CHAPTER 100 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 sections. Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 60-312 is hereby amended to read as follows: 60-
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 without the
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 thereto
as to the time, place and manner of service of such writ, and shall sign
the return.

(2) If service of such process is directed to and delivered to a person,
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 subsection
(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 the
notice of publication was published. A copy of the notice shall be attached
to the affidavit which shall be filed in the cause. When mailing of copies
of the publication notice is required in accordance with subsection (e) of
K.S.A. 60-307 and amendments thereto, the proof of such mailing shall
be by affidavit of the person who mailed such copies and such affidavit
shall be filed with the clerk of the court in which the action has been
filed. If such mailing was by certified mail, the return receipt shall be
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 event
within 10 days after the service is effected. If the process cannot be served
it shall be returned to the court within 30 days after the date of issue with
a statement of the reason for the failure to serve the same, except the
time for service thereof may be extended up to 90 days from the date of
issue by order of the court or judge of the court to which it is returnable.
Immediately upon receipt of the return upon any summons or other pro-
cess by the clerk of the court issuing the same, such clerk shall mail a
copy of such return to the attorney for the party requesting the issuance
of such summons or other process or, if such party has no attorney, then
to the requesting party's self.

Sec. 2. K.S.A. 60-2003 is hereby amended to read as follows: 60-
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 amend-
ments thereto.

(2) The mileage, fees, and other allowable expenses of the sheriff or
other officer incurred in the service of process outside of this state or in
effecting any of the provisional remedies authorized by this chapter.

(3) Publisher's charges in effecting any publication of notices author-
ized by law.

(4) Statutory fees and mileage of witnesses attending court or the
taking of depositions used as evidence.

(5) Reporter's or stenographic charges for the taking of depositions
used as evidence.

(6) The postage fees incurred pursuant to K.S.A. 60-303 or subsec-
tion (e) of K.S.A. 60-308, and amendments thereto.

(7) Alternative dispute resolution fees shall include fees, expenses
and other costs arising from mediation, conciliation, arbitration, settle-
ment conferences or other alternative dispute resolution means, whether
or not such means were successful in resolving the matter or matters in
dispute, which the court shall have ordered or to which the parties have
agreed.

(8) The mileage and fees of a private process server incurred in the
service of process or in effecting any of the provisional remedies author-
ized by this chapter.

(9) Such other charges as are by statute authorized to be taxed as
costs.

Sec. 3. K.S.A. 60-312 and 60-2003 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 10, 1998

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