Printable Format60-304. Service of process, on whom made. As used in this section, "serving" means making service by any of the methods described in K.S.A. 60-303, and amendments thereto, unless a specific method of making service is prescribed in this section. Except for service by publication under K.S.A. 60-307, and amendments thereto, service of process under this article must be made as follows:
(a) Individual. On an individual other than a minor or a disabled person, by serving the individual or by serving an agent authorized by appointment or by law to receive service of process. If the agent is one designated by statute to receive service, such further notice as the statute requires must be given. Service by return receipt delivery must be addressed to an individual at the individual's dwelling or usual place of abode and to an authorized agent at the agent's usual or designated address. If the sheriff, party or party's attorney files a return of service stating that the return receipt delivery to the individual at the individual's dwelling or usual place of abode was refused or unclaimed and that a business address is known for the individual, the sheriff, party or party's attorney may complete service by return receipt delivery, addressed to the individual at the individual's business address.
(b) Minor. On a minor, by serving:
(1) The minor; and
(2) either:
(A) The minor's guardian or conservator, if the minor has one within this state;
(B) the minor's father, mother or other person having the minor's care or control or with whom the minor resides; or
(C) if service cannot be made as specified in paragraphs (A) or (B), as provided by order of the court.
Service by return receipt delivery must be addressed to an individual at the individual's dwelling or usual place of abode and to a corporate guardian or conservator at the guardian's or conservator's usual place of business.
(c) Disabled person. On a disabled person, as defined in K.S.A. 77-201, and amendments thereto, by:
(1) Serving:
(A) The person's guardian, conservator or a competent adult member of the person's family with whom the person resides;
(B) if the person resides in an institution, the director or chief executive officer of the institution; or
(C) if service cannot be made as specified in paragraphs (A) or (B), as provided by order of the court; and
(2) unless the court otherwise orders, serving the disabled person.
Service by return receipt delivery must be addressed to the director or chief executive officer of an institution at the institution, to any other individual at the individual's dwelling or usual place of abode, and to a corporate guardian or conservator at the guardian's or conservator's usual place of business.
(d) Governmental bodies. On:
(1) A county, by serving one of the county commissioners, the county clerk or the county treasurer;
(2) a township, by serving the clerk or a trustee;
(3) a city, by serving the clerk or the mayor;
(4) any other public corporation, body politic, district or authority, by serving the clerk or secretary or, if the clerk or secretary is not found, any officer, director or manager thereof; and
(5) the state or any governmental agency of the state, when subject to suit, by serving the attorney general or an assistant attorney general.
Service by return receipt delivery must be addressed to the appropriate official at the official's governmental office. Income withholding orders for support and orders of garnishment of earnings of state officers and employees must be served on the state or governmental agency of the state in the manner provided by K.S.A. 60-723, and amendments thereto.
(e) Corporations, domestic or foreign limited liability companies, domestic or foreign limited partnerships, domestic or foreign limited liability partnerships and partnerships. On a domestic or foreign corporation, domestic or foreign limited liability company, domestic or foreign limited partnership, domestic or foreign limited liability partnership or a partnership or other unincorporated association that is subject to suit in a common name, by:
(1) Serving an officer, manager, partner or a resident, managing or general agent;
(2) leaving a copy of the summons and petition or other document at any of its business offices with the person having charge thereof; or
(3) 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.
(f) Resident agent for a corporation, limited liability company, limited partnership or limited liability partnership. A domestic corporation, domestic limited liability company, domestic limited partnership or domestic limited liability partnership, and, if it is authorized to transact business or transacts business without authority in this state, a foreign corporation, foreign limited liability company, foreign limited partnership or foreign limited liability partnership irrevocably authorizes the secretary of state as its agent to accept on its behalf service of process, or any notice or demand required or permitted by law to be served on it, when: (1) It fails to appoint or maintain in this state a resident agent on whom service may be had; or (2) its resident agent cannot with reasonable diligence be found at the registered office in this state. Service on the secretary of state of any process, notice or demand must be made by delivering to the secretary of state, by personal service or by return receipt delivery, the original and two copies of the process and two copies of the petition, notice or demand. When any process, notice or demand is served on the secretary of state, the secretary must promptly forward a copy of it by return receipt delivery, addressed to the corporation, limited liability company, limited partnership or limited liability partnership at its principal office as it appears in the records of the secretary of state, or at the registered or principal office of the corporation, limited liability company, limited partnership or limited liability partnership in the state of its incorporation or formation. The secretary of state must keep a record of all processes, notices and demands served on the secretary under this subsection, and must record the time of the service and the action taken by the secretary. A fee of $40 must be paid to the secretary of state by the party requesting the service of process, to cover the cost of serving process, except the secretary of state may waive the fee for state agencies. The fee must not be included in or paid from any deposit as security for costs or the docket fee required by K.S.A. 60-2001 or 61-4001, and amendments thereto.
