Declaration for Service by Publication - Kansas

Declaration for Service by Publication is a legal document that was released by the Kansas Judicial Council - a government authority operating within Kansas.

FAQ

Q: What is a Declaration for Service by Publication?
A: A Declaration for Service by Publication is a legal document used in Kansas when the petitioner cannot serve the other party with court papers in person and needs to request permission to serve the papers by publishing a notice in a newspaper instead.

Q: When is a Declaration for Service by Publication used?
A: A Declaration for Service by Publication is used when the petitioner has made reasonable efforts to locate and serve the other party but has been unable to do so.

Q: What information is required in a Declaration for Service by Publication?
A: A Declaration for Service by Publication generally includes the name of the petitioner, the name of the other party, a statement explaining the efforts made to locate and serve the other party, and a request for permission to serve by publication.

Q: How does service by publication work?
A: Service by publication involves publishing a notice in a newspaper approved by the court. The notice must contain certain information about the case and must be published for a specific period of time. After the notice is published, it is considered a legally valid form of service.

Q: What happens after service by publication?
A: After service by publication, the court will typically require a certain amount of time to pass to allow the other party to respond. If the other party fails to respond within the specified time period, the court may proceed with the case without their participation.

Q: Can service by publication be used in all types of cases?
A: Service by publication is generally used in civil cases, such as divorce or child custody cases, when the other party's whereabouts are unknown or they cannot be located.

Q: Are there any limitations or requirements for service by publication?
A: Yes, there are specific rules and requirements that must be followed when using service by publication, such as selecting an approved newspaper, publishing the notice for the required amount of time, and providing proof of publication to the court.

Q: Can service by publication be used as the first method of service?
A: No, service by publication is typically used as a last resort when other methods of service, such as personal delivery or certified mail, have been unsuccessful.