K.S.A. § 60-308

Service outside state

Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

60-308. Service outside state. (a) Proof and effect. (1) Service of process may be made on any party outside this state. If on a party domiciled in this state or on a party that has submitted to the jurisdiction of the courts of this state, such service provides personal jurisdiction over that party; otherwise it provides in rem jurisdiction over specifically identified property that party has in this state.

(2) The service of process must be made: (A) In the same manner as service within this state, by an officer authorized to serve process in this state or in the state where the party is served; or (B) by a party or the party's attorney pursuant to subsection (c) of K.S.A. 60-303, and amendments thereto. No order of a court is required. The server must 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 court may consider the affidavit, declaration or any other competent proof in determining whether service has been properly made.

(3) No default may be entered until the expiration of at least 30 days after service. A default judgment rendered on service outside this state may be set aside only on a showing that is timely and sufficient under subsection (b) of K.S.A. 60-260, and amendments thereto, to set aside a default judgment.

(b) Submitting to jurisdiction. (1) Any person, whether or not a citizen or resident of this state, who in person or through an agent or instrumentality does any of the following acts, thereby submits the person and, if an individual, the individual's representative, to the jurisdiction of the courts of this state for any claim for relief arising from the act:

(A) Transacting any business in this state;

(B) committing a tortious act in this state;

(D) contracting to insure any person, property or risk located in this state at the time of contracting;

(E) entering into an express or implied contract, by mail or otherwise, with a resident of this state to be performed in whole or in part by either party in this state;

(F) acting in this state as director, manager, trustee or other officer of any corporation organized under the laws of or having a place of business in this state or as executor or administrator of any estate in this state;

(G) causing to persons or property in this state an injury arising out of an act or omission outside this state by the defendant if, at the time of the injury, either:

(i) The defendant was engaged in solicitation or service activities in this state; or

(ii) products, materials or things processed, serviced or manufactured by the defendant anywhere were used or consumed in this state in the ordinary course of trade or use;

(H) living in a marital relationship in this state notwithstanding subsequent departure from this state, for all obligations arising for maintenance, child support or property settlement under the Kansas family law code, chapter 23 of the Kansas Statutes Annotated, and amendments thereto, if the other party to the marital relationship continues to reside in this state;

(I) serving as insurer of a person at the time of an act by the person which is the subject of an action in a court of competent jurisdiction in this state which results in judgment being taken against the person;

(J) having sexual intercourse in this state, in an action seeking to adjudge the person to be a parent of a child and in an action to require the person to provide support for a child as provided by law, if: (i) The conception of the child results from the act; and (ii) the other party to the act or the child continues to reside in this state;

(K) entering into an express or implied arrangement, whether by contract, tariff or otherwise, with a corporation or partnership residing or doing business in this state under which the corporation or partnership has supplied transportation services or communication service or equipment, including telephonic communication services, for a business or commercial user when the services supplied to the user are managed, operated or monitored in this state, provided that the person is given reasonable notice that arranging or continuing the transportation services or communication services may result in jurisdiction under this section; or

(L) having contact with this state which would support jurisdiction consistent with the constitutions of the United States and of this state.

(2) A person submits to the jurisdiction of the courts of this state for a claim for relief which did not arise in this state if substantial, continuous and systematic contact with this state is established which would support jurisdiction consistent with the constitutions of the United States and of this state.

(c) Section not exclusive. Nothing in this section affects the right to serve process in any other manner provided by law.

History: L. 1963, ch. 303, 60-308; L. 1971, ch. 195, § 1; L. 1972, ch. 221, § 1; L. 1976, ch. 253, § 1; L. 1982, ch. 152, § 23; L. 1986, ch. 215, § 16; L. 1989, ch. 178, § 1; L. 1990, ch. 202, § 9; L. 2000, ch. 175, § 4; L. 2006, ch. 49, § 1; L. 2010, ch. 135, § 153; L. 2012, ch. 162, § 77; May 31.

Notes of Decisions

Cited in 265 cases (30 in the last 5 years), 1966–2026 · leading case: Merriman v. Crompton Corp.