(g) Insurance companies or associations. Service of summons or other process on any insurance company or association, organized under the laws of this state, may also be made by serving the commissioner of insurance in the same manner as provided for service on foreign insurance companies or associations.
(h) Service on an employee. If a party or a party's agent or attorney files an affidavit or a declaration pursuant to K.S.A. 53-601, and amendments thereto, that to the best of the affiant's or declarant's knowledge and belief the person to be served is employed in this state, and is a nonresident or that the place of residence of the person is unknown, the affiant or declarant may request that the sheriff or other duly authorized person direct an officer, partner, managing or general agent or the individual having charge of the place at which the person to be served is employed, to make the person available to permit the sheriff or other duly authorized person to serve the summons or other process.
(i) Service on a series of a limited liability company. On a series established under a domestic or foreign limited liability company by service on such domestic or foreign limited liability company in the same manner as described in subsections (e) and (f), but if service is made on the resident, managing, general or other agent of the limited liability company upon which service may be made or the secretary of state on behalf of any such series, such service shall include the name of the limited liability company and the name of such series.
History: L. 1963, ch. 303, 60-304; L. 1965, ch. 354, § 5; L. 1970, ch. 235, § 1; L. 1973, ch. 234, § 1; L. 1976, ch. 251, § 15; L. 1981, ch. 232, § 2; L. 1982, ch. 363, § 9; L. 1983, ch. 88, § 74; L. 1986, ch. 215, § 15; L. 1990, ch. 202, § 5; L. 1994, ch. 273, § 1; L. 2000, ch. 172, § 10; L. 2001, ch. 211, § 14; L. 2002, ch. 114, § 72; L. 2005, ch. 203, § 1; L. 2010, ch. 135, § 148; L. 2011, ch. 48, § 14; L. 2019, ch. 47, § 50; L. 2021, ch. 34, § 2; July 1.
Source or prior law:
(a). G.S. 1868, ch. 80, § 64; L. 1909, ch. 182, § 65; R.S. 1923, 60-2507.
(b). G.S. 1868, ch. 80, §§ 33, 71; L. 1909, ch. 182, §§ 32, 77; L. 1911, ch. 228, § 1; R.S. 1923, 60-408.
(c). G.S. 1868, ch. 80, §§ 33, 71; L. 1909, ch. 182, §§ 32, 77; L. 1911, ch. 228, § 1; R.S. 1923, 60-408.
(d). L. 1871, ch. 60, § 12; L. 1903, ch. 122, § 6; L. 1907, ch. 114, § 5; R.S. 1923, 60-2517.
(e). G.S. 1868, ch. 80, § 68; L. 1909, ch. 182, § 70; R.S. 1923, 60-2518; L. 1941, ch. 286, § 1.
(f). G.S. 1868, ch. 80, § 70; L. 1903, ch. 381, § 1; L. 1909, ch. 182, §§ 74, 76; R.S. 1923, 60-2522, 60-2524; L. 1941, ch. 286, § 2.
(g). G.S. 1868, ch. 80, § 69; L. 1909, ch. 182, § 75; R.S. 1923, 60-2523.
(h). G.S. 1868, ch. 80, § 67; L. 1909, ch. 182, § 68; R.S. 1923, 60-2515.
Revisor's Note:
Section was amended twice in the 2000 session, see also 60-304a.
Cross References to Related Sections:
Actions and special proceedings, generally, see 60-205.
Business trusts, see 17-2030(e).
Common nuisances, see chapter 22, article 39.
