Service of Process

Question 1

What are two sources of law?

Answer 1

U.S. Constitution + Rule or Statute.
So, in state court, KS decides what methods of notification πs may use, but those must stay within the constitutional borders.

Question 2

After filing petition with the court the π must effect service of what?

Answer 2

Petition and summons

Question 3

∆ must respond within how many days?

Answer 3

21 days (formal waiver not available in KS State court)

Question 4

Service on Individual: Methods

Answer 4

Mail w/ return receipt, personal service, residential service

Question 5

Service on Individual: Mail w/ Return Receipt

Answer 5

Service is effective on signing
If mailing is unclaimed, service is not effective
If delivery is refused, π may serve by ordinary mail; this service is effective 3 days after mailing

Question 6

Service on Individual: Personal Service

Answer 6

On written request to clerk. Permissive!

If ∆ refuses to accept, service is nonetheless effective

Question 7

Service on Individual: Residential Service

Answer 7

Permissive! Upon written request to clerk.
Leave summons and petition at ∆’s home with someone of suitable age and discretion.
If no person to receive service is available, service may be effected by leaving papers at home and mailing notice via ordinary mail

Question 8

Service on a Corporation: Methods

Answer 8

Same - mail, personal, residential

Question 9

Service on a Corporation: Who?

Answer 9

Corporate officer, registered agent, person in charge of any office

Question 10

Service by Publication: When allowed?

Answer 10

1. Divorce, maintenance, or annulment, if ∆ resides out of state or cannot be located within the state
2. Cases against nonresident individual or out of state corporation w/ in-state property/debt sought to be taken
3. Cases about in-state property, if ∆ resides out of state or cannot be located w/i the state or if ∆ is an out of state corporation
4. ∆ has left state to avoid
5. ∆s are unknown heirs or executors, unknown corporate directors, etc.

Question 11

Service by Publication: What kind of jurisdiction?

Answer 11

Usually in rem, not in personam

Question 12

Time Limit for Service of Process

Answer 12

90 days of filing petition, or, for good cause, 30 days beyond that.

Question 13

When can you request an extension for service of process?

Answer 13

Within 90 days of the original period.

Question 14

When is the civil action commenced?

Answer 14

When petition is filed, as long as service is timely

Question 15

What if service of process happens outside statute of limitation?

Answer 15

SOL is met if the petition is filed on time, as long as service is effective w/i time limit

Question 16

Defective service consequences?

Answer 16

If service is effected within time limit but is LATER deemed defective, π has 90 more days (plus 30 for good cause) to serve and still be within statute of limitations, if served in good faith the first time

Question 17

What if service is not effected w/i time limit?

Answer 17

The civil action is commenced at time of service. This will have SOL problems, potentially.