Under Kansas’s Uniform Interstate Depositions and Discovery Act, a foreign subpoena is submitted in the county where discovery is sought, and the district court clerk issues it. The Act requires no local attorney. Served 123 LLC handles the steps to domesticate a subpoena in Kansas.
What to Send Us
Those two can go in Special Instructions.
Every Kansas Order Includes
Skip tracing is available if the address turns out to be bad.
Every Kansas County
Served 123 LLC works with the district court clerk in each of Kansas’s 105 counties, and the clerk’s fee is in your quote. The county finder names the county; the directory has its address.
Documents Subpoena
A records subpoena uses the same county clerk. The custodian need not appear unless also commanded to, your side must give each party notice before it is served, and a nonparty business can be reached under K.S.A. 60-245a. The physician-patient privilege and the federal Privacy Rule follow below.
Kansas Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
Section 60-228a leans on the rest of the Kansas Code of Civil Procedure: 60-245 for the subpoena itself, 60-303 for service and 60-312 for proof. These four stops take a subpoena from another state’s court to a witness anywhere in Kansas.
The foreign subpoena is submitted to a clerk of court in the discovery county, with the docket fee K.S.A. 60-2001 requires and no appearance in the Kansas courts; we handle this stop.
The clerk promptly issues a Kansas subpoena, assigns it a case file number and enters it on the docket as a civil action; we handle the clerk step, with a Kansas subpoena that incorporates the foreign terms and lists all counsel.
Our server, an adult who is not a party, serves the witness anywhere in Kansas, and we advance any witness fee owed on your quote.
We prepare the affidavit or declaration K.S.A. 60-312 calls for, our server signs it, and we return it to you promptly.
A person commanded to produce designated materials or to permit inspection can answer with a written objection, and K.S.A. 60-245(c) sets its clock: “The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served.” K.S.A. 60-206(a) governs “any time period specified in this chapter,” so it does the counting.
If the compliance date comes first, it controls. If a date is close, ask counsel.
A planning aid, not legal advice: it cannot know a holiday declared later, a day observed by Kansas Supreme Court order, an earlier compliance date in the subpoena, or a court order setting another time. Legal holidays here are the ten days in K.S.A. 35-107 and Juneteenth under 5 U.S.C. § 6103(a), each on its stated day; the count is K.S.A. 60-206(a).
Here is the text of K.S.A. 60-228a, the uniform act in the Kansas Code of Civil Procedure, on submitting the foreign subpoena, what the clerk does, what the Kansas subpoena contains, how it is served and which court hears a motion.
To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state and pay the docket fee as required by K.S.A. 60-2001, and amendments thereto. A request for the issuance of a subpoena in this state under this act does not constitute an appearance in the courts of this state.
When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court’s procedure, must: (A) Promptly issue a subpoena for service on the person to which the foreign subpoena is directed; and (B) assign the subpoena a case file number and enter it on the docket as a civil action pursuant to K.S.A. 60-2601, and amendments thereto.
A subpoena under subsection (c)(2) must: (A) Incorporate the terms used in the foreign subpoena; and (B) contain or be accompanied by the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
Served 123 LLC prepares the Kansas subpoena with each item subsection (c)(3) requires before it goes to the clerk.
Get a Free Quote Online →A subpoena issued by a clerk of court under subsection (c) must be served in compliance with K.S.A. 60-303, and amendments thereto.
An application to the court for a protective order or to enforce, quash or modify a subpoena issued by a clerk of court under subsection (c) must comply with the statutes of this state and be submitted to the court in the county in which discovery is to be conducted.
Served 123 LLC puts the Kansas subpoena, the clerk step and any service you order on one written quote.
Get a Free Quote Online →No reported Kansas appellate decision has yet interpreted K.S.A. 60-228a.
Official texts: K.S.A. 60-228a, 60-206, 60-245, 60-245a, 60-303, 60-312, 60-427, 60-2001, 60-2601, 28-125, 35-107 and 75-3203a; Kansas Supreme Court Rule 122 (electronic filing); 5 U.S.C. § 6103; Douglas County Local Court Rules. General information, not legal advice. The official text controls.