Minors or incapacitated persons, see 60-217(c).
Insurance companies, see 40-218, 40-777, 40-1220, 40-1607, 40-2001 through 40-2005, 40-2406, 40-2704.
Motor vehicle operators or owners, see chapter 8, article 4.
Nonresidents, actions against, see 60-605.
Nonresidents, process service upon,
Aerial spray operators and owners, see 2-2447.
Business trusts, see 17-2030(e).
Contractors with state or local subdivisions, see 16-113, 16-114.
Corporations, qualified, see chapter 17, article 73.
Service of process fee, see 17-7306.
Insurance companies, see 40-218, 40-777, 40-1220, 40-1607, 40-2406.
Liquor manufacturers or distributors, see 41-313.
Reciprocal or interinsurance exchanges, see 40-1607.
Corporations, unqualified to do business,
Insurance, business of, see 40-2406.
Insurers, unauthorized, see 40-2001 through 40-2005, 40-2704.
Employment security law, see 44-717(b)(2).
Gambling device owner, see 22-3902.
Personal service outside state, see 60-308.
Real estate brokers, see 58-3040.
Securities act registrants, see 17-12a611.
State of Kansas, see 75-417.
Service of process for limited actions, see chapter 61, article 30.
Law Review and Bar Journal References:
Paragraph (b); school expulsions and due process, Terry J. Wuester, 14 K.L.R. 108, 113 (1965).
1963-65 survey of civil practice, Earl B. Shurtz, 14 K.L.R. 171, 172, 181 (1965).
Paragraph (e) and K.S.A. 60-209(a) mentioned in discussing a uniform partnership act, Phil H. Lewis, 37 J.B.A.K. 297, 329 (1968).
"Civil Procedure—Service of Process—Extraterritorial Jurisdiction on Foreign Corporations Transacting Business Under the 'Long Arm' Statute," Ray L. Borth, 7 W.L.J. 375, 381, 382 (1966).
"U.S. District Court," William O. Isenhour, 38 J.B.A.K. 111, 112 (1969).
"Long Arm and Convenient Forum," Robert C. Casad, 20 K.L.R. 1, 17 (1971).
"URLTA, Kansas, and the Common Law," Michael J. Davis, 21 K.L.R. 387, 392 (1973).
Subsection (f) cited in note discussing personal jurisdiction over a foreign corporation based on acts of parent, 25 K.L.R. 109, 110, 115 (1976).
"Tolling the Statute of Limitations: Restricted by Enlarged Personal Jurisdiction," L. Stephen Garlow, 18 W.L.J. 565, 569, 571, 573, 574 (1979).
"Survey of Kansas Law: Business Associations," William E. Treadway, 27 K.L.R. 171, 173 (1979).
"Recent Development in Kansas Civil Procedure," E. Elinor P. Schroeder, 32 K.L.R. 515, 520 (1984).
"Comparative Negligence—New Rules of Pleading and Burden of Proof," No. IX, Special Issue, J.K.T.L.A. 28 (1985).
"Survey of Kansas Law: Family Law," Nancy G. Maxwell, 37 K.L.R. 801, 809 (1989).
"Service of Process by Certified Mail," Robert C. Casad, 59 J.K.B.A. No. 10, 25 (1990).
"Termination of Parental Rights and Service of Process: Follow the Rules or Suffer the Consequences," Robert M. Pitkin, J.K.T.L.A. Vol. XVI, No. 5, 7, 8 (1993).
"The Kansas Tort Claims Act: The Evolving Parameters of Governmental Tort Liability," Terri Savely Bezek, 66 J.K.B.A. No. 8, 30 (1997).
"Y2K: An active year for judicial legislation," Paul T. Davis, 69 J.K.B.A. No. 7, 12 (2000).
Attorney General's Opinions:
Adult care homes; foreign corporations as operators; what constitutes doing business. 84-66.
Garnishment of earnings of public officers and employees—enforcement of support; payors' duties. 88-129.
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-408, 60-2507, 60-2515, 60-2517, 60-2518, 60-2523, 60-2524 and the 1961 Supp. thereto.
