with this section does not appear, judgment may be rendered affecting the
property, 
 or status within the jurisdiction of the court as to the defendant, but the service shall not warrant a personal judgment
against the defendant.
!     
á Before service by publication as provided in this section can be made, one of the parties or
the party's attorney shall file an affidavit stating any of the following facts that are applicable:
 The residences of all named defendants sought to be served, if known, and the names of all defendants whose residences
are unknown after reasonable effort to ascertain the same.
 The affiant has made a reasonable but unsuccessful effort to ascertain the names and residences of any defendants sought
to be served as unknown parties in accordance with subsection (a)(5).
 The party seeking service by publication is unable to procure service of summons on the defendants in this state.
  The case is one of those mentioned in clauses (1) through (4) of subsection (a).
The affidavit shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
When the affidavit is filed, service may proceed by publication.
a 
 
 
  
  
 The notice shall be published once a week for three consecutive
weeks in some newspaper published in the county where the petition is filed and which newspaper is authorized by law to publish
legal notices. If there is no newspaper published in the county, the notice may be published in a newspaper having general circulation
in the county. The notice must name the defendants to be served and notify them and all other persons who are or may be concerned
that the defendants have been sued in a named court and must answer or plead otherwise to the petition, or other pleading, filed in the
court, on or before a date to be stated, which date shall be not less than 41 days from the date the notice is first published, or the
petition or other pleading filed will be taken as true, and judgment, the nature of which shall be stated, will be rendered accordingly.
The notice shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
Where the action affects property, the notice need not expressly describe the property, unless the description is otherwise required
by law, but the property may be identified by reference to the pleading.
[ 
  
 á The party seeking to secure service by publication shall, within seven days after the first publication, mail
a copy of the publication notice to each defendant whose address is stated in the affidavit for service by publication.
 K
 
á Service by publication shall be deemed complete when it has been made in the manner and for the time
prescribed in subsections (d) and (e), and the service shall be proved. No judgment by default shall be entered on the service until
proof of service is made, approved by the court and filed.
%  
 a 
  
  Service of process may be made upon any party outside the state. If upon a person domiciled in this state or upon a
person who has submitted to the jurisdiction of the courts of this state, such service shall provide personal jurisdiction over that
party; otherwise it shall provide in rem jurisdiction over specifically identified property that party may have in the state.
  The service of process shall be made (A) in the same manner as service within this state, by any officer
authorized to make service of process in this state or in the state where the defendant is served or (B) by sending a copy
of the process and of the petition or other document to the person to be served in the manner provided in subsection (d). No
order of a court is required. An affidavit, or any other competent proofs, of the server shall be filed stating the time, manner and
place of service. The court may consider the affidavit, or any other competent proofs, in determining whether service has
been properly made.
  No default shall be entered until the expiration of at least 30 days after service. A default judgment rendered on
service outside this state may be set aside only on a showing which would be timely and sufficient to set aside a default judgment
under subsection (b) of K.S.A. 60-260, and amendments thereto.
|

  
á
   Any person, whether or not a citizen or resident of this state, who in person or through an agent or
instrumentality does any of the acts hereinafter enumerated, thereby submits the person and, if an individual, the
individual's personal representative, to the jurisdiction of the courts of this state as to any cause of action
arising from the doing of any of these acts:
+ Transaction of any business within this state;
 , commission of a tortious act within this state;

 ownership, use or possession of any real estate situated in this state;
- contracting to insure any person, property or risk located within this state at the time of
contracting;
. entering into an express or implied contract, by mail or otherwise, with a resident of this
state to be performed in whole or in part by either party in this state;
   / acting within this state as director, manager, trustee or other officer of any corporation
organized under the laws of or having a place of business within this state or acting as executor
or administrator of any estate within this state;
   0 causing to persons or property within this state any injury arising out of an act or omission
outside of this state by the defendant if, at the time of the injury either (i) the defendant was
engaged in solicitation or service activities within this state; or (ii) products, materials or things
processed, serviced or manufactured by the defendant anywhere were used or consumed within this state
in the ordinary course of trade or use;
   1 living in the marital relationship within the state notwithstanding subsequent departure from
the state, as to all obligations arising for maintenance, child support or property settlement
under article 16 of this chapter, if the other party to the marital relationship continues to reside in the
state;
   2 serving as the insurer of any person at the time of any act by the person which is the subject
of an action in a court of competent jurisdiction within the state of Kansas which results in
judgment being taken against the person;
   3 performing an act of sexual intercourse within the state, as to an action against a person
seeking to adjudge the person to be a parent of a child and as to an action to require the person
to provide support for a child as provided by law, if (i) the conception of the child results from the act and
(ii) the other party to the act or the child continues to reside in the state; or
   c entering into an express or implied arrangement, whether by contract, tariff or otherwise,
with a corporation or partnership, either general or limited, residing or doing business in this
state under which such corporation or partnership has supplied transportation services, or communication
services or equipment, including, without limitation, telephonic communication services, for a business
or commercial user where the services supplied to such user are managed, operated or monitored
within the state of Kansas, provided that such person is put on reasonable notice that arranging or
continuing such transportation services or telecommunication services may result in the
extension of jurisdiction pursuant to this section.
() A person may be considered to have submitted to the jurisdiction of the courts of this state for a cause of action
which did not arise in this state if substantial, continuous and systematic contact with this state is established that
would support jurisdiction consistent with the constitutions of the United States and of this state.
 Nothing contained in this section limits or affects the right to serve any process in any other manner provided by law,
including, but not limited to, K.S.A. 17-7301, 17-7307, 40-218 and 50-631, and amendments thereto.
| 
 
