Kansas Statutes Annotated

K.S.A. § 60-312 (2026)

Proof of service

✓ current as of May 2026

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60-312. Proof of service. Proof of service must be filed with the court and made as follows:

(a) Personal and residence service. (1) Every officer to whom summons or other process is delivered for service must make a statement subject to penalty of perjury as provided in K.S.A. 21-5903, and amendments thereto, as to the time, place and manner of service.

(2) If process is delivered to a person, other than an officer, for service, the person must make an affidavit or a declaration pursuant to K.S.A. 53-601, and amendments thereto, as to the time, place and manner of service.

(b) Service by return receipt delivery. Service by return receipt delivery must be proved in the manner provided by subsection (c) of K.S.A. 60-303, and amendments thereto.

(c) Publication service. Service by publication must be proved by an affidavit or a declaration pursuant to K.S.A. 53-601, and amendments thereto, showing the dates on which and the newspaper in which notice was published. A copy of the notice must be filed with the affidavit or declaration. When mailing of copies of the publication notice is required by subsection (e) of K.S.A. 60-307, and amendments thereto, the proof of mailing must be by affidavit or by declaration pursuant to K.S.A. 53-601, and amendments thereto, of the person who mailed the copies. If mailing was by certified mail, the return receipt must be filed with the affidavit or declaration.

(d) Time for return. An officer or other person receiving a summons or other process for service must file a return of service not later than 14 days after the service is effected. If the summons or other process cannot be served it must be returned to the court within 30 days after the date issued with a statement of the reason for the failure to serve it, except the court may extend the time for service up to 90 days after the date issued. Upon receipt of the return on any summons or other process, the clerk must serve a copy of the return on the attorney for the party requesting issuance of the summons or other process or, if the party has no attorney, on the requesting party.

History: L. 1963, ch. 303, 60-312; L. 1969, ch. 283, § 1; L. 1970, ch. 235, § 2; amended by Supreme Court order dated July 28, 1976; L. 1986, ch. 215, § 17; L. 1990, ch. 202, § 11; L. 1998, ch. 100, § 1; L. 2000, ch. 175, § 5; L. 2010, ch. 135, § 157; L. 2011, ch. 30, § 214; July 1.

Notes of Decisions

Cited in 16 cases (6 in the last 5 years), 1926–2025 · leading case: Steele v. City of Wichita, 826 P.2d 1380 (Kan. 1992).

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Steele v. City of Wichita, 826 P.2d 1380 (Kan. 1992). · cites it 3× “In addition, K.S.A. 1991 Supp. 60-312(a) distinguishes between the manner in which officers and nonoflficers return proof of service.”

Sharp v. Sharp, 117 P.2d 561 (Kan. 1941). · cites it 2× “” It is obvious we must determine whether the judgment sued on was an “implied contract” within the meaning of subdivision two of section 60-306, and whether the word “contract” in section 60-312 is broad enough to embrace such judgment.”

Cook v. Freeman, 825 P.2d 1185 (Kan. Ct. App. 1992). · cites it 2× “*559 K.S.A. 1991 Supp. 60-312(d) states that service must be returned “promptly and in any event within 10 days after the service is effected.”

State v. Marshall & Brown-Sidorowicz, P.A., 577 P.2d 803 (Kan. Ct. App. 1978). “Three reasons are advanced as to why the service was improper: (1) Each summons was directed to the Sheriff of Wyandotte County but was served by a specially appointed process server; (2) the affidavit of service does not show the time of service as required by K.”

Est. of Norris ex rel. Norris v. Hastings, 141 P.3d 511 (Kan. Ct. App. 2006). “The return was made by the sheriff, and the clerk of the district court mailed a copy of the return to the plaintiffs attorney in conformity with K.S.A. 60-312(d). Subsequently, there was no amendment of return as required in K.”

Bray v. Bayles, 609 P.2d 1146 (Kan. Ct. App. 1980). “K.S.A. 60-312(d) provides in pertinent part: “Immediately upon receipt of the return upon any summons or other process 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…”

Bd. of Cnty. Commissioners v. Knight, 574 P.2d 575 (Kan. Ct. App. 1978). “Martha Ellen Knight’s name and address were listed in the sworn affidavit, yet no affidavit of mailing was filed with the court as required by K.S.A. 60-312(c). The reason an affidavit of mailing was not filed is that a copy of the publication notice was not mailed to Mrs.”

State v. Carter, 955 P.2d 119 (Kan. 1998). “60-302; K.S.A. 60-312, and the summons forms set forth at the appendix following K.”

Towers v. Unified Gov't of Wyandotte Cnty. & Kansas City, Kansas (D. Kan. 2025). · cites it 6× “Plaintiff’s Arguments in Favor of Sufficient Service Plaintiff contends that her efforts effected valid service because she (1) served the Defendants under Rule 5 and (2) complied with “K.S.A. § 60-312 Service by publication.”30 Both of these arguments are unavailing, and they…”

Burdue v. Lamb, 243 P. 1029 (Kan. 1926). · cites it 2× “The only question argued is, Did the written application for fire insurance constitute such an acknowledgment of the debt as would take it out of the operation of "the statute of' limitations? Section 60-312 of the Revised Statutes reads: “In any case founded on contract, when…”

Muhammad v. Ross (D. Kan. 2021). · cites it 4× “6 6 For service on Cheryl, Kendra asserts in a footnote that plaintiffs failed to comply with Kansas’s service of process requirements in Kan. Stat. Ann. § 60-312 because the plaintiffs did not return their proof of service on Cheryl in the prescribed 14 days.”

Johnson v. Ross (D. Kan. 2021). · cites it 4× “6 6 For service on Cheryl, Kendra asserts in a footnote that plaintiffs failed to comply with Kansas’s service of process requirements in Kan. Stat. Ann. § 60-312 because the plaintiffs did not return their proof of service on Cheryl in the prescribed 14 days.”

Show all 16 citing cases →

— K.S.A. § 60-312(a) — 1 case

Steele v. City of Wichita, 826 P.2d 1380 (Kan. 1992). “In addition, K.S.A. 1991 Supp. 60-312(a) distinguishes between the manner in which officers and nonoflficers return proof of service.”

— K.S.A. § 60-312(a)(1) — 1 case

Steele v. City of Wichita, 826 P.2d 1380 (Kan. 1992). “In addition, K.S.A. 1991 Supp. 60-312(a) distinguishes between the manner in which officers and nonoflficers return proof of service.”

— K.S.A. § 60-312(a)(2) — 2 cases

Steele v. City of Wichita, 826 P.2d 1380 (Kan. 1992). “In addition, K.S.A. 1991 Supp. 60-312(a) distinguishes between the manner in which officers and nonoflficers return proof of service.”

— K.S.A. § 60-312(c) — 1 case

— K.S.A. § 60-312(d) — 4 cases

Cook v. Freeman, 825 P.2d 1185 (Kan. Ct. App. 1992). “*559 K.S.A. 1991 Supp. 60-312(d) states that service must be returned “promptly and in any event within 10 days after the service is effected.”

In re Marriage of Bailey (Kan. Ct. App. 2021).

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