1. Order of garnishment served upon secretary of individual at place of business not substantial compliance with (a) hereof. Briscoe v. Getto, 204 Kan. 254, 256, 257, 462 P.2d 127.
2. Service of city under subsection (d) considered. City of Eudora v. French, 204 Kan. 258, 264, 461 P.2d 762.
3. Paragraph (f) mentioned in holding nonresident garnishee bank not subject to personal judgment under K.S.A. 60-308. Land Manufacturing, Inc. v. Highland Park State Bank, 205 Kan. 526, 531, 470 P.2d 782.
4. Garnishment order not legally served on garnishee; garnishee's business office is not his "usual place of residence" or "usual place of abode." Thompson-Kilgariff General Insurance Agency, Inc. v. Haskell, 206 Kan. 465, 467, 479 P.2d 900.
5. Subsection (f) cited; concerning interpretation of phrase "managing agent." Ballhorst v. Hahner-Foreman-Cale, Inc., 207 Kan. 89, 94, 484 P.2d 38.
6. Subsection (a) cited; leaving copy of petition and summons with secretary of the defendant not substantial compliance with provisions for personal service; secretary not authorized agent to receive service of process. Haley v. Hershberger, 207 Kan. 459, 462, 463, 485 P.2d 1321.
7. Federal rule governs time of commencement of action in federal court for purpose of computing running of statute of limitations. Chappell v. Rouch, 448 F.2d 446, 447.
8. Under subsection (d) failure to serve attorney general fatal to action against local office of state employment service. City of Hutchinson v. Hutchinson, Office of State Employment Service, 213 Kan. 399, 404, 517 P.2d 117.
9. No actual notice received by owners of apartment; refusal to set aside default judgment error; excusable neglect. Montez v. Tonkawa Village Apartments, 215 Kan. 59, 61, 523 P.2d 351.
10. Jurisdiction over subsidiary corporation founded on theory court had jurisdiction over parent corporation. Farha v. Signal Companies, Inc., 216 Kan. 471, 532 P.2d 1330. Original opinion modified, 217 Kan. 43, 535 P.2d 463.
11. Provision inapplicable to subpoena issued by commission on civil rights pursuant to K.S.A. 44-1004 (5). Kansas Commission on Civil Rights v. Carlton, 216 Kan. 735, 738, 739, 533 P.2d 1335.
12. Service by publication held constitutionally sufficient; description of property adequate. Board of County Commissioners v. Alldritt, 217 Kan. 331, 335, 536 P.2d 1377.
13. Excusable neglect by defendant in failure to answer; abuse of discretion in not vacating judgment. Kennedy v. Meyerco, Inc., 218 Kan. 387, 543 P.2d 937.
14. Section cited; defendant was not doing business in this state. Scrivner v. Twin Americas Agricultural & Industrial Developers, Inc., 1 Kan. App. 2d 404, 408, 573 P.2d 614.
15. Mentioned in upholding constitutionality of K.S.A. 61-1805. Threadgill v. Beard, 225 Kan. 296, 299, 590 P.2d 1021.
16. Failure to strictly comply with subsection (d) nonprejudicial where parties had actual notice. Chee-Craw Teachers Association v. U.S.D. No. 247, 225 Kan. 561, 563, 593 P.2d 406.
17. Service in accordance with section tantamount to personal service; jurisdiction of court. McCall v. Lewis, 3 Kan. App. 2d 22, 23, 24, 592 P.2d 469.
18. Defendant's mere absence from state did not toll statute of limitations. Gideon v. Gates, 5 Kan. App. 2d 23, 26, 611 P.2d 166.
19. Service of process on secretaries at defendant's business office insufficient for personal jurisdiction. Bray v. Bayles, 4 Kan. App. 2d 596, 603, 604, 605, 609 P.2d 1146. Reversed in part on other grounds: 228 Kan. 481, 485, 618 P.2d 807.
20. Service upon resident agent of dissolved corporation during three year wind-up period constitutes valid service on corporation. Vogel v. Missouri Valley Steel, Inc., 229 Kan. 492, 493, 625 P.2d 1123.
21. Garnishment is extraordinary remedy and statutory procedures must be strictly followed. Mailing order of garnishment to defendant 10 days after issuance held inadequate. Nelson v. Thornberg, 504 F. Supp. 199, 202.