() Service of any out-of-state process by return receipt delivery shall include service effected by certified mail,
priority mail, commercial courier service, overnight delivery service, or other reliable personal delivery service to the
party addressed, in each instance evidenced by a written or electronic receipt showing to whom delivered, date of delivery,
address where delivered, and person or entity effecting delivery.
 The party or party's attorney shall cause a copy of the process and petition or other document to be placed in a
sealed envelope addressed to the person to be served in accordance with K.S.A. 60-304, and amendments thereto, with postage or
other delivery fees prepaid, and the sealed envelope placed in the custody of the person or entity effecting delivery.
 Service of process shall be considered obtained under K.S.A. 60-203, and amendments thereto, upon the
delivery of the sealed envelope.
After service and return of the return receipt, the party or party's attorney shall execute a return on service stating
the nature of the process, to whom delivered, the date, the address where delivered and the person or entity effecting delivery.
The original return of service shall be filed with the clerk, along with a copy of the return receipt evidencing such delivery.
$ If the sealed envelope is returned with an endorsement showing refusal to accept delivery, the party or the party's
attorney may send a copy of the process and petition or other document by first-class mail addressed to the party to be served, or
may elect other methods of service. If mailed, service shall be considered obtained three days after the mailing by first-class
mail, postage prepaid, which shall be evidenced by a certificate of service filed with the clerk. If the unopened envelope sent
first-class mail is returned as undelivered for any reason, the party or party's attorney shall file an amended certificate of service
with the clerk indicating nondelivery, and service by such mailing shall not be considered obtained. Mere failure to claim return
receipt delivery is not refusal of service within the meaning of this subsection.

 )!
&   



 |
á Where the action is against two or more defendants, and one or more shall have been served, but not all of them, the
plaintiff may proceed as follows:
 ë á If the action be against defendants jointly indebted upon contract, the plaintiff may proceed against the defendants served,
unless the court otherwise direct; and if he or she recover judgment it may be entered against all the defendants thus jointly
indebted so far only as that it may be enforced against the joint property of all, and the separate property of the defendants served.

 á If the action be against defendants severally liable, the plaintiff may, without prejudice to his or her rights against those
not served, proceed against the defendants served in the same manner as if they were the only defendants.
|
á Nothing in this section shall be so construed as to make a judgment against one or more defendants jointly or severally
liable a bar to another action against those not served.

 4!& 

All process issued for service from any court within the state may be served anywhere within the territorial limits of the state and,
when authorized by law, may be served outside this state.

   

Proof of service shall be made as follows:
 a


 
 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.
 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.
| 
 á 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.
a 
 á 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.
4
 
á 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.

 +

 


At any time in his or her discretion and upon such terms as he or she deems just, the judge may allow any process, return or proof of
service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party
against whom the process issued.