Served 123 LLC prepares the Kansas subpoena under K.S.A. 60-228a and has it served under K.S.A. 60-303.
Get a Free Quote Online →Subsection (d) sends service to K.S.A. 60-303, and 60-245 adds where and with what. Read on for the server, proof, delivery, motions, notice to the parties, witness fees and travel limits. For a summons or other court papers, see process service in Kansas.
Under K.S.A. 60-303(d)(3), service “must be made by a sheriff within the sheriff’s county, by the sheriff’s deputy, by an attorney admitted to the practice of law in Kansas, by a person licensed as a private detective pursuant to K.S.A. 75-7b01 et seq., and amendments thereto, or by a person appointed as a process server by a judge or clerk of the district court. A subpoena may also be served by any other person who is not a party and is at least 18 years of age.” The default: “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.” Whether to make that election is your counsel’s call. Our servers are nonparty adults and hold the appointment in every Kansas county that requires one.
K.S.A. 60-228a(d); K.S.A. 60-303K.S.A. 60-312 opens: “Proof of service must be filed with the court and made as follows:” For an officer: “Every officer to whom summons or other process is delivered for service must make a statement subject to penalty of perjury as provided in K.S.A. 21-5903, and amendments thereto, as to the time, place and manner of service.” For anyone other than an officer: “If process is delivered to a person, other than an officer, for service, the person must make an affidavit or a declaration pursuant to K.S.A. 53-601, and amendments thereto, as to the time, place and manner of service.” The deadline for either one: “An officer or other person receiving a summons or other process for service must file a return of service not later than 14 days after the service is effected.” We prepare that proof, our server signs it, and we return it to you promptly.
K.S.A. 60-312Section 60-245(b) opens: “Service of a subpoena may be made anywhere within this state,” and it must follow 60-303. Under that statute, “Personal service is effected by delivering or offering to deliver a copy of the process and petition or other document to the person to be served.” It also covers a refusal: “In all cases when the person to be served, or an agent authorized by the person to accept service of process, refuses to receive the process, the offer of the duly authorized process server to deliver the process, and the refusal, is sufficient service of process.”
K.S.A. 60-245(b); K.S.A. 60-303Subsection (f) of 60-228a sends an application for a protective order, or to enforce, quash or modify the Kansas subpoena, to the court in the county where discovery is to be conducted, under Kansas statutes. Section 60-245(c)(3) sets the grounds: “On timely motion, the issuing court must quash or modify a subpoena that: (i) Fails to allow a reasonable time to comply;” that “requires disclosure of privileged or other protected matter, if no exception or waiver applies”; or that “subjects a person to undue burden.”
K.S.A. 60-228a(f); K.S.A. 60-245(c)(3)Section 60-245(b) puts a step first: “If, independently of a deposition, the subpoena commands the production of documents, electronically stored information or tangible things or the inspection of premises before trial, then before it is served, a notice must be served on each party in accordance with subsection (b) of K.S.A. 60-205, and amendments thereto.”
K.S.A. 60-245(b)Section 60-245(b) says service of a Kansas subpoena “must, if the subpoena requires a person’s attendance, be accompanied by the fees for one day’s attendance and the mileage allowed by law.” A subpoena that commands no attendance falls outside that condition. We advance any witness fee owed on your quote.
K.S.A. 60-245(b)K.S.A. 28-125(a) reads “Witnesses shall receive the following fees:” and lists “For attending before any court or grand jury, or before any judge, referee, or commission, $10 per day;” and, “for each mile necessarily and actually traveled in going to and returning from the place of attendance, mileage at the rate prescribed by law if the distance is more than one mile”. The Revisor’s note to that section reads: “Mileage allowance prescribed by law, see 75-3203, 75-3203a.” Section 75-3203a then says: “The secretary of administration may fix rates of mileage allowance for travel by privately owned conveyances for official purposes and the rates so fixed may be paid to public officials, except as otherwise specifically provided by law.”