22. Service in proceedings under juvenile code governed by K.S.A. 38-810a. Wilson & Walker v. State, 230 Kan. 49, 53, 636 P.2d 1102 (1981).
23. Action against city not "commenced within due time" where service made upon city attorney and not upon the mayor or clerk. Dunn v. City of Emporia, 7 Kan. App. 2d 445, 447, 448, 450, 643 P.2d 1137 (1982).
24. Defendant's husband was a suitable person for service even though he had a drinking problem. Mid Kansas Fed'l Savings & Loan Ass'n v. Burke, 8 Kan. App. 2d 443, 445, 446, 448, 449, 660 P.2d 569 (1983).
25. Defendant's acquiescence in judgment cuts off right of appeal; motion to set aside default judgment on basis of improper service of process does not show payment of judgment was involuntary. Vap v. Diamond Oil Producers, Inc., 9 Kan. App. 2d 58, 59, 671 P.2d 1126 (1983).
26. Cited; proceedings properly set aside for "surprise" under K.S.A. 60-260(b) where movant had no actual knowledge but acted quickly thereafter. Mid Kansas Fed'l Savings & Loan Ass'n v. Burke, 233 Kan. 796, 797, 800, 666 P.2d 203 (1983).
27. Use of telephone "lottery" to inform prospective juror of date to appear for service permissible. State v. Reeves, 234 Kan. 250, 252, 253, 671 P.2d 553 (1983).
28. Distinction is drawn on service of process between corporation having resident agent and one having none; authority to do business in Kansas is not the question. Slawson v. Tome Petroleum Corp., 561 F. Supp. 67, 72 (1983).
29. Where subsidiaries mere alter egos of parent corporation, service on chief executive of Kansas subsidiaries appropriate service on other defendants. Hoffman v. United Telecommunications Inc., 575 F. Supp. 1463, 1479 (1983).
30. Incapacitated parent entitled to service on guardian and conservator (K.S.A. 60-304(c)) in severance proceedings. In re Baby Boy Bryant, 9 Kan. App. 2d 768, 774, 689 P.2d 1203 (1984).
31. Where service on city does not follow provisions of (d)(3), service is void and court acquires no jurisdiction. Hopkins v. State, 237 Kan. 601, 604, 605, 702 P.2d 311 (1985).
32. Cited; improper to allow retrospective application of procedural statute (K.S.A. 60-203) where vested defense exists prior to effective date thereof. Jackson v. American Best Freight System, Inc., 238 Kan. 322, 323, 325, 709 P.2d 983 (1985).
33. Appeal of driver's license suspension does not require service of process on attorney general. In re Gantz, 10 Kan. App. 2d 299, 301, 698 P.2d 385 (1985).
34. Subsection (a) cited; K.S.A. 60-205(e) does not include leaving papers at absent judge's office; other exceptions noted. Tobin Constr. Co. v. Kemp, 239 Kan. 430, 436, 437, 721 P.2d 278 (1986).
35. Cited; challenge to jurisdiction over person can be regarded as including challenge to service of process (K.S.A. 60-212(b) (2) and (3)). Newell v. Krause, 239 Kan. 550, 552, 554, 722 P.2d 530 (1986).
36. Service on judicial district, by delivery of alias summons and return on assistant state attorney general sufficient. Mason v. Twenty-Sixth Judicial Dist. of Kansas, 670 F. Supp. 1528, 1535 (1987).
37. Question of personal jurisdiction examined following acquiescence in judgment of divorce decree. In re Marriage of Powell, 13 Kan. App. 2d 174, 178, 766 P.2d 827 (1989).
38. Minimum contacts analysis regarding nonresident unnecessary when personal service made while physically present in forum state. Swarts v. Dean, 13 Kan. App. 2d 228, 229, 766 P.2d 1291 (1989).
39. Exclusionary clause in insurance contract for "intentional" acts of mentally ill insured examined. Shelter Mut. Ins. Co. v. Williams, 248 Kan. 17, 20, 804 P.2d 1374 (1991).
40. Act for judicial review of agency actions (K.S.A. 77-601 et seq.) found to contain no provision for substantial compliance with service requirement. Claus v. Kansas Dept. of Revenue, 16 Kan. App. 2d 12, 13, 825 P.2d 172 (1991).
