Kan. Stat. Ann. § 60-205

Section 60-205(b) provides that service by mail is complete upon mailing.

Wheat State Telephone Co. v. State Corporation Comm. · filed 1965-07-10(b)

Service by mail is considered complete upon mailing (K. S. A. 60-205 [&].)

Section 60-205(b) provides that service by mail is complete upon mailing.

In Re Lewis · filed 1998-07-10(b)

First, the Disciplinary Administrator served respondent with notice of the hearing before the panel by both regular and certified mail. Respondent failed to claim the certified mailing, and it was returned before the January 6, 1998, panel hearing. The regular mailing was returned after the hearing and marked “return to sender.” Service by mail is complete upon mailing. Supreme Court Rule 224(b) (1997 Kan. Ct. R. An-not. 253); K.S.A. 60-205(b).

Section 60-205(b)(2) permits service by mailing a paper to the attorney or party at the last known address, but it does not extend a separate deadline that runs from an administrative law judge's action.

Anderson v. Bill Morris Construction Co. · filed 1998-10-30(b)(2)

K.S.A. 60-205(b)(2) also states that service may be made by “mailing it to the attorney or a party at the last known address.” Nevertheless, the fact that K.S.A. 77-613(e) and K.S.A. 60-205(b)(2) require service of an order or other papers to be mailed to the last known address of the party or the parties’ attorney does not extend the 10-day rule under K.S.A. 1996 Supp. 44-551(b)(l) just because the notice was not mailed to the last known address of the parties’ attorney.

Section 60-205(b) makes service by mail complete upon mailing; actual receipt is unnecessary.

City of Dodge City v. Rabe · filed 1990-06-15(b)

In a civil case, service is provided for by statute: “Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or a party or by mailing it to the attorney or a party at the last known address or, if no address is known, by leaving it with the clerk of the court. . . . Service by mail is complete upon mailing.” K.S.A. 1989 Supp. 60-205(b). ... Whether the city attorney and the municipal court; *475actually received the notice is immaterial.

Section 60-205 permits service of an order on a party by mailing it to the party’s last known address, including an order to appear for a hearing in aid of execution after the party submits to personal jurisdiction.

Elkhart Cooperative Equity Exchange v. Hicks · filed 1991-12-20(a), (b)

According to K.S.A. 1990 Supp. 60-205(a) and (b), orders are to be served on parties and can be mailed to a party at the last known address. ... After a party submits to the personal jurisdiction of a district court, service of an order to appear for a hearing in aid of execution by certified mail is proper.

Section 60-205(b)(2)(C) permits service of an amended petition by mailing it to an unrepresented party's last known address.

Reverse Mortgage Solutions, Inc. v. Goldwyn · filed 2017-12-29(b)(2)(C)

Given that service via mail to the defendant's last known address is a sufficient method of service when the party is unrepresented by an attorney—Goldwyn's attorney had not yet entered his appearance at the time of service—Goldwyn was properly served with RMS's amended petition. See K.S.A. 2016 Supp. 60-205(b)(2)(C).

Service of a motion by mail is complete upon mailing, which starts the time to respond.

Matson v. State · filed 2024-09-06(b)(2)(C)

Service of the motion was completed upon mailing, which triggered Matson's right to respond.

Subsection (e) permits a district judge to accept pleadings and other papers, mark their filing date, and promptly transmit them to the clerk.

Kittle v. Owen · filed 1977-12-23(e)

There are two exceptions to the rule that the notice of appeal must have been filed with the clerk of the district court within thirty days of entry of judgment. K.S.A. 60-205(e) permits the judge of the district court to accept pleadings and other papers, note the filing date on them, and then promptly transmit them to the clerk.

Section 60-205(e) permits papers to be filed with the clerk, but also allows a judge to permit filing directly with the judge.

State Ex Rel. Owens v. Hodge · filed 1982-02-27(e)

K.S.A. 60-205(e) provides, in substance, that papers may be filed with the clerk of the court except that the judge may permit the papers to be filed with him. ... We have no hesitancy, whatsoever, in holding that the motion for reconsideration of sentence and probation was sufficiently filed on July 14, 1981, to invoke the jurisdiction of the district court.

Section 60-205(e) permits filing with a judge when the judge personally accepts custody of the papers; leaving them in the judge’s office is insufficient.