Sort: Relevance Newest Treatment

Merriman v. Crompton Corp. (2006) kan · cites it 34× “In analyzing whether there was a basis for personal jurisdiction, the Scrivner court noted that the plaintiffs had disclaimed any reliance on tire long arm statute, K.S.A. 60-308, and were not arguing that their cause of action arose out of the transaction of any business by the…”

Ling v. Jan's Liquors (1985) kan · cites it 23× “60-308(b)(2) to apply, it must be found that an injury which occurs in this state as a result of a negligent act outside this state is equivalent to the commission of a "tortious act within the state.”

Thermal Insulation Systems, Inc. v. Ark-Seal Corp. (1980) ksd · cites it 37× “Plaintiff alleges that jurisdiction over the defendant exists pursuant to the Kansas long arm statute: K.S.A. § 60-308. The specific statutory provision relied upon, K.”

Kluin v. American Suzuki Motor Corp. (2002) kan · cites it 23× “However, in his response to Suzuld’s motion to dismiss, he cites subsections (b)(1), (b)(2), and (b)(5) of K.S.A. 60-308, which provide, in part: “(b) Any person, whether or not a citizen or resident of this state, who in person or through an agent or instrumentality does any of…”

J. E. M. Corp. v. McClellan (1978) ksd · cites it 19× “statute, including subsection (b)(2), from the Illinois Civil Practice Act of 1955, Ill.”

Volt Delta Resources, Inc. v. Devine (1987) kan · cites it 14× “Defendants filed a motion to dismiss for lack of personal jurisdiction or in the alternative because Kansas was not a convenient jurisdiction to try the issues (forum non conveniens).”

Professional Investors Life Insurance v. Roussel (1978) ksd · cites it 13× “The problem before the Court is whether the acts alleged will support assumption of jurisdiction over each defendant under the Kansas long-arm statute, K.S.A. 60-308. The Court noted at the hearing that the nature and quality of each defendant’s contacts with Kansas differed…”

In re Marriage of Williams (2018) kan · cites it 3× “But in a case such as this, where Joann could only initiate the divorce action by serving process on Alfonza while he and his residence were located in a different state, K.S.A. 2017 Supp. 60-308 governs the basis for a Kansas court to exercise jurisdiction.”

Four B Corp. v. Ueno Fine Chemicals Industry, Ltd. (2003) ksd · cites it 30× “Section 60-308(b)(2) provides that any person submits to the jurisdiction of the Kansas courts “as to any cause of action arising from .”

AEROFLEX WICHITA, INC. v. Filardo (2012) kan · cites it 10× “The Kansas long-arm statute, K.S.A. 2011 Supp. 60-308(b), defines when Kansas exercises specific jurisdiction over a nonresident defendant.”

Schlatter v. Mo-Comm Futures, Ltd. (1983) kan · cites it 11× “Appellants raise two questions on appeal: (1) Has subject matter jurisdiction been preempted by federal law in favor of a federal agency, and (2) are these individual defendants subject to in personam jurisdiction in the Kansas courts under K.S.A. 1982 Supp. 60-308(b)?…”

Green Country Crude, Inc. v. Avant Petroleum, Inc. (1986) ksd · cites it 13× “In addressing the question of jurisdiction we must first determine whether defendant’s conduct falls within the scope of any of the enumerated provisions of the Kansas long arm statute, K.S.A. 60-308(b), authorizing service of process on nonresident defendants.”

