Kansas Service of Process Rules
Kansas
State Serve Rules
Affidavit
Notary
Required
Refusal service
Yes, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Guardian or adult family member (where resides) or director (if institutionalized) or incapacitated individual if service cannot be made otherwise
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Facility-specific policy
Service to a minor
minor ind + parent or guardian
Proof Specialists
Mirrors Fed Rules
No
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
Yes (after DD) see 60-304(a)
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Permissible (after Due Diligence)
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
Suitable age and discretion
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
No (subpoenas and other compulsory process shall be issued and served in the same manner and the disobedience thereof punished the same as in civil cases)
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - TM
Service by certified mail receipt is also acceptable.
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
No
Mail SLA
Same day
Posting Rules
Due Diligence Prior to Posting
Not Required
Posting
Permissible
Eviction Posting Rules
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
Yes
Mail always?
Yes
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**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....unless a party, either personally or through an attorney, elects to undertake the responsibility for service and so notifies the clerk.
**Personal Service, Individuals.** Personal and Residence Service. (1) The party may file a written request with the clerk for personal or residence service. Personal service shall be made by delivering a copy of the process … to the person to be served.
**Substituted.** Residence service shall be made by leaving a copy of the process … 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...by personal or residence service, service may be made by leaving a copy of the process...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 … shall deliver the process to the sheriff of the county where the process is to be served or, if requested, to a person appointed to serve process…
**Refusal.** In all cases when the person to be served ... 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.
**Corporations.** By serving an officer, manager, partner or a resident, managing or general agent; leaving a copy of the summons and petition or other document at any of its business offices with the person having charge thereof; or serving any agent authorized by appointment or by law to receive service of process, and if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant. Service by return receipt delivery on an officer, partner or agent must be addressed to the person at the person's usual place of business.
**Special Rules.** Special rules are prescribed for the following circumstances and the Server should consult with their Territory Manager for more details: 1) service upon infants and incompetents…and 2) service upon state, agencies…
**Return of Service.** If service of process is 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.
