AFFIDAVIT OF SERVICE

(State of Kansas)

[// GUIDANCE: This template is drafted to comply with the Kansas Code of Civil Procedure’s proof-of-service requirements, including allowable service methods, substitute/alternative service, and timing mandates. Customize all bracketed fields and attach supporting exhibits (e.g., certified-mail receipts, delivery confirmations, photographs) as appropriate.]

TABLE OF CONTENTS

I. Document Header ..................................... 1
II. Definitions ......................................... 2
III. Operative Provisions ................................ 3
IV. Representations & Warranties ........................ 5
V. Covenants & Restrictions ............................ 5
VI. Default & Remedies .................................. 5
VII. Risk Allocation ..................................... 5
VIII. Dispute Resolution ................................. 5
IX. General Provisions .................................. 6
X. Execution Block ..................................... 6

(Page numbers assume final formatting is completed.)

I. DOCUMENT HEADER

A. Caption
1. In The [] Judicial District
2. District Court of [COUNTY] County, Kansas
3. Case No.: [___]
4. [PLAINTIFF NAME(S)], Plaintiff(s)
v.
[DEFENDANT NAME(S)], Defendant(s)

B. Title
AFFIDAVIT OF SERVICE

C. Recitals
THIS AFFIDAVIT is made effective as of the _ day of _, 20, pursuant to the Kansas Code of Civil Procedure and applicable local court rules, for the purpose of providing sworn proof of service of process and/or other legal documents in the above-captioned matter.

II. DEFINITIONS

For purposes of this Affidavit, the following capitalized terms have the meanings set forth below:

1. “Affiant” means the individual executing this Affidavit, also referred to as the “Process Server.”
2. “Applicable Rules” means the Kansas Code of Civil Procedure, relevant Kansas statutes, and any standing or administrative orders of the Court governing service of process, including timing for completion and filing of proof of service.
3. “Delivery Method” means the specific statutory method utilized to serve the Service Documents, including but not limited to Personal Service, Certified Mail Service, Commercial Carrier, Substitute Service, Posting, or any Court-authorized Alternative Service.
4. “Recipient” means the person or entity upon whom the Service Documents were served, or the person authorized by law to accept service on such person’s or entity’s behalf.
5. “Service Documents” means the summons, pleadings, subpoena, notice, or other legal instruments required to be served in this action.

III. OPERATIVE PROVISIONS

A. Affiant Identification
1. Name: [SERVER FULL LEGAL NAME]
2. Address: [SERVER STREET ADDRESS, CITY, STATE, ZIP]
3. Telephone / Email: [___]
4. Age (must be ≥18): [_]
5. Affiant is not a party to, or interested in, this action.

B. Authorization to Serve Process
The Affiant is (check one):
☐ a Kansas sheriff or deputy sheriff.
☐ a private process server duly appointed and authorized pursuant to court order dated ______.
☐ an individual specially appointed by the Court for service in this case.

C. Description of Service Documents
1. Document Title(s): [Summons; Petition; Subpoena; Motion, etc.]
2. Total Number of Pages (excluding exhibits): []
3. Date Documents Issued: [___]

D. Service Event Details
1. Date of Service: [MM/DD/YYYY]
2. Time of Service: [HH:MM a.m./p.m.]
3. Service Location (complete address): [_____]
4. Delivery Method (check all that apply):
☐ Personal Service — delivered directly to the Recipient.
☐ Substitute Service — delivered to [NAME & RELATIONSHIP], a person of suitable age and discretion residing at Recipient’s usual place of abode.
☐ Certified Mail, Return Receipt Requested — tracking no. [_]; delivery confirmed on [MM/DD/YYYY].
☐ Commercial Carrier — carrier name: [__]; tracking no. [__]; delivery confirmed on [MM/DD/YYYY].
☐ Posting — documents affixed to the main entrance of the residence/business after diligent search.
☐ Court-Ordered Alternative Service — pursuant to order dated [MM/DD/YYYY].
☐ Other (describe): [_____].
5. Name of Recipient (or person served): [___]
6. Relationship/Title of Recipient (if applicable): [____]

E. Compliance With Timing Requirements
Service was completed within the timeframe prescribed by Applicable Rules, namely [___] days from issuance of the Service Documents.

F. Proof of Attempts (if Substitute or Alternative Service)
[// GUIDANCE: Where personal service was unsuccessful, detail all attempts with dates, times, and observations to establish due diligence.]
Example:
• Attempt 1 – [MM/DD/YYYY, 10:15 a.m.] at [address]; no answer; left calling card.
• Attempt 2 – [MM/DD/YYYY, 6:45 p.m.] at same address; spoke with neighbor confirming Recipient resides there.

G. Exhibits
The following exhibits are attached hereto and incorporated by reference:
• Exhibit A – Certified-mail return receipt / delivery confirmation.
• Exhibit B – Photograph of posted documents.
• Exhibit C – Court order authorizing alternative service.

IV. REPRESENTATIONS & WARRANTIES

1. Truthfulness: Affiant affirms under penalty of perjury that the statements contained herein are true and correct to the best of Affiant’s knowledge, information, and belief.
2. Capacity: Affiant is legally competent, of sound mind, and fully authorized to execute this Affidavit.
3. Independence: Affiant is not a party to this action and has no financial interest in its outcome.
4. Compliance: Service was performed in strict conformity with Applicable Rules.
5. Survival: The representations herein shall survive filing and may be relied upon by the Court and all parties for all purposes related to proof of service.

V. COVENANTS & RESTRICTIONS [RESERVED]

[// GUIDANCE: Not applicable to an affidavit. This section intentionally left blank to preserve numbering integrity.]

VI. DEFAULT & REMEDIES [RESERVED]

VII. RISK ALLOCATION [RESERVED]

VIII. DISPUTE RESOLUTION [RESERVED]

IX. GENERAL PROVISIONS

A. Amendments
This Affidavit may not be altered except by a supplemental affidavit duly executed and filed with the Court.

B. Severability
If any provision of this Affidavit is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

C. Governing Law
This Affidavit is governed by the laws of the State of Kansas without regard to conflict-of-laws principles.

D. Counterparts; Electronic Signatures
This Affidavit may be executed in counterparts, each of which constitutes an original. Signatures transmitted electronically or by facsimile shall be treated as originals for all purposes.

X. EXECUTION BLOCK

I declare under penalty of perjury under the laws of the State of Kansas that the foregoing is true and correct.

Dated: __, 20___

[SERVER FULL LEGAL NAME], Affiant

STATE OF KANSAS )
) ss.
COUNTY OF [____] )

Subscribed, sworn to, and acknowledged before me on this _ day of ___, 20___, by [SERVER FULL LEGAL NAME], who is personally known to me or has produced satisfactory identification.

Notary Public

My Commission Expires: ______

[END OF AFFIDAVIT]