Show all 265 citing cases →

— K.S.A. § 60-308(5) — 1 case

Eferakeya v. Twin City State Bank (1989) kan

— K.S.A. § 60-308(a) — 4 cases

Perry v. Perry (1981) kanctapp

National Bank of America at Salina v. Calhoun (1966) ksd

AkesoGenX Corp. v. Zavala (2017) kanctapp

Davis v. United States Department of Justice (2023) ksd

— K.S.A. § 60-308(a)(2) — 4 cases

In Re Marriage of Welliver (1994) kan

Hall v. Quivira Square Development Co. (1984) kanctapp

Pedi Bares, Inc. v. P & C Food Markets, Inc. (1977) ca10

Bayless v. Dieckhaus (2005) kanctapp

— K.S.A. § 60-308(a)(2)(A) — 2 cases

In Re Marriage of Welliver (1994) kan

Centrinex, LLC v. Darkstar Group, LTC (2022) ksd

— K.S.A. § 60-308(a)(2)(B) — 2 cases

Cessna Finance Corp. v. VYWB, LLC (2013) ksd

Centrinex, LLC v. Darkstar Group, LTC (2022) ksd

— K.S.A. § 60-308(a)(3) — 2 cases

In Re Marriage of Ruth (2004) kanctapp

AkesoGenX Corp. v. Zavala (2017) kanctapp

— K.S.A. § 60-308(a)(l) — 1 case

Todd v. Lakeland Chrysler-Plymouth-Dodge, Inc. (1992) kanctapp

— K.S.A. § 60-308(b) — 129 cases

Merriman v. Crompton Corp. (2006) kan “In analyzing whether there was a basis for personal jurisdiction, the Scrivner court noted that the plaintiffs had disclaimed any reliance on tire long arm statute, K.S.A. 60-308, and were not arguing that their cause of action arose out of the transaction of any business by the…”

Kluin v. American Suzuki Motor Corp. (2002) kan “However, in his response to Suzuld’s motion to dismiss, he cites subsections (b)(1), (b)(2), and (b)(5) of K.S.A. 60-308, which provide, in part: “(b) Any person, whether or not a citizen or resident of this state, who in person or through an agent or instrumentality does any of…”

Cotracom Commodity Trading AG v. Seaboard Corp. (2000) ksd

Energy Reserves Group, Inc. v. Superior Oil Co. (1978) ksd

AEROFLEX WICHITA, INC. v. Filardo (2012) kan “The Kansas long-arm statute, K.S.A. 2011 Supp. 60-308(b), defines when Kansas exercises specific jurisdiction over a nonresident defendant.”

— K.S.A. § 60-308(b)(1) — 28 cases

Volt Delta Resources, Inc. v. Devine (1987) kan “Defendants filed a motion to dismiss for lack of personal jurisdiction or in the alternative because Kansas was not a convenient jurisdiction to try the issues (forum non conveniens).”

Thermal Insulation Systems, Inc. v. Ark-Seal Corp. (1980) ksd “Plaintiff alleges that jurisdiction over the defendant exists pursuant to the Kansas long arm statute: K.S.A. § 60-308. The specific statutory provision relied upon, K.”

Etienne v. Wolverine Tube, Inc. (1998) ksd

Green Country Crude, Inc. v. Avant Petroleum, Inc. (1986) ksd “In addressing the question of jurisdiction we must first determine whether defendant’s conduct falls within the scope of any of the enumerated provisions of the Kansas long arm statute, K.S.A. 60-308(b), authorizing service of process on nonresident defendants.”

Environmental Ventures, Inc. v. Alda Services Corp. (1994) kanctapp

— K.S.A. § 60-308(b)(1)(A) — 9 cases

AEROFLEX WICHITA, INC. v. Filardo (2012) kan “The Kansas long-arm statute, K.S.A. 2011 Supp. 60-308(b), defines when Kansas exercises specific jurisdiction over a nonresident defendant.”

MR. CINNAMON OF KANSAS, INC. v. Hall (2009) kanctapp

Mr. Cinnamon of Kansas, Inc. v. Hall (2009) kanctapp

Freedom Transportation, Inc. v. Navistar International Corporation (2019) ksd

Butler v. Daimler Trucks North America LLC (2020) ksd

— K.S.A. § 60-308(b)(1)(B) — 7 cases

Midwest Manufacturing, Inc. v. Ausland (2012) kanctapp

L.S. v. C.S. (2022) kanctapp

Freedom Transportation, Inc. v. Navistar International Corporation (2019) ksd

Butler v. Daimler Trucks North America LLC (2020) ksd

— K.S.A. § 60-308(b)(1)(E) — 10 cases

MR. CINNAMON OF KANSAS, INC. v. Hall (2009) kanctapp

Mr. Cinnamon of Kansas, Inc. v. Hall (2009) kanctapp

Temple v. Ghadimi (2023) ksd

Freedom Transportation, Inc. v. Navistar International Corporation (2019) ksd

Rhythm Engineering, LLC v. A.D. Electric, Inc. (2021) ksd

— K.S.A. § 60-308(b)(1)(F) — 1 case

Lucas v. Dadson Manufacturing Corporation (2021) ksd

— K.S.A. § 60-308(b)(1)(H) — 2 cases

In re Marriage of Williams (2018) kan “But in a case such as this, where Joann could only initiate the divorce action by serving process on Alfonza while he and his residence were located in a different state, K.S.A. 2017 Supp. 60-308 governs the basis for a Kansas court to exercise jurisdiction.”

