8-401.
Service of process against nonresidents or their representatives; definitions.
(a) As used in this act, each of the following words and terms, unless the context clearly requires otherwise, shall have the meaning respectively ascribed to it in this section:
(1) "Nonresident" or "nonresident person" shall mean: (A) A person who is a nonresident of this state; (B) a person who is a resident of this state and who departs from this state subsequent to the accident or collision from which the action or proceeding against such person or a representative of such person arose and remains absent from this state for thirty (30) days continuously, whether such absence is intended to be temporary or permanent; (C) a person who at the time of the accident or collision from which the action or proceeding arose was a resident of this state but who has subsequently thereto become a nonresident of this state;
(2) "representative" shall have the meaning respectively ascribed to it in subsection (1) of K.S.A. 59-102.
(b) The acceptance by a nonresident person of the rights and privileges conferred by existing laws to operate motor vehicles on the public highways of the state of Kansas, or the operation by a nonresident person, or an authorized chauffeur of such nonresident, or agent, of a motor vehicle on the said highways, other than under said laws, shall be deemed equivalent to an appointment by such nonresident of the secretary of state of the state of Kansas, or the secretary's successor in office, to be such nonresident's true and lawful agent, upon whom may be served all lawful process in any action or proceeding against said nonresident or a representative of said nonresident growing out of any accident or collision in which said motor vehicle may be involved, while same is operated in the state of Kansas by said nonresident, or by an authorized chauffeur of said nonresident or agent; and said acceptance or operation of said vehicle shall be a signification of agreement that any such process which is so served on the secretary of state shall be of the same legal force and validity as if served upon said nonresident or a representative of said nonresident personally within the state.
History:
L. 1935, ch. 72, § 1; L. 1959, ch. 50, § 1; L. 1961, ch. 54, § 1; July 1.
Notes of Decisions
Cited in
13
cases, 1950–1991 · leading case:
Beebe v. Chavez, 602 P.2d 1279 (Kan. 1979).
Beebe v. Chavez, 602 P.2d 1279 (Kan. 1979).
· cites it 2× “§ 8-401 et seq. Professor Bodenheimer, commenting upon the emergency jurisdiction provisions of the Uniform Child Custody Jurisdiction Act, says: "One of the basic tenets of the Act is that the physical presence of a child in a state does not confer on that state jurisdiction to…”
Jackson v. Am. Best Freight Sys., Inc., 709 P.2d 983 (Kan. 1985).
“On December 16, 1982, the plaintiff obtained an order from the district court directing service on all nonresident defendants pursuant to K.S.A. 8-401 and K.S.A. 8-402. On December 21, 1982, the Shawnee County District Court Clerk directed service on the Secretary of State for…”
Jones v. Garrett, 386 P.2d 194 (Kan. 1963).
“Sections 8-401 and 8-402 of the motor vehicle act of this state, as amended by the 1961 act, set forth the manner of serving process on a nonresident operator or upon the operator who at the time of an accident was a resident of Kansas but since has become a nonresident.”
Carter v. Kretschmer, 577 P.2d 1211 (Kan. Ct. App. 1978).
“K.S.A. 8-401 and 8-402 designate the secretary of state as the agent of nonresident motorists for the purpose of receiving process arising out of accidents occurring in this state.”
Garrison v. Vu, 653 P.2d 824 (Kan. Ct. App. 1982).
· cites it 2× “The court stated the following in response to the plaintiff’s argument: “Resolution of the issue raised requires consideration of our statutes relating to service of process upon nonresident motorists.”
Eisman v. Martin, 258 P.2d 296 (Kan. 1953).
· cites it 6× “o the preceding section, shall be as follows, to wit: The plaintiff shall file a verified petition in one of the district courts or magistrate courts of the state as established by chapter 20, article 25, General Statutes of 1949, in the county where the cause of action arose or…”
Thurman v. Consol. Sch. Dist. No. 128, 94 F. Supp. 616 (D. Kan. 1950).
“It will be denied as to the other moving defendants. Counsel for movants will prepare appropriate order for the court’s signature.”
Merz v. Dixon, 95 F. Supp. 193 (D. Kan. 1951).
· cites it 4× “” He relies upon the concluding sentence of Section 8-401, shown in footnote 1, making the operation of a motor vehicle on the highways of Kansas, “a signification of his [the owner’s] agreement that * * * process against him * * * served on the secretary of state shall be of…”
Ruggles v. Smith, 259 P.2d 199 (Kan. 1953).
· cites it 2× “Section 8-401 provides that the acceptance by a nonresident person of the rights and privileges conferred by existing laws to operate motor vehicles on the public highways of the state of Kansas, or the operation by a nonresident person, or his authorized agent, of a motor…”
Johnson v. Melback, 612 P.2d 188 (Kan. Ct. App. 1980).
“§ 8-401 et seq. “Professor Bodenheimer, commenting upon the emergency jurisdiction provisions of the Uniform Child Custody Jurisdiction Act, says: “ ‘One of the basic tenents of the Act is that the physical presence of a child in a state does not confer on that state…”
Garrison v. Vu, 662 P.2d 1191 (Kan. 1983).
· cites it 7× “This section shall not apply to extend the period of limitation as to any defendant whose where *238 abouts are known and upon whom service of summons can be effected under the provisions of article 3 of this chapter.” (Emphasis supplied.) The trial court held the two-year…”
Atkinson v. Dalton, 348 P.2d 644 (Kan. 1960).
· cites it 6× “showing a cause of action against the defendant of the class contemplated in section 8-401 of the General Statutes of 1949; and shall further show in said petition or by affidavit, to the satisfaction of the judge of said court, that the defendant is one of the persons…”
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