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.
8-402: Procedure in procuring service pursuant to 8-401.
The manner of procuring and
serving process in any cause, brought
pursuant to the preceding section, shall be as follows, to wit: The
plaintiff shall file a verified petition in the district court in the county
where the cause of action arose or the plaintiff
resides, showing a cause of action against the defendant of the class
contemplated in K.S.A. 8-401, 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 contemplated in said K.S.A. 8-401, and the
residence of said defendant, and a description of the car or motor vehicle
claimed to have been operated by the said defendant or an agent of the
defendant, as near as the same can reasonably be ascertained by the
plaintiff; and the time, place and nature of such accident, or injury. Upon
such showing being made, the judge shall make an order, directing that
service of process be made on the defendant as provided in said K.S.A.
8-401; and also, that a copy of the process, and petition, and of said
order, and a notice that the same have been served upon the secretary of
state, pursuant to this act, be delivered to the defendant by registered
mail or personally without the state by a sheriff or deputy sheriff in such
state. Proof of such service shall be made by affidavit filed in said cause
by the person making said service, and service shall be deemed complete
thirty (30) days from the date the affidavit is filed by the person making
the service stating that such personal service has been made on the
defendant and giving the date thereof. The court in which the action is
pending shall, upon affidavit submitted upon behalf of the defendant, grant
such additional time to answer, or continuances, as shall be reasonably
necessary to allow defendant full opportunity to plead and prepare for the
trial of the said cause.
History: L. 1935, ch. 72, § 2; L. 1951, ch. 109, § 1; L. 1961,
ch. 54, § 2; L. 1963, ch. 55, § 1; L. 1965, ch. 64, § 1; L. 1976,
ch. 145, § 30; Jan. 10, 1977.
8-403: Consent to personal service of process by acceptance of title
or registration certificate by resident of state; additional method for
serving process.
The acceptance by a resident of this state of a certificate of title or
ownership or a certificate of registration or any renewal thereof, issued
under the motor vehicle laws of this state, shall constitute the consent by
the person that personal service of lawful process may be made upon the
person at any place where he or she may be found, whether or not the person
is then a resident of this state, with the same force and effect as though
served within this state, in any action or proceeding brought in the courts
of this state against such person arising in this state out of the
ownership or operation of the vehicle. This section provides, and shall be
construed as providing for an additional method for the serving of process
in those cases to which it is applicable; and it shall not be construed as
repealing or superseding any other existing law relating to the serving of
process.
History: L. 1961, ch. 54, § 3; July 1.
8-404: Consent to personal service of process by acceptance of
operator's or chauffeur's license by resident of state; additional method
for serving process.
The acceptance or retention by a resident of this state of an operator's
or chauffeur's license issued pursuant to the operators' and chauffeurs'
license act of this state, shall constitute the consent of the person that
personal service of process may be made upon the person at any place where
he or she may be found and whether or not the person is then a resident of
this state, with the same force and effect as if served within this state,
in any action or proceeding brought in the courts of this state against
such person arising in this state out of his or her driving a motor vehicle
upon a highway in this state. This section provides, and shall be construed
as providing for an additional method for the serving of process in those
cases to which it is applicable; and it shall not be construed as repealing
or superseding any other existing law relating to the serving of process.
History: L. 1961, ch. 54, § 4; July 1.
8-405: Invalidity of part.
If any section or part of a section of this act shall be held
unconstitutional by any court, it shall be conclusively presumed that the
legislature would have passed this act without such invalid section or part
of a section, and the remaining provisions shall be given full force and
effect, as if the part held unconstitutional had not been included herein.
History: L. 1961, ch. 54, § 5; July 1.