J. A. Tobin Construction Co. v. Kemp · filed 1986-06-13(e)

K.S.A. 60-205(e) provides that a judge may accept pleadings and other papers to be filed initially with him prior to their transmission to the clerk’s office for entry on the docket sheet. Under this procedure, filing is complete when the judge personally accepts custody of the papers. The purpose of K.S.A. 60-205(e) in allowing pleadings to be filed with a judge is not to make the judge an alternate depository for the clerk, but to avoid delay and to facilitate the implementation of temporary restraining orders and the hearing of emergency applications.

When a judge accepts custody of papers for filing, the filing is complete even if the judge fails to note the filing date and time or promptly transmit the papers to the clerk.

State v. Williams · filed 1996-03-08(e)

The judge in Williams’' case accepted custody of the hard 40 notice filed, by the State at .'the' tíme df the arraignment hearing. Although the' judge' did.mót; expressly say'that the .filing was accepted pursuant to 60-205(é)/he cléárly. accepted-the document for filing with the court, .The fact that, the judge, failed to. write the date and time the document.was received does not invalidate the filing. The filing is'complete1 when the judge personally accepts custody. Failure to' forward the notice forthwith or to' enter a necessary date does not prejudice the State.

Section 60-205(e) permits filing papers with a judge, and filing is complete when the judge has custody even if the judge later forwards the papers or fails to note the filing date.

State v. Harris · filed 1996-04-19(e)

“K.S.A. 60-205(e) is similar to Rule 5(e) of the Federal Rules of Civil Procedure. Rule 5(e) provides that a judge may permit pleadings and other papers to be filed initially with him prior to their transmission to the clerk’s office for entry on the docket sheet. Under this procedure, fifing is complete when the judge has custody *710of the papers. The judge’s failure to forward the papers forthwith or to enter a necessary date does not prejudice the party attempting to comply with the filing requirement.” Therefore, the State’s filing of the notice with the judge was all that was necessary to fulfill that part of the requirements of K.S.A. 1992 Supp. 21-4624, and the judge’s subsequent failure to file the papers until that afternoon or to note the date filed on the copy does not prevent the State from seeking the hard 40.

Section 60-205(e) permits a filing to be effective when the paper is delivered to the judge with intent to file, even if the clerk file-stamps it later.

State v. Duke · filed 1997-10-31(e)

Notice can be file stamped later than the date of arraignment, provided the record shows that the State delivered notice to the judge with intent to file pursuant to K.S.A. 60-205(e).

Section 60-205(e) requires a record showing that a paper given to a judge was intended to be filed with the court; merely placing it on the judge’s bench is insufficient.

State v. Peckham · filed 1994-05-27(e)

We conclude that in the absence of a record showing the district judge was furnished with the notice with the intent it be filed with the court pursuant to K.S.A. 1993 Supp. 60-205(e), there is not compliance with K.S.A. 1993 Supp. 21-4624(1) and the mandatory term of imprisonment of 40 years cannot be imposed.

Section 60-205(e) permits filing by delivering a paper to the judge with intent to file, even if the clerk stamps it later.

State v. Phillips · filed 2013-10-25(e)

Even though the notice was not file-stamped by the clerk until the next day, a hard 40 notice could be file stamped later than the arraignment date, “provided the record shows that the State delivered notice to the judge with intent to file pursuant to K.S.A. [1991 Supp.] 60-205(e).” State v. Duke, 263 Kan. 193, 197, 946 P.2d 1375 (1997). Phillips demonstrates no error in the timing of the filing of the notice.

A filing may be completed when the judge personally accepts custody of pleadings or other papers before they are transmitted to the clerk, and this procedure applies in criminal proceedings absent a contrary criminal-procedure rule.

State v. Johnson · filed 1994-04-15(e)

“K.S.A. 60-205(e) sets out the procedures necessary for a proper filing of documents with the court. K.S.A. 60-205(e) provides that a judge may accept pleadings and other papers to be filed initially with him prior to their transmission to the clerk’s office for entry on the docket sheet. Under this procedure, filing is complete when the judge personally accepts custody of the papers. ... Although [60-205(e)] is in the code of civil procedure, it may be considered applicable in criminal proceedings, there being no provision in the criminal procedures to the contrary.”