In re Marriage of Gracey and Albawardi (2026) kanctapp

— K.S.A. § 60-308(b)(1)(L) — 10 cases

Hutton & Hutton Law Firm, LLC v. Girardi & Keese (2015) ksd

L.S. v. C.S. (2022) kanctapp

Reverse My Fees, LLC v. True POS Solutions, Inc. (2023) ksd

Haarslev, Inc. v. Christensen Machine, Inc. <b><font color=\red\"> Case Consolidated for Discovery All Non-Dispositive f (2024) ksd

Haarslev, Inc. v. Tom's Metal Enterprises, LLC (2024) ksd

— K.S.A. § 60-308(b)(10) — 4 cases

J. E. M. Corp. v. McClellan (1978) ksd “statute, including subsection (b)(2), from the Illinois Civil Practice Act of 1955, Ill.”

Professional Investors Life Insurance v. Roussel (1978) ksd “The problem before the Court is whether the acts alleged will support assumption of jurisdiction over each defendant under the Kansas long-arm statute, K.S.A. 60-308. The Court noted at the hearing that the nature and quality of each defendant’s contacts with Kansas differed…”

Carrington v. Unseld (1996) kanctapp

— K.S.A. § 60-308(b)(2) — 44 cases

Ling v. Jan's Liquors (1985) kan “60-308(b)(2) to apply, it must be found that an injury which occurs in this state as a result of a negligent act outside this state is equivalent to the commission of a "tortious act within the state.”

Fidelity State Bank, Garden City, Kan. v. Oles (1991) ksd

J. E. M. Corp. v. McClellan (1978) ksd “statute, including subsection (b)(2), from the Illinois Civil Practice Act of 1955, Ill.”

— K.S.A. § 60-308(b)(4) — 1 case

Stephenson v. Barringer (1991) ksd

— K.S.A. § 60-308(b)(5) — 35 cases

Continental American Corporation, D/B/A Pioneer Balloon Company, Plaintiff v. Camera Controls Corporation, D/B/A Max Bal (1982) ca10

Universal Premium Acceptance Corp. v. Oxford Bank & Trust (2003) ksd

Pehr v. Sunbeam Plastics Corp. (1995) ksd

Carrothers Construction Co. v. Quality Service & Supply, Inc. (1984) ksd

— K.S.A. § 60-308(b)(6) — 3 cases

Schlatter v. Mo-Comm Futures, Ltd. (1983) kan “Appellants raise two questions on appeal: (1) Has subject matter jurisdiction been preempted by federal law in favor of a federal agency, and (2) are these individual defendants subject to in personam jurisdiction in the Kansas courts under K.S.A. 1982 Supp. 60-308(b)?…”

Blair-Naughton, L.L.C. v. Diner Concepts, Inc. (2008) ksd

— K.S.A. § 60-308(b)(7) — 13 cases

J. E. M. Corp. v. McClellan (1978) ksd “statute, including subsection (b)(2), from the Illinois Civil Practice Act of 1955, Ill.”

Four B Corp. v. Ueno Fine Chemicals Industry, Ltd. (2003) ksd “Section 60-308(b)(2) provides that any person submits to the jurisdiction of the Kansas courts “as to any cause of action arising from .”

Midwest Elevator Systems, Inc. v. St. Paul Fire and Marine Insurance (1981) ksd

— K.S.A. § 60-308(b)(7)(A) — 1 case

Worthington v. Small (1999) ksd

— K.S.A. § 60-308(b)(7)(B) — 2 cases

St. Paul Surplus Lines Insurance v. International Playtex, Inc. (1989) kan

Johnson v. Goodyear S.A. Colmar Berg (1989) ksd

— K.S.A. § 60-308(b)(7)(H) — 1 case

Midwest Elevator Systems, Inc. v. St. Paul Fire and Marine Insurance (1981) ksd

— K.S.A. § 60-308(b)(7)(i) — 1 case

Odam v. Arthur Murray, Inc. (1980) kanctapp

— K.S.A. § 60-308(b)(7)(ii) — 1 case

Midwest Elevator Systems, Inc. v. St. Paul Fire and Marine Insurance (1981) ksd

— K.S.A. § 60-308(b)(8) — 4 cases

In Re the Marriage of Brown (1990) kan

In Re Marriage of Ruth (2004) kanctapp

Marriage of Salas v. Salas (2001) kanctapp

Kendall v. Kendall (1978) kan

— K.S.A. § 60-308(b)(A) — 2 cases

Haarslev, Inc. v. Christensen Machine, Inc. <b><font color=\red\"> Case Consolidated for Discovery All Non-Dispositive f (2024) ksd

Haarslev, Inc. v. Tom's Metal Enterprises, LLC (2024) ksd

— K.S.A. § 60-308(b)(l) — 42 cases

Dirks v. Carnival Cruise Lines (1986) ksd

J. E. M. Corp. v. McClellan (1978) ksd “statute, including subsection (b)(2), from the Illinois Civil Practice Act of 1955, Ill.”