 (!  &56789

  Methods of service of process within this state, except service by publication, are described in this section. Service of process
outside the state shall be made in substantial compliance with the applicable provisions of K.S.A. 60-308, and amendments thereto.
 Who serves process. The sheriff of the county in which the action is filed shall serve any process by any method authorized by
this section, or as otherwise provided by law, unless a party, either personally or through an attorney, elects to undertake responsibility
for service and so notifies the clerk.
 Service by return receipt delivery.
  Service of process by return receipt delivery shall include service effected by certified mail, priority mail,
commercial courier service, overnight delivery service, or other reliable personal delivery service to the party
addressed, in each instance evidenced by a written or electronic receipt showing to whom delivered, date of delivery,
address where delivered, and person or entity effecting delivery.
  The sheriff, party or party's attorney shall cause a copy of the process and petition or other document to be placed
in a sealed envelope addressed to the person to be served in accordance with K.S.A. 61-3004, and amendments thereto, with postage
or other delivery fees prepaid, and the sealed envelope placed in the custody of the person or entity effecting delivery.
  Service of process shall be considered obtained under K.S.A. 61-2902, and amendments thereto, upon the delivery
of the sealed envelope.
  After service and return of the receipt, the sheriff, party, or party's attorney shall execute a return on service stating
the nature of the process, to whom delivered, the date of delivery, the address where delivered, and the person or entity effecting
delivery. The original return of service shall be filed with the clerk, along with a copy of the return receipt evidencing such delivery.
 $ If the sealed envelope is returned with an endorsement showing refusal to accept delivery, the sheriff, party or the
party's attorney may send a copy of the process and petition or other document by first-class mail addressed to the party to be served,
or may elect other methods of service. If mailed, service shall be considered obtained three days after the mailing by first-class
mail, postage prepaid, which shall be evidenced by a certificate of service filed with the clerk. If the unopened envelope sent
first-class mail is returned as undelivered for any reason, the sheriff, party or party's attorney shall file an amended certificate of
service with the clerk indicating nondelivery, and service by such mailing shall not be considered obtained. Mere failure to claim
return receipt delivery is not refusal of service within the meaning of this subsection.




  The party may file a written request with the clerk for personal or residence service. Personal service shall be made by
delivering or offering to deliver a copy of the process and accompanying documents to the person to be served. Residence service
shall be made by leaving a copy of the process and petition, or other document to be served, at the dwelling house or usual place
of abode of the person to be served with some person of suitable age and discretion residing therein. If service cannot be made
upon an individual, other than a minor or a disabled person, by personal or residence service, service may be made by leaving a copy
of the process and petition, or other document to be served, at the defendant's dwelling house or usual place of abode and
mailing a notice that such copy has been left at such house or place of abode to the individual by first-class mail.
  When process is to be served under this subsection, the clerk of the court shall deliver the process and sufficient copies
of the process and petition, or other document to be served, to the sheriff of the county where the process is to be served or, if
requested, to a person appointed to serve process or to the plaintiff's attorney.
  Service, levy and execution of all process under this subsection, including, but not limited to, writs of execution, orders
of attachment, replevin orders, orders for delivery, writs of restitution and writs of assistance, shall be made by a sheriff within
the sheriff's county, by the sheriff's deputy, by an attorney admitted to the practice of law before the supreme court of Kansas or
by some person appointed as a process server by a judge or clerk of the district court, except that a subpoena may also be served
by any other person who is not a party and is not less than 18 years of age. Process servers shall be appointed freely and may be
authorized either to serve process in a single case or in cases generally during a fixed period of time. A process server or an
authorized attorney may make the service anywhere in or out of the state and shall be allowed the fees prescribed in
K.S.A. 28-110, and amendments thereto, for the sheriff and such other fees and costs as the court shall allow. All persons authorized
under this subsection to serve, levy and execute process shall be considered an "officer" as used in K.S.A. 60-706 and 60-2401,
and amendments thereto.
  In all cases when the person to be served, or an agent authorized by the person to accept service of process, refuses
to receive copies thereof, the offer of the duly authorized process server to deliver copies thereof, and the refusal, shall be a
sufficient service of the process.
 Publication service. Service of process by publication may be made pursuant to the provisions of K.S.A. 60-307, and amendments
thereto, which are not inconsistent or in conflict with this act.
  Acknowledgment or appearance. An acknowledgment of service on the summons is equivalent to service. The voluntary
appearance by a defendant is equivalent to service as of the date of appearance.
 In addition to other methods listed in this section, the person serving process may serve a garnishment process in any of the
following methods:
  First class mail. Process may be sent to a person by first-class mail by placing a copy of the process and petition
or other document to be served in an envelope addressed to the person to be served in accordance with K.S.A. 61-3004, and
amendments thereto, at such person's last known address. The envelope used for such service shall be addressed to the person in
accordance with K.S.A. 61-3004, and amendments thereto, and shall contain adequate postage. Such envelope shall be sealed and
placed in the United States mail. Service by first- class mail shall be complete when the envelope is placed in the mail unless
returned undelivered. Service shall be considered obtained upon the mailing by first-class mail unless returned undelivered.
  Telefacsimile communication. Process may be sent to a person by telefacsimile communication at a telefacsimile
number designated by the garnishee. Service is complete upon receipt of a confirmation generated by the transmitting machine.
  Internet electronic mail. Process may be sent to a person by internet electronic mail at an internet electronic mail
address designated by the garnishee and as provided in the rules to be adopted hereunder by the supreme court. Service is complete
upon receipt of a reply generated by the garnishee.