Section 60-205(e) requires filing with the court to be completed as the statute requires; filing the hard-40 notice the morning after arraignment did not satisfy that filing requirement.

State v. Collier · filed 1996-03-08(e)

We need not repeat here everything that Justice Abbott said in Peckham except to point out that we are dealing with what in 1993 was this State’s equivalent to the death penalty, that filing as K.S.A. 60-205(e) requires was not accomplished, and that the State’s attempts to supplement the record were improperly accomplished.

When a judge permits a document to be filed with the judge, filing is complete when the judge personally accepts custody, even if the judge later fails to date it or promptly transmit it to the clerk.

State v. Copridge · filed 1996-05-31(e)

To resolve this issue, the Supreme Court defined the criteria for filing a document by personal delivery to the judge at arraignment. K.S.A. 60-205(e) provides that a judge may permit pleadings to be filed with him or her, “in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk.” This civil statute applies, as there is no provision in criminal procedures to the contrary. ... If papers are filed with the judge, “filing is complete when the judge personally accepts custody of the papers.” ... Although the record in this case does not contain an express statement from the judge that he was accepting custody of the notice, the record demonstrates that the trial judge acknowledged receipt of the “actual notice” and inquired of the State regarding the omitted date of arraignment so that the date could be filled in at that time. ... The judge’s reference to the “actual notice” and his clarification of the date of arraignment on the notice support the conclusion that the trial judge in this case intended to accept custody of the notice for filing. We conclude that the filing of the notice did occur at arraignment by personal delivery to the trial court.

Section 60-205(e) permits a judge to accept papers for filing before transmitting them to the clerk, with filing complete when the judge takes custody, and subsection (b) does not require a signed return of service for papers other than process.

State v. Clemons · filed 1996-12-06(e) (b)

“ ‘K.S.A. 60-205(e) sets out the procedures necessary for a proper filing of documents with the court. K.S.A. 60-205(e) provides that a judge may accept pleadings and other papers to be filed initially with him prior to their transmission to the clerk’s office for entry on the docket sheet. Under this procedure, filing is complete when the judge personally accepts custody of the papers.’ ” ... “K.S.A. 60-205 contains no requirement that a return of service be signed when the document to be served is other than a service of process. K.S.A. 60-205(b) expressly provides for service upon the attorney or upon a party by delivering a copy to the attorney or a party.”

Section 60-205(e) permits a paper to be filed personally with the judge instead of the clerk; filing is complete when the judge accepts custody, and failure to note the filing date or promptly transmit the paper to the clerk does not invalidate the filing.

State v. White · filed 1997-12-12(e)

A notice may be personally filed with the court at an arraignment. ... In order to file a hard 40 notice personally with the trial court, the State must provide an original copy of the notice to the trial judge at the arraignment. ... The judge must personally accept custody of the notice, preferably indicating on the record that such acceptance constitutes a fifing of the notice with the trial court pursuant to K.S.A. 60-205(e), as required by K.S.A. 1993 Supp. 21-4624(1). ... Once the trial judge has personally accepted custody of the notice, filing of the notice with the court is complete. ... The trial judge should note on the notice the fifing date and should forthwith transmit the notice to the office of the clerk. K.S.A. 60-205(e). However, if the trial judge personally accepts custody of the original notice but fails to note the filing date on the notice or forthwith transmit it to the office of the clerk, this does not nullify the fifing of the notice.

Section 60-205(e) governs filing pleadings and other papers with the court, but it does not create a liberty interest or rights enforceable by an inmate against a court clerk.

Guiden v. Morrow · filed 2004-02-17(e)

Plainly, it was not meant to create any rights enforceable by an inmate against a court clerk.

Section 60-205(e) makes filing complete when the judge personally accepts custody of the papers.

State v. Rash · filed 2017-04-07(e)

K.S.A. 2004 Supp. 60-205(e) states "the judge may permit the papers to be filed with the judge." Further, Tobin Constr. Co. v. Kemp, 239 Kan. 430, 436-37, 721 P.2d 278 (1986), stated that under K.S.A. 60-205(e), filing is complete when the judge personally accepts custody of the papers. ... Because the court had possession of the charging document on September 30, 2004, the filing was complete regardless of the date it was officially file stamped. See Williams, 259 Kan. at 444.

Section 60-205(b) permits a court to order service on a represented party instead of the party's attorney.

