Kansas Statutes Annotated
K.S.A. § 60-301 (2026)
Summons; issuance
✓ current as of May 2026
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60-301. Summons; issuance. On the filing of a petition, the clerk must promptly issue a summons for service on each defendant in accordance with K.S.A. 60-303, and amendments thereto. On written request the clerk must promptly issue a separate or additional summons. A summons must be served with a copy of the petition.
History: L. 1963, ch. 303, 60-301; L. 1986, ch. 215, § 12; L. 1990, ch. 202, § 3; L. 2010, ch. 135, § 145; July 1.
Notes of Decisions
Cited in 23
cases (3 in the last 5 years), 1978–2024 · leading case: Pieren-Abbott v. Kansas Dep't of Revenue, 106 P.3d 492 (Kan. 2005).
Pieren-Abbott v. Kansas Dep't of Revenue, 106 P.3d 492 (Kan. 2005). “K.S.A. 60-301 states that upon the filing of a petition, the clerk shall forthwith issue a summons for service upon each defendant in accordance with K.”
Burnham v. Humphrey Hosp. Reit Trust, Inc., 403 F.3d 709 (10th Cir. 2005). “There must be substantial compliance with Kan. Stat. Ann. § 60-301 et seq. and the defendant must be made aware that an action is pending.”
Steele v. City of Wichita, 826 P.2d 1380 (Kan. 1992). “Therefore, no one is authorized to serve any process other than a summons under K.S.A. 60-301 et seq. Plaintiffs contend K.”
Cook v. Cook, 83 P.3d 1243 (Kan. Ct. App. 2003). “K.S.A. 60-301 stipulates that the clerk, upon filing of the petition, shall issue a summons for service.”
Slayden v. Sixta, 825 P.2d 119 (Kan. 1992). “the whereabouts of the defendant are known and service of summons can *27 be perfected under K.S.A. 60-301 et seq. Gideon v. Gates, 5 Kan.”
Spiess v. Meyers, 483 F. Supp. 2d 1082 (D. Kan. 2007). “es in pertinent part as follows: In any method of serving process, substantial compliance therewith shall effect valid service of process if the court finds that, notwithstanding some irregularity or omission, the party served was made aware that an action or proceeding was…”
Burnett v. Sw. Bell Tel., L.P., 151 P.3d 837 (Kan. 2007). “The KTCA does not ‘create’ a cause of action like the highway defect statute, K.S.A. 60-301 (Weeks) (since repealed), the Kansas Consumer Protection Act, or the veterans’ preference law.”
Hall v. Quivira Square Dev. Co., 675 P.2d 931 (Kan. Ct. App. 1984). “In any method of serving process, substantial compliance therewith shall effect valid service of process if the court finds that, notwithstanding some irregularity or omission, the party served was made aware that an action or *247 proceeding was pending in a specified court in…”
LE v. Joslin, 202 P.3d 677 (Kan. Ct. App. 2009). “K.S.A. 60-301 provides that the clerk shall issue a summons “for service upon each defendant.”
Dunn v. City of Emporia, 643 P.2d 1137 (Kan. Ct. App. 1982). “Before there can be a valid personal service of process there must be a substantial compliance with some method of process provided in K.S.A. 60-301, et seq. It is only after substantial compliance that irregularities and omissions are cured by awareness of a pending proceeding.”
Hajda v. Univ. of Kansas Hosp. Auth., 356 P.3d 1 (Kan. Ct. App. 2015). “K.S.A. 2014 Supp. 60-301. If timely filing of the petition is not made or timely service is not obtained, then the statute of *774 limitations runs.”
In Re Marriage of Welliver, 869 P.2d 653 (Kan. 1994). “K.S.A. 1993 Supp. 60-301. “All process issued for service from any court within the state may be served anywhere within the territorial limits of the state and, when authorized by law, may be served outside this state.”
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