60-312. Proof of service. - Kansas Statutes

60-312

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

      60-312.   Proof of service.Proof of service shall bemade as follows:

      (a)   Personal and residence service. (1) Every officer to whomsummons or other processshall be delivered for service within or without the state, shall make astatement subject to penalty of perjury asprovided in K.S.A. 21-3805 and amendments thereto as to the time, place andmanner ofservice of suchwrit.

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

      (b)   Service by return receiptdelivery. Service by return receipt delivery shallbe proven in the manner provided by subsection(c) of K.S.A. 60-303 or subsection (e) of K.S.A. 60-308, andamendmentsthereto.

      (c)   Publication service. Service by publication shall be proven byan affidavit showing the dates upon which and the newspaper in which thenotice of publication was published. A copy of the notice shall be attachedto the affidavit which shall be filed in the cause. When mailing of copiesof the publication notice is required in accordance withsubsection (e) of K.S.A. 60-307 and amendments thereto, theproof of such mailing shall be by affidavit of the person who mailedsuch copies and such affidavit shall be filed with the clerk of the courtin which the action has been filed. If such mailing was bycertified 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 summonsor other process shall make a return of service promptly and in any eventwithin 10 days after the service is effected. If the process cannotbe served it shall be returned to the court within 30 days afterthe date of issue with a statement of the reason for the failure to servethe same, except the time for service thereof may be extended up to 90days from the date of issue by order of the court orjudge of the courtto which it is returnable. Immediately upon receipt of the return upon anysummons or other process by the clerk of the court issuing the same, suchclerk shall mail a copy of such return to the attorney for the party requestingthe issuance of such summons or other process or, if such party has noattorney, 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.