Alexander v. State Department of Social & Rehabilitation Services · filed 1979-11-16(b)

K.S.A. 60-205(b) allows the court to order service upon a party, rather than upon his attorney. Here in its March 15, 1978, journal entry, filed April 4, 1978, the court noted that based upon the representations made by the plaintiff on September 2, 1977, i.e., that his attorney of record Tom Schwinn no longer represented him, the court had ordered that notice of the October 7 hearing to restore the appeal be served upon the plaintiff. Therefore, we find that the trial court properly complied with the provisions of K.S.A. 60-205(b) by ordering service of notice of the motion upon the plaintiff.

Section 60-205(b) requires service on a party’s attorney if the party is represented; service on the party before counsel is appointed does not violate the section.

In re Care & Treatment of Wilson · filed 2017-06-02(b)

However, the Secretary gave Wilson his annual review report on July 21, 2016. The district court did not appoint an attorney for Wilson until August 19, 2016. Thus, Wilson did not have an attorney at the time of service and the Secretary did not violate K.S.A. 2016 Supp. 60-205(b).

Section 60-205(b) permits service of a settlement offer on a represented party’s attorney as an effective alternative to mailing it to the party’s last known address.

Wilkerson v. Brown · filed 1999-12-30(b)

However, serving a represented party by serving his or her attorney as directed by K.S.A. 1998 Supp. 60-205(b) is an alternative but equally effective method of conveying the settlement offer provided by K.S.A. 1998 Supp. 60-2006.

Section 60-205(b) permits service on an attorney by delivery or mailing, but its methods are alternatives and do not displace other service methods required by law; subsection (e) may apply beyond Chapter 60 when no contrary criminal-procedure provision exists.

Pork Motel, Corp. v. Kansas Department of Health & Environment · filed 1983-12-02(b), (e)

KDHE relies on the service method of K.S.A. 60-205(b) which provides in part: ... The methods of service under K.S.A. 60-205 are alternative to, and do not restrict, different methods of service provided by law.

Section 60-205(b)(1) does not require service on an attorney solely because that attorney represented the party in a previous action.

In re Adoption of M.B. · filed 2025-05-16(b)(1)

Father makes a conclusory argument that K.S.A. 2024 Supp. 60-205(b)(1), which requires that "[i]f a party is represented by an attorney, service under this section must be made on the attorney unless the court orders service on the party," supports the idea that Stepfather should have served his attorney from the paternity case with the stepparent adoption petition. But this argument fails. Father offers no authority to support his claim that because he was represented by counsel in the previous paternity action, he should be assumed to be represented by the same lawyer in the adoption action.

Section 60-205 authorizes service of a motion and notice of hearing on a party's attorney of record.

Krumme v. Krumme · filed 1981-11-25

The defendant’s motion for child support with a notice for hearing was served on Michael G. Patton, attorney of record for the plaintiff, as authorized by K.S.A. 60-205.

A motion to intervene must be served on the affected party in the manner required by § 60-205.

Wilson & Walker v. State · filed 1981-07-17

A motion to intervene must be properly served on the party pursuant to K.S.A. 60-205, accompanied by a pleading setting forth “the claim or defense for which intervention is sought.”

Section 60-205 requires proper service of a motion to intervene on the parties.

Memorial Hospital Ass'n, Inc. v. Knutson · filed 1986-07-18

A motion to intervene must be properly served on a party pursuant to K.S.A. 60-205, “accompanied by a pleading setting forth the claim or defense for which intervention is sought.” K.S.A. 60-224(c)(l). ... The motion was not served on the parties as required by K.S.A. 60-205.

Section 60-205(a) requires service of a motion to substitute a party on the other parties because such a motion cannot be heard ex parte.

Army National Bank v. Equity Developers, Inc. · filed 1989-05-26(a)

K.S.A. 1988 Supp. 60-205(a) requires that “every written motion other than one which may be heard ex parte” shall be served on each of the parties. A motion wherein a stranger to the action is seeking to become the defendant without the plaintiff s consent is not a matter that can be heard ex parte.

Section 60-205 requires a motion to be served on the other party unless it may be heard ex parte, and permits service by mail.

In re the Guardianship & Conservatorship of K.M.W. · filed 1989-07-28

K.S.A. 1988 Supp. 60-205 provides that a motion shall be served *646on the other party unless the matter may be heard ex parte, and that service may be made by mail.

