60-301. Summons; issuance. On the filing of a petition, the clerk must promptly issue a summons for service on each defendant in accordance with K.S.A. 60-303, and amendments thereto. On written request the clerk must promptly issue a separate or additional summons. A summons must be served with a copy of the petition.
History: L. 1963, ch. 303, 60-301; L. 1986, ch. 215, § 12; L. 1990, ch. 202, § 3; L. 2010, ch. 135, § 145; July 1.
Source or prior law:
G.S. 1868, ch. 80, §§ 59, 60; L. 1909, ch. 182, §§ 60, 61; R.S. 1923, 60-2501, 60-2502.
Cross References to Related Sections:
Process, generally, see 60-204, 60-205.
Issuance of summons under code of civil procedure for limited actions, see 61-3001.
Law Review and Bar Journal References:
"Walking the Legal Tightrope: Serving Timely Process When Filing State Claims in Federal Court," Matt Corbin and Casey Tourtillott, 73 J.K.B.A. No. 9, 28 (2004).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-2501, 60-2502 and the 1961 Supp. thereto.
1. Section inapplicable to service of summons issued by commission on civil rights under K.S.A. 44-1004. Kansas Commission on Civil Rights v. Carlton, 216 Kan. 735, 739, 533 P.2d 1335.
2. Failure to comply with section noted; no right to appeal "no probable cause" under K.S.A. 40-1011. Bush v. City of Wichita, 223 Kan. 651, 653, 576 P.2d 1071.
3. Cited; whether trial court lacked personal jurisdiction because out-of-state service by corporation was invalid examined. In re Marriage of Welliver, 254 Kan. 801, 803, 869 P.2d 653 (1994).
4. Out-of-state manufacturer not subject to personal jurisdiction under long arm statute. Finance & Marketing Ass'n Intern., Inc. v. He-Ro Group, Inc., 975 F. Supp. 1429, 1431 (1997).
5. Person cannot be served before being a named defendant; valid service must be issued to named party. Le v. Joslin, 41 Kan. App. 2d 280, 202 P.3d 677 (2009).
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