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60-205. Service and filing of pleadings and other papers. (a) Service; when required.

(1) In general. Except as otherwise provided in this chapter, each of the following papers must be served on every party:

(A) An order stating that service is required;

(B) a pleading filed after the original petition, unless the court orders otherwise under subsection (c) because there are numerous defendants;

(C) a discovery paper required to be served on a party, unless the court orders otherwise;

(D) a written motion, except one that may be heard ex parte; and

(E) a written notice, appearance, demand, offer of judgment or any similar paper.

(2) If a party fails to appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party in the manner provided for service of summons in article 3 of chapter 60 of the Kansas Statutes Annotated.

(b) Service; how made.

(1) Serving an attorney. If a party is represented by an attorney, service under this section must be made on the attorney unless the court orders service on the party.

(2) Service in general. A paper is served under this section by:

(A) Handing it to the person;

(B) leaving it:

(i) At the person's office with a clerk or other person in charge, or, if no one is in charge, in a conspicuous place in the office; or

(ii) if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there;

(C) mailing it to the person's last known address, in which event service is complete upon mailing;

(D) leaving it with the court clerk if the person has no known address;

(E) sending it by telefacsimile communication, in which event service is complete upon receipt of a confirmation generated by the transmitting machine; or

(F) serving it by electronic means when authorized by supreme court rule or a local rule.

(c) Serving numerous defendants.

(1) In general. If an action involves an unusually large number of defendants, the court may on motion, or on its own, order that:

(A) Defendants' pleadings and replies to them need not be served on other defendants;

(B) any crossclaim, counterclaim, avoidance or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and

(C) filing any such pleading and serving it on the plaintiff constitutes notice of the pleading to all parties.

(2) Notifying parties. A copy of every order must be served on the parties as the court directs.

(d) Filing. (1) Required filings; certificate of service. Any paper after the petition that is required to be served, together with a certificate of service, must be filed within a reasonable time after service. Only a certificate of service must be filed for expert disclosures under K.S.A. 60-226, and amendments thereto, and the following discovery requests and responses, which must not be filed until they are used in the proceeding or the court orders filing:

(A) Depositions other than those taken under K.S.A. 60-227, and amendments thereto;

(B) interrogatories;

(C) requests for documents or tangible things, or to permit entry onto land; and

(D) requests for admission.

(2) How filing is made; in general. A paper is filed by delivering it:

(A) To the clerk; or

(B) to a judge who agrees to accept it for filing, and who must then note the filing date and the time on the paper and promptly send it to the clerk.

(3) Electronic filing, signing or verification. In accordance with K.S.A. 60-271, and amendments thereto, and supreme court rules, pleadings and other papers may be filed, signed or verified by electronic means.

(e) Section not exclusive. The methods of serving and filing pleadings and other papers provided in this section constitute sufficient service and filing, but they are alternatives to and do not restrict different methods specifically provided by law.

History: L. 1963, ch. 303, 60-205; amended by Supreme Court order dated July 20, 1972; amended by Supreme Court order dated July 28, 1976; L. 1987, ch. 218, § 1; L. 1992, ch. 128, § 13; L. 1997, ch. 173, § 2; L. 2002, ch. 198, § 18; L. 2010, ch. 135, § 72; July 1.

Source or prior law:

G.S. 1868, ch. 80, §§ 534 through 537; L. 1909, ch. 182, §§ 558 through 561; R.S. 1923, 60-722 through 60-725.

Cross References to Related Sections:

Appeals, see 60-2103.

Defenses and objections, see 60-212.

Dismissal of actions, see 60-241.

Right of trial by jury, see 60-238.

Subpoena, see 60-245.

Summary judgment, see 60-256.

Summons, issuance, see 60-301.

Service of notice of appeal in limited actions, see 61-3902.

Law Review and Bar Journal References:

"Bringing the Nonresident Judgment Debtor Back to Kansas," Wes Sechtem and Brian Niceswanger, 59 J.K.B.A. No. 9, 25, 28 (1990).

"The Fork in the Road: A Practitioner's Guide to the 1997 Changes in the Code of Civil Procedure," J. Nick Badgerow, 66 J.K.B.A. No. 5, 32 (1997).

