Process Against Non-Residents
Current through 2021 Legislative Session
8-402 Procedure in procuring service pursuant to 8-401.
8-403 Consent to personal service of process by acceptance of title or registration certificate by resident of state; additional method for serving process.
8-404 Consent to personal service of process by acceptance of operator's or chauffeur's license by resident of state; additional method for serving process.
8-405 Invalidity of part.
8-401. Service of process against nonresidents or their representatives; definitions.
(a) As used in this act, each of the following words and terms, unless the context clearly requires otherwise, shall have the meaning respectively ascribed to it in this section:
(1) 'Nonresident' or 'nonresident person' shall mean: (A) A person who is a nonresident of this state; (B) a person who is a resident of this state and who departs from this state subsequent to the accident or collision from which the action or proceeding against such person or a representative of such person arose and remains absent from this state for thirty (30) days continuously, whether such absence is intended to be temporary or permanent; (C) a person who at the time of the accident or collision from which the action or proceeding arose was a resident of this state but who has subsequently thereto become a nonresident of this state;
(2) 'representative' shall have the meaning respectively ascribed to it in subsection (1) of K.S.A. 59-102.
(b) The acceptance by a nonresident person of the rights and privileges conferred by existing laws to operate motor vehicles on the public highways of the state of Kansas, or the operation by a nonresident person, or an authorized chauffeur of such nonresident, or agent, of a motor vehicle on the said highways, other than under said laws, shall be deemed equivalent to an appointment by such nonresident of the secretary of state of the state of Kansas, or the secretary's successor in office, to be such nonresident's true and lawful agent, upon whom may be served all lawful process in any action or proceeding against said nonresident or a representative of said nonresident growing out of any accident or collision in which said motor vehicle may be involved, while same is operated in the state of Kansas by said nonresident, or by an authorized chauffeur of said nonresident or agent; and said acceptance or operation of said vehicle shall be a signification of agreement that any such process which is so served on the secretary of state shall be of the same legal force and validity as if served upon said nonresident or a representative of said nonresident personally within the state.
History: L. 1935, ch. 72, § 1; L. 1959, ch. 50, § 1; L. 1961, ch. 54, § 1; July 1.
8-402. Procedure in procuring service pursuant to 8-401.
Service of process under K.S.A. 8-401, and amendments thereto, shall
be made as follows:
(a)(1) The plaintiff shall file a verified petition in the district court in the county where the cause of action arose or the plaintiff resides, showing a cause of action against the defendant of the class contemplated in K.S.A. 8-401 and amendments thereto, and shall further show in the petition, or by affidavit, to the satisfaction of the court, the following: (A) that the defendant is one of the persons contemplated in K.S.A. 8-401 and amendments thereto, (B) the residence of the defendant, (C) a description of the car or motor vehicle claimed to have been operated by the defendant or an agent of the defendant, as near as can reasonably be ascertained by the plaintiff; and (D) the time, place and nature of the accident, or injury.
(2) Upon such showing being made, the court shall make an order directing a summons to be issued and directing that service of process be made on the defendant as provided in K.S.A. 8-401 and amendments thereto, by delivering a copy of the summons, petition and order in according with subsection (b). The court shall, upon affidavit submitted upon behalf of the defendant, grant such additional time to answer, or continuances, as shall be reasonably necessary to allow defendant full opportunity to plead and prepare for trial.
(b)(1) The plaintiff may serve the defendant by providing the secretary of state with a copy of the summons, petition and order and the last known address, residence or place of abode for each defendant and paying the secretary of state a fee in the amount provided in K.S.A. 60-304(f), and amendments thereto. The secretary of state shall immediately mail to each defendant by return receipt delivery, addressed to the defendant at the defendant's last known address, residence or place of abode, a notice of service and a copy of the summons, petition and order provided by the plaintiff.
(2) The plaintiff may serve the defendant by causing a notice of service and a copy of the summons, petition and order to be personally served on the defendant in the foreign state by an adult person not a party to the suit or an officer duly qualified to serve legal process in the state or jurisdiction where the defendant is found, by delivering such documents to the defendant or by offering to make such delivery in the case of a defendant who refuses to accept the delivery. The server shall, on or before the return day of the process or within such further time as the court may allow, file an affidavit or a declaration pursuant to K.S.A. 53-601, and amendments thereto, or any other competent proof, stating the time, manner and place of service. The plaintiff shall notify the secretary of state in writing that the plaintiff is personally serving the defendant and shall provide the secretary of state with a copy of the notice of service, summons, petition and order provided to the defendant
(3) Compliance with this subsection constitutes sufficient service on the defendant.
(c) The notice of service required by subsection (b) shall be signed, dated and in substantially the following form: "To (insert the name of each defendant and such defendant's last known address, residence or place of abode), you will take notice that original process in this suit against you, a copy of which is hereto attached, was duly served upon you at Topeka, Shawnee County, Kansas, on (insert date) by serving the required documents on the secretary of state of the state of Kansas."
(d) The secretary of state shall keep a record of all process served upon the office under this section, and such record shall show the day of service of every such process.
History: L. 1935, ch. 72, § 2; L. 1951, ch. 109, § 1; L. 1961, ch. 54, § 2; L. 1963, ch. 55, § 1; L. 1965, ch. 64, § 1; L. 1976, ch. 145, § 30; L. 2021, ch. 34, § 1; July 1.
8-403. Consent to personal service of process by acceptance of title or registration certificate by resident of state; additional method for serving process.
The acceptance by a resident of this state of a certificate of title or ownership or a certificate of registration or any renewal thereof, issued under the motor vehicle laws of this state, shall constitute the consent by the person that personal service of lawful process may be made upon the person at any place where he or she may be found, whether or not the person is then a resident of this state, with the same force and effect as though served within this state, in any action or proceeding brought in the courts of this state against such person arising in this state out of the ownership or operation of the vehicle. This section provides, and shall be construed as providing for an additional method for the serving of process in those cases to which it is applicable; and it shall not be construed as repealing or superseding any other existing law relating to the serving of process.
History: L. 1961, ch. 54, § 3; July 1.
8-404. Consent to personal service of process by acceptance of operator's or chauffeur's license by resident of state; additional method for serving process.
The acceptance or retention by a resident of this state of an operator's or chauffeur's license issued pursuant to the operators' and chauffeurs' license act of this state, shall constitute the consent of the person that personal service of process may be made upon the person at any place where he or she may be found and whether or not the person is then a resident of this state, with the same force and effect as if served within this state, in any action or proceeding brought in the courts of this state against such person arising in this state out of his or her driving a motor vehicle upon a highway in this state. This section provides, and shall be construed as providing for an additional method for the serving of process in those cases to which it is applicable; and it shall not be construed as repealing or superseding any other existing law relating to the serving of process.
History: L. 1961, ch. 54, § 4; July 1.
If any section or part of a section of this act shall be held unconstitutional by any court, it shall be conclusively presumed that the legislature would have passed this act without such invalid section or part of a section, and the remaining provisions shall be given full force and effect, as if the part held unconstitutional had not been included herein.
History: L. 1961, ch. 54, § 5; July 1.