41. No lack of service when personal service had of law enforcement agents but not of the state. Kjorlie v. Lundin, 765 F. Supp. 671, 672 (1991).
42. Service upon garnishee defendant using state statute was inadequate to give court personal jurisdiction. In re American Freight System, Inc., 153 B.R. 906, 907 (1992).
43. Cited in holding personal service requirement of notice of suspension of driver's license (K.S.A. 8-1002(c)) mandatory; "substantial compliance" insufficient. Anderson v. Kansas Dept. of Revenue, 18 Kan. App. 2d 347, 351, 853 P.2d 69 (1993).
44. 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, 805, 869 P.2d 653 (1994).
45. Whether defendant's motion for leave to answer constituted general appearance for service of process examined. Lindenman v. Umscheid, 255 Kan. 610, 632, 875 P.2d 964 (1994).
46. Plaintiff did not establish manufacturer transacted business in state so that service on secretary of state invalid. Brand v. Mazda Motor of America, Inc., 920 F. Supp. 1169, 1172 (1996).
47. Service delivered to the attorney general is effective service for state secretary of transportation. Bird v. Kansas Dept. of Transportation, 23 Kan. App. 2d 164, 166, 928 P.2d 915 (1996).
48. State agency is subject to city's anti-discrimination ordinance. State ex rel. Franklin v. City of Topeka, 266 Kan. 385, 389, 969 P.2d 852 (1998).
49. Service of process on attorney general was sufficient to confer jurisdiction over state officer. Copeland v. Robinson, 25 Kan. App. 2d 717, 721, 970 P.2d 69 (1998).
50. Mailing of process to state university constituted substantial compliance with statutory service requirements. Brin v. Kansas, 101 F. Supp.2d 1343, 1347 (2000).
51. Service upon any governmental agency may be made by serving attorney general. Rieke v. Kansas Dept. of Revenue, 28 Kan. App. 2d 476, 18 P.3d 243 (2001).
52. Plaintiff failed to properly serve certain defendant officials in their personal capacity. Scherer v. U.S., 241 F. Supp. 2d 1270, 1281 (2003).
53. Employee continually employed by defendant was general agent with apparent authority to accept service. Board of Jefferson County Comm'rs v. Adcox, 35 Kan. App. 2d 628, 641, 132 P.3d 1004 (2006).
54. City properly served regardless of whether that official or authorized person signed for the mail; service upon defendant at place of business ineffective where plaintiff did not attempt service upon defendant or place of abode first. Fulcher v. City of Wichita, 445 F. Supp. 2d 1271, 1274, 1275 (2006).
55. Service of process discussed when state employees are sued in individual capacity; substantial compliance. Spiess v. Meyers, 483 F. Supp. 2d 1082, 1093, 1094, 1095, 1096 (2007).
56. Service under locked door at office does not constitute personal service. Fisher v. Lynch, 531 F. Supp. 2d 1253, 1268 (2008).
57. Notices given county under K.S.A. 12-1749d may be served on county clerk. In re Tax Exemption of City of Garnett, 39 Kan. App. 2d 242, 248, 177 P.3d 1279 (2008).
58. Cited; service of summons required for court's jurisdiction over defendant. Wallace v. Microsoft Credit Corp., 563 F. Supp. 2d 1197, 1202 (2008).
59. District court never had personal jurisdiction over defendant foreign corporation. Porter v. Wells Fargo Bank, 45 Kan. App. 2d 931, 257 P.3d 788 (2011).
60. When an employee of a limited liability company is in charge of one of its business offices at the time of the service of process, even if not an officer of that company, personal service on such employee is effective. First Management v. Topeka Investment Group, 47 Kan. App. 2d 233, 277 P.3d 1150 (2012).
61. Plaintiff did not meet or substantially comply with service of process by certified mail at business address, where plaintiff had not first tried to make residential service, filed declaration that place of residence was unknown, nor shown attempted service, which made intended recipient aware of the action. Wanjiku v. Johnson Cnty., 173 F. Supp. 3d 1217, 1229-30 (D. Kan. 2016).