Kansas Statutes 61-3004. Service of process; time limits; on whom service made
Terms Used In Kansas Statutes 61-3004
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Disabled person: includes incapacitated persons and incompetent persons as defined herein. See Kansas Statutes 77-201
- Minor: means any person defined by Kan. See Kansas Statutes 77-201
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Statute: A law passed by a legislature.
- Summons: Another word for subpoena used by the criminal justice system.
- usual place of abode: when applied to the service of any process or notice, means the place usually occupied by a person. See Kansas Statutes 77-201
(a) Service shall be made promptly and, in any event, in time to make a timely return of service as required by Kan. Stat. Ann. § 61-3005, and amendments thereto.
(b) If the defendant is a nonresident who is employed in this state, or if the place of residence of the defendant is unknown, the plaintiff may direct that the service of summons or other process shall be made 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 summons or other process to be served on the defendant at the defendant’s place of employment.
(c) As used in this section, “serving” means making service by any of the methods described in Kan. Stat. Ann. § 61-3003, and amendments thereto, unless a specific method of making service is prescribed in this section. Except for service by publication, service of process shall be made as follows:
(1) Service upon an individual other than a minor or disabled person shall be made 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 certified mail or first-class mail 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.
(2) Service upon a minor, disabled person as defined by Kan. Stat. Ann. § 77-201, and amendments thereto, foreign or domestic corporations, partnerships, insurance companies or associations shall be made in accordance with the applicable provisions of Kan. Stat. Ann. § 60-304, and amendments thereto.
(3) Service upon a governmental entity shall be made in accordance with the applicable provisions of Kan. Stat. Ann. § 60-304, and amendments thereto.