Kansas SB288 has been passed, effectively repealing the statute prohibiting service of process on Saturdays. This change will allow process servers a very valuable additional day to attempt and effectuate service.
Sponsored by the Senate Judiciary Committee, the bill was introduced on January 7, 2018 and approved by the Governor on May 5, 2018. The original statute, K.S.A 69-102, relating to service on Saturdays read:
“Any person who shall knowingly cause or procure any process issued from a justice’s court in a civil suit to be served on that day upon any such person, or who shall serve any such process made returnable on that day, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of one hundred dollars, or imprisonment in the county jail not exceeding thirty days, or both.”
Several states still don’t allow service of process on particular days. For example, Florida doesn’t allow service of process to be attempted on Sundays. Maine, Massachusetts, Rhode Island and South Dakota all have similar rules.
This additional day of service will provide process servers with the opportunity to be more efficient and effective, especially when services are for residential addresses. While it can be difficult during the work week to catch an individual at home during their regular routine, the weekends provide much better odds.
For the full text of the bill click here.