60-517.
When defendant out of state.
If when a cause of action accrues against a person he or she be out of the state, or has absconded or concealed himself or herself, the period limited for the commencement of the action shall not begin to run until such person comes into the state, or while he or she is so absconded or concealed, and if after the cause of action accrues he or she depart from the state, or abscond or conceal himself or herself, the time of the absence or concealment shall not be computed as any part of the period within which the action must be brought. This section shall not apply to extend the period of limitation as to any defendant whose whereabouts are known and upon whom service of summons can be effected under the provisions of article 3 of this chapter.
History:
L. 1963, ch. 303, 60-517; January 1, 1964.
Notes of Decisions
Cited in
30
cases (
1 in the last 5 years), 1968–2022 · leading case:
Gideon v. Gates
Gideon v. Gates (1980)
kanctapp · cites it 26×
“60-513( a )(4) unless the operation of that statute is tolled by K.S.A. 60-517, which provides in relevant part: "[I]f after the cause of action accrues he or she [ i.”
Moore v. Luther Ex Rel. Luther (2003)
ksd · cites it 14×
“Plaintiffs moved to alter or amend alleging, inter alia, Russell’s misconduct in filing an answer for a dead defendant. At the hearing on the motion, plaintiffs added the argument that the defense’s concealment of Luther’s whereabouts tolled the statute of limitations pursuant…”
Slayden v. Sixta (1992)
kan · cites it 6×
“The Court of Appeals affirmed, rejecting Slayden’s assertions that (1) the two-year limitation was tolled under K.S.A. 60-517 by the absence of Sixta from the state, and (2) the 90-day relation back period to obtain service under K.”
Underhill v. Thompson (2007)
kanctapp · cites it 6×
“Underhill argues that the statute of limitations was tolled under K.S.A. 60-517. K.S.A. 60-517 states: “If when a cause of action accrues against a person he or she be out of the state, or has absconded or concealed himself or herself, the period limited for the commencement of…”
Lowe v. Surpas Resource Corp. (2003)
ksd · cites it 4×
“K.S.A. § 60-517. However, “[t]he mere inability of a plaintiff to locate a defendant where there has been no attempt by defendant to conceal himself is not sufficient to establish concealment within the meaning of the tolling statute.”
Hogue v. Johnson (1999)
kanctapp · cites it 8×
“On August 6, 1997, Judge Lahey entered an order pursuant to K.S.A. 60-517 that the service of process upon Johnson would not expire so long as Johnson continued to conceal himself from service of process.”
Bayless v. Dieckhaus (2005)
kanctapp · cites it 10×
“On appeal, Bayless argues *621 that the statute of limitations was tolled under K.S.A. 60-517. We disagree with Bayless’ argument.”
Moore v. Luther (2001)
kanctapp · cites it 2×
“At hearing, plaintiffs added the argument that the defense’s concealment of Glen Luther’s whereabouts tolled the statute of limitations pursuant to K.S.A. 60-517. The trial court found 60-517 inapplicable because there was no evidence that defendant was out of state when the…”
Watson v. Jones (1980)
kan · cites it 2×
“See K.S.A. 60-517. Defendant filed a motion for summary judgment based on the running of the statute of limitations.”
Bray v. Bayles (1980)
kan · cites it 2×
“) We have concluded that the Court of Appeals correctly decided this issue in holding that absence from the state, as contemplated by K.S.A. 60-517, means beyond the reach of process from the Kansas courts.”
In Re the Appeal of Sumner County (1997)
kan · cites it 2×
“The Court of Appeals rejected Slayden's assertions that (1) the 2-year limitation was tolled under K.S.A. 60-517 by the absence of Sixta from the state and (2) the 90-day relation back period to obtain service under K.”
Carter v. Kretschmer (1978)
kanctapp · cites it 3×
“As authority for his position, plaintiff relies on K.S.A. 60-517, which reads in pertinent part: “[A]nd if after the cause of action accrues he or she depart from the state .”
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.