— K.S.A. § 60-308(b)(l)(A) — 2 cases

AEROFLEX WICHITA, INC. v. Filardo (2012) kan “The Kansas long-arm statute, K.S.A. 2011 Supp. 60-308(b), defines when Kansas exercises specific jurisdiction over a nonresident defendant.”

Gfsi, Inc. v. Comfort Knitwears (Pvt), Ltd. (2010) ksd

— K.S.A. § 60-308(b)(l)(B) — 3 cases

AEROFLEX WICHITA, INC. v. Filardo (2012) kan “The Kansas long-arm statute, K.S.A. 2011 Supp. 60-308(b), defines when Kansas exercises specific jurisdiction over a nonresident defendant.”

Sheldon v. Khanal (2008) ksd

Arnold v. Maxmind, Inc. (2016) ksd

— K.S.A. § 60-308(b)(l)(G) — 1 case

Arnold v. Maxmind, Inc. (2016) ksd

— K.S.A. § 60-308(bX5) — 1 case

— K.S.A. § 60-308(bX6) — 1 case

J. E. M. Corp. v. McClellan (1978) ksd “statute, including subsection (b)(2), from the Illinois Civil Practice Act of 1955, Ill.”

— K.S.A. § 60-308(bXl) — 1 case

— K.S.A. § 60-308(c) — 1 case

US Sprint Communications Co. v. Boran (1988) ksd

— K.S.A. § 60-308(c)(2) — 1 case

Hall v. Quivira Square Development Co. (1984) kanctapp

— K.S.A. § 60-308(d) — 2 cases

Novak v. Mutual of Omaha Insurance (2001) kanctapp

Porter v. Wells Fargo Bank, N.A. (2011) kanctapp

— K.S.A. § 60-308(e) — 5 cases

Beck v. Atlantic Contracting Co. (1994) ksd

Howard v. Jenny's Country Kitchen, Inc. (2004) ksd

Kasting v. American Family Mutual Insurance (2000) ksd

US Sprint Communications Co. v. Boran (1988) ksd

Cessna Finance Corp. v. VYWB, LLC (2013) ksd

— K.S.A. § 60-308(fc)(2) — 1 case

Slayden v. Sixta (1991) kanctapp

— K.S.A. § 60-308(fe) — 2 cases

Odam v. Arthur Murray, Inc. (1980) kanctapp

— K.S.A. § 60-308(fe)(5) — 1 case

Aspen Products, Inc. v. Global Distributors, Inc. (1997) kanctapp

— K.S.A. § 60-308(fe)(8) — 1 case

Perry v. Perry (1981) kanctapp

— K.S.A. § 60-308(fe)(l) — 1 case

Rosedale State Bank & Trust Co. v. Stringer (1978) kanctapp

— K.S.A. § 60-308(h) — 2 cases

Davis v. Grace (1980) kanctapp

— K.S.A. § 60-308(h)(1) — 1 case

Odam v. Arthur Murray, Inc. (1980) kanctapp

— K.S.A. § 60-308(h)(2) — 1 case

— K.S.A. § 60-308(h)(5) — 2 cases

Davis v. Grace (1980) kanctapp

Odam v. Arthur Murray, Inc. (1980) kanctapp

— K.S.A. § 60-308(h)(6) — 1 case

— K.S.A. § 60-308(h)(8) — 2 cases

Kendall v. Kendall (1978) kan

Guye v. Guye (1982) kanctapp

— K.S.A. § 60-308(h)(l) — 2 cases

Davis v. Grace (1980) kanctapp

Odam v. Arthur Murray, Inc. (1980) kanctapp

— K.S.A. § 60-308(o) — 1 case

Gideon v. Gates (1980) kanctapp

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.