"On the Admissibility of Expert Testimony in Kansas," Mark D. Hinderks and Steve Leben, 66 J.K.B.A. No. 9, 24 (1997).

"2002 Legislative Wrap-Up," Paul T. Davis, 71 J.K.B.A. No. 7, 15 (2002).

"ESI Comes to the K.S.A.: Kansas Adopts Federal Civil Procedure Rules on Electronic Discovery," J. Nick Badgerow, 77 J.K.B.A. No. 7, 30 (2008).

"Kansas Judicial Council Report: Proposed Amendments to Time-Computation Methods in K.S.A. 60-206," Nancy J. Strouse, 78 J.K.B.A. No. 10, 20 (2009).

"New Title Standards Questions Answered," Standards for Title Examination Committee, 78 J.K.B.A. No. 10, 22 (2009).

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-722 to 60-725 and the 1961 Supp. thereto.

1. In garnishment proceedings, federal court Rule 69 (a) controlled rather than Kansas Code. Rumsey v. George E. Failing Company, 333 F.2d 960, 961, 962.

2. Subsection (b) considered in applying extension of time under K.S.A. 60-206 (e) to Rule No. 6 (p). State v. Nelson, 208 K. 404, 405.

3. Subsection (e) noted; 22-3609 (2) construed to require written notice of criminal appeal from municipal court. City of Overland Park v. Nikias, 209 K. 643, 647, 498 P.2d 56.

4. Question whether defendant counsel entitled to notice of default judgment raised but not determined. Goldsberry v. Lewis, 220 K. 69, 71, 551 P.2d 862.

5. Section applied; service of process sufficient under 82a-724. Frontier Ditch Co. v. Chief Engineer of Water Resources, 1 K.A.2d 186, 188, 189, 563 P.2d 509.

6. Referred to in determining appeal not filed within time prescribed by 60-2103; dismissal ordered. Kittle v. Owen, 1 K.A.2d 748, 749, 573 P.2d 1115.

7. Party attempting to revive action under 60-225 subject to provisions of nonclaim statute; personal service requirement. Gatewood v. Bosch, 2 K.A.2d 474, 476, 581 P.2d 1198.

8. Subsection (b) cited; notice required hereunder need not be given to counsel who has been dismissed by plaintiff; court order of service of notice on plaintiff proper. Alexander v. State Dept. of Social & Rehab. Serv., 4 K.A.2d 57, 58, 59, 602 P.2d 544.

9. Mentioned; notice of hearing served on attorney of record is sufficient under facts of case. Krumme v. Krumme, 6 K.A.2d 939, 943, 636 P.2d 814 (1981).

10. Section governs service of motion to intervene. Wilson & Walker v. State, 230 K. 49, 55, 56, 630 P.2d 1102 (1981).

11. Considered in construing 21-4603 as permitting district court to retain jurisdiction and act on timely motion for probation or sentence reduction after 120-day period. State ex rel. Owens v. Hodge, 230 K. 804, 808, 641 P.2d 399 (1982).

12. Severance of parental rights invalid for lack of adequate notice and because relief granted by default was not requested in pleadings. Sweetser v. Sweetser, 7 K.A.2d 463, 465, 643 P.2d 1150 (1982).

13. Cited by dissent on question of timely appeal from school board decision not to renew teacher contract. Atkinson v. U.S.D. No. 383, 9 K.A.2d 175, 180, 675 P.2d 917 (1984).

14. Section does not apply to service under 20-1204 (contempt). Pork Motel, Corp. v. Kansas Dept. of Health & Environment, 234 K. 374, 389, 390, 673 P.2d 1126 (1983).

15. Service only on department of revenue sufficient on appeal of driver's license suspension (8-259). In re Gantz, 10 K.A.2d 299, 302, 698 P.2d 385 (1985).

16. Subsection (e) does not include leaving papers with judge's spouse, secretary or bailiff or in car, home or office. Tobin Constr. Co. v. Kemp, 239 K. 430, 437, 721 P.2d 278 (1986).

17. No abuse of discretion in denying intervention in open meetings case (75-4317 et seq.) when attorney general did not follow statutory procedure. Memorial Hospital Ass'n, Inc. v. Knutson, 239 K. 663, 666, 722 P.2d 1093 (1986).

