HOUSE BILL No. 2282
An Act concerning civil procedure; relating to proof of
service; costs; amending K.S.A.
60-312 and 60-2003 and repealing the existing
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 60-312 is hereby amended to read as
312. Proof of service shall be made as follows:
(a) Personal and residence service. (1) Every officer
to whom sum-
mons or other process shall be delivered for service within or
state, shall make
return thereof in writing
stating a statement subject to
penalty of perjury as provided in K.S.A. 21-3805 and amendments
as to the time, place and manner of service of such
, and shall sign
(2) If service of such process is directed to and delivered to
other than an officer, for service, such person shall make
affidavit as to
the time, place and manner of such person's service thereof.
(b) Service by certified mail. Service by certified
mail shall be proven
in the manner provided by subsection (b) of K.S.A. 60-303 or
(e) of K.S.A. 60-308, and amendments thereto.
(c) Publication service. Service by publication shall
be proven by an
affidavit showing the dates upon which and the newspaper in which
notice of publication was published. A copy of the notice shall be
to the affidavit which shall be filed in the cause. When mailing of
of the publication notice is required in accordance with subsection
K.S.A. 60-307 and amendments thereto, the proof of such mailing
be by affidavit of the person who mailed such copies and such
shall be filed with the clerk of the court in which the action has
filed. If such mailing was by certified mail, the return receipt
made a part of the affidavit and filed therewith.
(d) Time for return. The officer or other person
receiving a summons
or other process shall make a return of service promptly and in any
within 10 days after the service is effected. If the process cannot
it shall be returned to the court within 30 days after the date of
a statement of the reason for the failure to serve the same, except
time for service thereof may be extended up to 90 days from the
issue by order of the court or judge of the court to which it is
Immediately upon receipt of the return upon any summons or other
cess by the clerk of the court issuing the same, such clerk shall
copy of such return to the attorney for the party requesting the
of such summons or other process or, if such party has no attorney,
to the requesting party's self.
Sec. 2. K.S.A. 60-2003 is hereby amended to read as
2003. Items which may be included in the taxation of costs are:
(1) The docket fee as provided for by K.S.A. 60-2001, and
(2) The mileage, fees, and other allowable expenses of the
other officer incurred in the service of process outside of this
state or in
effecting any of the provisional remedies authorized by this
(3) Publisher's charges in effecting any publication of
ized by law.
(4) Statutory fees and mileage of witnesses attending court or
taking of depositions used as evidence.
(5) Reporter's or stenographic charges for the taking of
used as evidence.
(6) The postage fees incurred pursuant to K.S.A. 60-303 or
tion (e) of K.S.A. 60-308, and amendments thereto.
(7) Alternative dispute resolution fees shall include fees,
and other costs arising from mediation, conciliation, arbitration,
ment conferences or other alternative dispute resolution means,
or not such means were successful in resolving the matter or
dispute, which the court shall have ordered or to which the parties
(8) The mileage and fees of a private process server
incurred in the
service of process or in effecting any of the provisional
ized by this chapter.
(9) Such other charges as are by statute authorized to
be taxed as
Sec. 3. K.S.A. 60-312 and 60-2003 are hereby
Sec. 4. This act shall take effect and be in force from
and after its
publication in the statute book.
Approved April 10, 1998