Kansas Rules of Civil Procedure

Rules of civil procedure and service of process requirements for Kansas.

Last updated October 22, 2026

Kansas rules for serving a summons and petition are in the Kansas Code of Civil Procedure, Chapter 60 of the Kansas Statutes Annotated (K.S.A.), mainly sections 60-303 to 60-312. These statutes cover who can serve, the methods of service and proof of service.

Kansas doesn't license process servers. Instead, a private person who isn't a sheriff, attorney or licensed private detective needs to be appointed by a judge or the clerk of the district court before serving a summons.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current statutes on the Kansas Office of Revisor of Statutes site or ask an attorney before relying on it.

Kansas process servers

Quick facts: process serving in Kansas

  • Who can serve: A sheriff or deputy, a Kansas-licensed attorney, a licensed private detective, or a process server appointed by a judge or district court clerk (K.S.A. 60-303(d)(3)). Any non-party 18 or older can serve a subpoena.
  • Licensing: No state license. Private servers are appointed by the court, either for one case or for cases generally during a set period (K.S.A. 60-303(d)(3)).
  • Deadline to serve: Within 90 days of filing the petition for the action to count as commenced on the filing date. The court can add 30 days for good cause (K.S.A. 60-203).
  • Substituted service: Residence service is allowed: leave the papers at the person's home with a resident of suitable age and discretion (K.S.A. 60-303(d)(1)).
  • Proof of service: A non-officer files an affidavit or unsworn declaration within 14 days after service (K.S.A. 60-312).
  • Time to respond: 21 days after service of the summons and petition (K.S.A. 60-212(a)).

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Do you need a license to serve process in Kansas?

No. Kansas has no statewide license, registration or certification for process servers. But not just anyone can serve a summons. Under K.S.A. 60-303(d)(3), personal and residence service must be made by:

  • A sheriff in the sheriff's county, or a deputy
  • An attorney admitted to practice in Kansas
  • A licensed private detective
  • A person appointed as a process server by a judge or clerk of the district court

The statute says process servers "should be appointed freely." An appointment can cover a single case or cases generally for a fixed period. Many district courts have local rules on how to apply, so check with the clerk where the case is filed. Appointed servers, attorneys and licensed private detectives can serve anywhere in or out of Kansas and are allowed the sheriff's fees under K.S.A. 28-110.

For a step-by-step guide, see Become a Process Server in Kansas.

How to serve a summons in Kansas

By default, the sheriff of the county where the case is filed serves process. A party, or the party's attorney, can tell the clerk they'll handle service instead (K.S.A. 60-303(b)).

Personal service: K.S.A. 60-303(d)(1)

The server delivers, or offers to deliver, a copy of the summons and petition to the person being served. A party asks for personal service by filing a written request with the clerk.

Residence service: K.S.A. 60-303(d)(1)

The server leaves a copy at the person's dwelling or usual place of abode with someone of suitable age and discretion who lives there. If neither personal nor residence service can be made, the server can leave a copy at the home and mail a notice that it was left there by first-class mail.

Return receipt delivery: K.S.A. 60-303(c)

The sheriff, a party or a party's attorney can serve by certified mail, priority mail, commercial courier, overnight delivery or another reliable delivery service that provides a receipt. Service is made when the sealed envelope is delivered. If the envelope comes back marked refused, the papers can be sent by first-class mail. Simply failing to claim the envelope isn't a refusal. For individuals, mail goes to the person's home; if it's refused or unclaimed and a business address is known, it can be sent there (K.S.A. 60-304).

Refusal: K.S.A. 60-303(d)(4)

If the person, or their agent, refuses to take the papers, the server's offer to deliver them and the refusal are enough for service.

Acknowledgment or appearance: K.S.A. 60-303(e)

A person can acknowledge service in writing on the summons, or enter an appearance in the case. Either one counts as service.

Service by publication: K.S.A. 60-307

Publication is limited to certain cases, such as divorce, actions about Kansas property, and defendants who have left the state or are hiding to avoid service. The plaintiff must first file an affidavit or declaration showing that service in Kansas can't be made with due diligence. The notice runs once a week for three weeks in a row in a newspaper in the county where the case was filed, and must be mailed to known addresses within seven days of the first publication. Publication supports a judgment about property or status, not a personal money judgment. See What is service by publication?

Service outside Kansas: K.S.A. 60-308

A person outside Kansas can be served the same way as in Kansas, or by return receipt delivery. No court order is needed. Service can be made by an officer authorized to serve in Kansas or in the state where service happens. No default can be entered until at least 30 days after service.

Serving businesses and other entities

  • Corporations, LLCs, partnerships and associations (K.S.A. 60-304): Serve an officer, manager, partner, or a resident, managing or general agent. You can also leave the papers with the person in charge of a business office, or serve an agent appointed or designated by law. Find resident agents with the Kansas Secretary of State business entity search.
  • No resident agent (K.S.A. 60-304): If a Kansas or registered foreign entity has no resident agent, or the agent can't be found with reasonable diligence, the Secretary of State can be served. The filer delivers the process and petition copies and pays a $40 fee.
  • Series of an LLC: Service on the LLC must name the series.
  • Government (K.S.A. 60-304): For a county, serve a county commissioner, the county clerk or the county treasurer. For a city, serve the clerk or the mayor. For a township, serve the clerk or a trustee. For the State of Kansas or a state agency, serve the attorney general or an assistant attorney general.

Serving a subpoena in Kansas

Any person who is 18 or older and isn't a party can serve a subpoena, in addition to sheriffs and appointed servers (K.S.A. 60-303(d)(3)). A subpoena can be served anywhere in Kansas. If it requires the person to attend, it must come with the fees for one day's attendance and the mileage allowed by law (K.S.A. 60-245(b)).

Proof of service: K.S.A. 60-312

The return of service states the time, place and manner of service. An officer signs a statement under penalty of perjury. Anyone else, including an appointed process server, supports the return with an affidavit or an unsworn declaration under K.S.A. 53-601, so a notary isn't required.

The return must be filed within 14 days after service. If service can't be made, the process goes back to the court within 30 days of issue with a statement of why. For return receipt delivery, the return includes the receipt.

Hire a Kansas process server

Find process servers across the state in the Kansas process server directory.

More Kansas resources

This page is a general overview of Kansas law, not legal advice. Laws change. Check the current statutes or talk to an attorney about your case.

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