18. Cited in holding that 60-225 does not authorize ex parte motions for substitutions. Army Nat'l Bank v. Equity Developers, Inc., 245 K. 3, 9, 774 P.2d 919 (1989).

19. Chapter 59 as containing no procedures for notice of contested guardian ad litem fees noted; rules in civil cases apply. In re Guardianship of K.M.W., 13 K.A.2d 640, 645, 777 P.2d 1274 (1989).

20. Defendant's constitutional right to procedural due process as subject to forfeiture for failure to answer timely examined. Bazine State Bank v. Pawnee Prod. Serv., Inc., 245 K. 490, 496, 781 P.2d 1077 (1989).

21. Whether city attorney and municipal court actually receive notice of appeal as immaterial in perfection of appeal determined. City of Dodge City v. Rabe, 14 K.A.2d 468, 474, 794 P.2d 301 (1990).

22. Public policy is legislature's recognition of party's right to bargained-for interest rate until paid in full. Carnes v. Meadowbrook Executive Bldg. Corp., 17 K.A.2d 292, 301, 836 P.2d 1212 (1992).

23. Cited in holding that procedure set forth in 60-3703 regarding claim for punitive damages is a requirement for allowing motion. Sullwood v. Barcus, 17 K.A.2d 410, 414, 838 P.2d 908 (1992).

24. Whether state timely filed written notice of intention to seek mandatory 40-year sentence examined. State v. Johnson, 255 K. 140, 154, 871 P.2d 1246 (1994).

25. Whether sentence must be vacated because prosecution failed to properly file notice with trial judge examined. State v. Peckham, 255 K. 310, 316, 318, 875 P.2d 257 (1994).

26. Attempted personal and mail service at address not occupied by party does not constitute effective service. Grimmett v. Burke, 21 K.A.2d 638, 643, 905 P.2d 156 (1995).

27. Defendant's hard-40 sentence vacated where state filed notice of intent day after arraignment. State v. Collier, 259 K. 346, 364, 913 P.2d 597 (1996).

28. Failure of judge to write date and time on hard-40 notice does not invalidate notice. State v. Williams, 259 K. 432, 443, 913 P.2d 587 (1996).

29. Judge's failure to note the date on notice of intent to seek hard-40 sentence is not fatal. State v. Harris, 259 K. 689, 709, 915 P.2d 758 (1996).

30. Court's failure to timely comply with subsection (e) does not invalidate otherwise proper notice of intent to seek hard-40 sentence. State v. Copridge, 260 K. 19, 28, 918 P.2d 1247 (1996).

31. Service of hard-40 notice on defendant's attorney constitutes proper service. State v. Clemons, 261 K. 66, 71, 73, 929 P.2d 749 (1996).

32. 60-206(a) computation method applies to 10-day limit for requesting workers compensation board to review ALJ decision. McIntyre v. A.L. Abercrombie, Inc., 23 K.A.2d 204, 205, 929 P.2d 1386 (1996).

33. Failure by prosecution to timely file intent to seek hard 40 sentence constituted statutory noncompliance; sentence vacated. State v. White, 263 K. 283, 311, 950 P.2d 1316 (1997).

34. Dissent asserts notice of revocation or suspension of driver's license should resemble proof of service for pleadings. State v. Carter, 264 K. 226, 231, 955 P.2d 119 (1998).

35. KAPA or civil procedure section governing service of an order does not extend time for review under 44-551 (b)(1). Anderson v. Bill Morris Constr. Co. Inc., 25 K.A.2d 603, 605, 966 P.2d 96 (1998).

36. ALJ's workers compensation award misaddressed; not received before review application filing date expiration; notice insufficient to satisfy due process. Nguyen v. IBP, Inc., 266 K. 580, 584, 972 P.2d 747 (1999).

37. Offer of settlement for limited property damage in motor vehicle accident claim properly served on plaintiff's attorney. Wilkerson v. Brown, 26 K.A.2d 831, 834, 995, P.2d 393 (1999).

38. Junior lienholder which was party to action required to receive actual notice of foreclosure sale. Alliance Mortgage Co. v. Pastine, 281 K. 1266, 1274, 136 P.3d 457 (2006).


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