Kansas Senate Bill 88 would repeal statute 69-102 prohibiting service of process on Saturdays, allowing process servers another day to effectuate service.
Currently serving process on a Saturday in Kansas is a misdemeanor, subject to a fine of $100, imprisonment in county jail up to 30 days or both. This particular statute only applies to civil suits and if the service is upon a person whose religious faith recognizes Saturdays as the Sabbath.
Introduced on January 17th, the bill has passed in the Senate 37-1 and is currently awaiting approval in the House.
Rule 60-303 currently allows the following to serve process:
(b) Who serves process. The sheriff of the county in which the action is filed must serve any process by any method authorized by this section, or as otherwise provided by law, unless a party, either personally or through an attorney, notifies the clerk that the party elects to undertake responsibility for service.
Why Service on Saturdays Matters
The limited ability of law enforcement to serve process on Saturdays led the Johnson County Sheriff’s Office to request the bill be introduced by the Senate Committee on Judiciary.
Being able to serve on Saturdays is incredibly important, particularly in cases of residential services. During the week many individuals are at work. For subjects who work outside the traditional 9-5 or perhaps even work two jobs, effectuating service during the week can be very difficult.
Weekends are a time when many individuals are at their residence, allowing process servers and sheriffs a greater opportunity to make sure service is completed.
Read the full text of the bill here.