Brief (1)
HB 2905 amends the Civil Procedure Code and the Limited Actions Procedure Code regarding service of process. The bill also deals with preferential pricing of court reporter services and foreclosure on mechanics liens.
The bill requires process to be served by the sheriff of the county in which an action is filed or as otherwise provided which can include certified mail, priority mail, commercial courier service, overnight delivery service, or other reliable personal delivery evidenced by a written or electronic receipt showing to whom it was delivered, date of delivery, address where delivered, and person or entity effecting delivery.
If there is a refusal to accept delivery, a copy of the process may be sent by first class mail. If the first class mail is returned as a nondelivery, an amended certificate of service can be filed with the clerk and service by such mailing will not be considered obtained.
The Senate Committee amendments were technical.
The Senate Committee of the Whole added provisions of SB 585 which amends the Kansas Code of Civil Procedure to provide no deposition shall be taken before a person (court reporter) who is under contract to provide preferential pricing of court reporting services to any of the parties or to an attorney, counsel, or insurer of any of the parties.
The Senate Committee of the Whole also added provisions of HB 3023 dealing with mechanics liens. The bill prohibits any action to foreclose any lien against residential property unless personal notice has been given to the equitable owner of record of the property.
Background
Testimony on behalf of the Kansas Bar Association indicated support for the bill.
The fiscal note had not been finalized at the time of passage of the bill.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html