60-203. Commencement of action. - Kansas Statutes

60-203

Chapter 60.--PROCEDURE, CIVIL Article 2.--RULES OF CIVIL PROCEDURE

      60-203.   Commencement of action.(a) A civil action is commenced at the time of: (1) Filing a petition withthe clerk of the court, if service of process is obtained or the firstpublication is made for service by publication within 90 days after thepetition is filed, except that the court may extend that time an additional 30days upon a showing of good cause by the plaintiff; or (2) service of processor first publication, if service of process or first publication is not madewithin the time specified by provision (1).

      (b)   If service of process or first publication purports to have been madebut is later adjudicated to have been invalid due to any irregularity in formor procedure or any defect in making service, the action shall nevertheless bedeemed to have been commenced at the applicable time under subsection (a) ifvalid service is obtained or first publication is made within 90 days afterthat adjudication, except that the court may extend that time an additional 30days upon a showing of good cause by the plaintiff.

      (c)   The filing of an entry of appearance shall have the same effect asservice. Written contact with the court by a defendant or an attorney for adefendant evoking the protection for such defendant under theservicemembers civil relief act shall not be deemed anentry of appearance by thecourt.

      (d)   As used in this section, filing a petition with the clerk of the courtshall include receipt by the clerk of a petition by telefacsimilecommunication complying with supreme court rules.

      History:   L. 1963, ch. 303, § 60-203;L. 1983, ch. 193, § 1;L. 1990, ch. 202, § 1;L. 1991, ch. 169, § 1;L. 1992, ch. 128, § 12;L. 2005, ch. 45, § 4; July 1.