A motion to amend to seek punitive damages and its supporting affidavit must be served on each party.

Sullwold v. Barcus · filed 1992-09-11(a)

We also conclude the affidavit in support of the motion to amend must be filed with the motion and served upon each of the parties.

Section 60-205 requires service of a written motion to extend a protection from abuse order for one year because the motion is not authorized to be heard ex parte.

Kerry G. v. Stacy C. · filed 2018-01-05(a)(1)(D)

According to the code of civil procedure, "[a] request for a court order must be made by motion" and "a written motion, except one that may be heard ex parte," must be served on the defendant. K.S.A. 2016 Supp. 60-207(b); K.S.A. 2016 Supp. 60-205(a)(1)(D).

Section 60-205(a)(1)(D) requires a party to serve its motion on all parties to the case.

Reverse Mortgage Solutions, Inc. v. Goldwyn · filed 2018-07-06(a)(1)(D)

Reverse Mortgage Solutions had followed Kansas procedural rules by sending a copy of the motion to all the parties to the case, including Goldwyn. That was required by K.S.A. 2017 Supp. 60-205(a)(1)(D).

Section 60-205(b) permits service by mailing a copy to the represented party's attorney or, when appropriate, to the party or court clerk; mailing the appeal notice to the Department's legal staff provided sufficient notice.

In Re the Revocation of Driving Privileges of Gantz · filed 1985-04-18(b)

By mailing a copy of his notice of appeal to the Department’s legal staff, the petitioner complied with K.S.A. 60-205(b) and provided the Department with sufficient notice of his appeal.

Section 60-205 does not require a party to keep using the same method of service throughout a case.

AkesoGenX Corp. v. Zavala · filed 2017-11-09(e)

K.S.A. 2016 Supp. 60-205, which outlines the many ways parties may serve process, does not provide that once a party serves its adversary in one manner it must continue to serve that party in that manner.

Section 60-205(b)(2)(A) permits service of a paper by handing it to the person.

In re Marriage of Bailey · filed 2021-01-08(b)(2)(A)

Under K.S.A. 2019 Supp. 60-205(b)(2)(A), "[a] paper is served . . . by [h]anding it to the person." The record shows that SAS Smothers personally handed the documents to Brigham.

Section 60-205's service and filing provisions imply that a post-trial motion must be written; an oral motion is not effective when it has not been filed under those provisions.

Thomas v. Davis-Moore Datsun, Inc. · filed 1987-01-29(d) and (e)

The language in K.S.A. 60-205 discussing “service” and “filing” implies a written motion. ... The absence of a written motion filed pursuant to either K.S.A. 60-205(d) or (e) leaves this court without the ability to make an independent determination when the motion for reconsideration was made. Rather, this court is forced to rely on the trial court’s finding that the oral motion was timely.

Section 60-205 requires leaving the summons and petition at the defendant’s dwelling house or usual place of abode and mailing a copy to that address.

Grimmett v. Burke · filed 1995-11-09

The record clearly indicates the summons of April 28,1993, was not left at Burke’s “dwelling house or usual place of abode,” as required by K.S.A. 60-205. It follows that mailing a copy of the summons and petition to that same address would not effect service on Burke.

Subsection (e) does not govern fax filing before an administrative agency when the agency's own regulations provide clear and specific filing procedures.

Fort Hays State University v. Fort Hays State University Chapter · filed 2008-11-07(e)

For these reasons, we reject AAUP’s suggestion that K.S.A. 60-205(e) controls and permitted the fax filing of its motion for reconsideration.

Section 60-205 does not displace a different notice method specifically provided by law; the notice procedure in § 60-2410(a) controls sheriff’s sales.

Alliance Mortgage Co. v. Pastine · filed 2005-01-14

Nevertheless, K.S.A. 2003 Supp. 60-205 states that it “shall be [an] alternative to, and not in restriction of different methods specifically provided by law.” Clearly, the method for furnishing notice of a sheriff s sale under K.S.A. 60-2410(a) is a different method specifically provided by law. As a result, until K.S.A. 60-2410(a) is repealed or judicially declared infirm, the procedure under K.S.A. 60-2410(a) for giving notice of a sheriff s sale controls.