Kan. R. Jud. Dist. 7

As amended through October 30, 2024

Rule 7 - Preparation of Process

Process, including but not limited to summonses, subpoenas, writs of attachments, writs of execution and orders of garnishment, shall be prepared by the party or attorney requesting the issuance of such process by the clerk of the court.

Attached hereto is a suggested form of summons.

IN THE DISTRICT COURT OF ______________ COUNTY, KANSAS

CASE NO. ________

______________________________

______________________________

Petitioner/Plaintiff

______________________________

______________________________

Respondent/Defendant

A. ____ Ch. 60 In KS (Personal Service)

B. ____ Ch. 60 Outside KS (Personal Service)

C. ____ Ch. 60 In KS (Certified Mail)

D. ____ Ch. 60 Outside KS (Certified Mail)

E. ____ Ch. 61 In KS (Personal Service)

F. ____ Ch. 61 Outside KS (Personal Service)

G. ____ Ch. 61 In KS (Certified Mail)

H. ____ Ch. 61 Outside KS (Certified Mail)

I. ____ Commissioner of Insurance

J. ____ Secretary of State

K. ____ Other

SUMMONS

To the above-named Respondent/Defendant:

You are hereby notified that an action has been commenced against you in this court. You are required to file your answer to the petition with the court and to serve a copy upon __________________________, petitioner's/plaintiff's attorney, at ____________________;

____ A. Within 20 days after service of summons upon you.

____ B. Within 30 days after service of summons upon you.

____ C. Within 20 days after the registered or certified mail is signed or refused by you.

____ D. Within 30 days after the registered or certified mail is signed or refused by you.

____ E. Prior to _______________, 19__, at _______ o'clock _.m., or be present then.

____ F. Within 30 days after service of summons upon you or be present at _______ o'clock _.m. on _____________________, 19__.

____ G. Prior to ___________________, 19__, at _______ o'clock _.m., or be present at that time.

____ H. Within 30 days after the registered or certified mail is signed or refused by you, or be present at ______ o'clock _.m. on ___________________, 19__.

____ I. Within 40 days from the date of this summons.

____ J. Within 30 days after service of summons upon the Secretary of State.

____ K. Other: __________________________________________________________

__________________________________________________________

If you fail to do so, judgment by default may be taken against you for the relief demanded in the petition. Any related claim which you may have against the petitioner/plaintiff must be stated as a counterclaim in your answer, or you may thereafter be barred from making such claim in any other action.

(Seal of the Court)

_____________________________

Clerk of the District Court

Dated ___________________________

BY: _____________________________

Deputy Clerk

Case No. ___________

[ ] If checked, your return is due no later than the date stated in this summons for the respondent/ defendant to either appear or plead to the petition EXCEPT:

____ Three (3) days before date stated in this summons (forcible detainer cases only)

____ Five (5) days before date stated in this summons (all other Chapter 61 cases).

RETURN ON SERVICE OF SUMMONS

I hereby certify under penalty of perjury that I have served this summons:

(1) Personal Service. By delivering a copy of such summons and a copy of the petition to each of the following defendants on the dates indicated:

(Name)______________________, (Date)__________, 20__; (Name)____________________, (Date)___________, 20__

(2) Residence Service. By leaving a copy of such summons and a copy of the petition at the usual place of residence of each of the following defendants with some person of suitable age and discretion residing therein on the dates indicated:

(Name)______________________, (Date)__________, 20__; (Name)____________________, (Date)___________, 20__

(3) Residence Service and Mailing. By leaving a copy of the summons and a copy of the petition at the usual place of residence of each of the following defendants and mailing by first-class mail on the dates indicated a notice that such copies have been so left:

(Name)______________________, (Date)__________, 20__; (Name)____________________, (Date)___________, 20__

(4) Certified Mail Service. By mailing on the ______ day of _____________________, 20__, a copy of such summons and a copy of the petition by certified mail, return receipt requested, to each of the following defendants and that the names and addresses on the envelopes containing the process mailed by certified mail, return receipt requested, were as follows: _____________________________________________________________________________

_____________________________________________________________________________

(5) Certified Mail Service Refused. By mailing on the _____ day of _______________, 20__, a copy of the summons and a copy of the petition by first-class mail, addressed to ____________________________ at ______________________.

(6) Agent Service. By delivering a copy of the summons and a copy of the petition to each of the following agents authorized by appointment or by law to receive service of process on the dates indicated:

(Name)______________________, (Date)__________, 20__; (Name)____________________, (Date)___________, 20__

(7) No Service. The following defendants were not found in this county:

_____________________________________________________________________________

Dated __________________ _______________________________

_____________________________________

(Signature and Title of Officer)

Fees: $__________________

Kan. R. Jud. Dist. 7