K.S.A. 28-125; K.S.A. 75-3203aSection 60-245(c)(3) reads: “On timely motion, the issuing court must quash or modify a subpoena that:” and its item (ii) is one that “requires a resident of this state who is neither a party nor a party’s officer to travel more than 100 miles from where that person resides, is employed or regularly transacts business in person or requires a nonresident who is neither a party nor a party’s officer to travel more than 100 miles from where the nonresident was served with the subpoena, is employed or regularly transacts business in person, except that, subject to paragraph (3)(B)(iii), the person may be commanded to travel to the place of trial”. Separately, “A person confined in prison may be required to appear for examination by deposition only in the county where the person is imprisoned.”
K.S.A. 60-245(c)Served 123 LLC handles the 60-303 service, the witness fee when attendance is commanded and the server’s signed proof.
Get a Free Quote Online →A Kansas subpoena for records raises five topics here: production without appearing, the K.S.A. 60-245a business records subpoena and its custodian’s declaration, written objections, the physician-patient privilege and the federal privacy rule for health records.
Section 60-245 reads: “A person commanded to produce designated documents, electronically stored information or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing or trial.” For a nonparty business, it adds: “Subpoena and production of records of a business that is not a party may be in accordance with K.S.A. 60-245a, and amendments thereto.” On cost, 60-245a adds: “The person to whom the subpoena is directed may demand the reasonable costs of copying the records. If the costs are demanded, the records need not be produced until the costs are advanced.”
K.S.A. 60-245(c); K.S.A. 60-245(a)(1); K.S.A. 60-245aUnder K.S.A. 60-245a, “Any party may request production of business records from a nonparty by causing to be issued a nonparty business records subpoena pursuant to this section.” The notice runs ahead of issuance: “Not less than 14 days before issuance of a nonparty business records subpoena, the requesting party must give notice to all parties of the intent to request the subpoena. A copy of the proposed subpoena must be served on all parties with the notice. If prior to the issuance of the subpoena any party objects to the production of the records sought, the subpoena must not be issued unless ordered by the court.”
K.S.A. 60-245aSection 60-245a reads: “Unless the personal attendance of a custodian of the business records or the production of original business records is required under subsection (c), it is sufficient compliance with a nonparty business records subpoena if, within the earlier of the time specified for compliance or 14 days after receipt of the subpoena, a custodian of the business records delivers to the party or attorney requesting them, by mail or otherwise, a true and correct copy of all records described in the subpoena and a completed copy of a declaration or an affidavit that complies with paragraph (3) accompanying the records. The custodian must file the declaration or affidavit with the court.” The subpoena carries the form: “When the subpoena is issued, it must be accompanied by a form of declaration that complies with paragraph (3), to be completed by the records custodian.”
K.S.A. 60-245aA person commanded to produce may serve a written objection on the party or attorney the subpoena designates, to any or all of the designated materials. Section 60-245(c) sets the time: “The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served.” A nonparty business records subpoena under 60-245a has to say so itself: “The subpoena must inform the person to whom it is directed that the person may serve on the party or attorney designated in the subpoena written objection to production of any or all of the business records designated in the subpoena within the earlier of the time specified for compliance or 14 days after the subpoena is served. If such an objection is made, the business records need not be produced unless ordered by the court on motion, with notice to the person to whom the subpoena was directed.”
K.S.A. 60-245(c); K.S.A. 60-245aK.S.A. 60-427(b) reads: “Except as provided by subsections (c), (d), (e) and (f), a person, whether or not a party, has a privilege in a civil action or in a prosecution for a misdemeanor, other than a prosecution for a violation of K.S.A. 8-2,144 or 8-1567, and amendments thereto, or a city ordinance or county resolution which prohibits the acts prohibited by those statutes, to refuse to disclose, and to prevent a witness from disclosing, a communication, if the person claims the privilege and the judge finds that: (1) The communication was a confidential communication between patient and physician;” and the conditions that follow. Subsection (d): “There is no privilege under this section in an action in which the condition of the patient is an element or factor of the claim or defense of the patient or of any party claiming through or under the patient or claiming as a beneficiary of the patient through a contract to which the patient is or was a party.” Separately, on timely motion 60-245(c)(3) requires the court to quash or modify a subpoena that “requires disclosure of privileged or other protected matter, if no exception or waiver applies”.
K.S.A. 60-427; K.S.A. 60-245(c)(3)Medical files in a Kansas clinic’s hands also fall under the federal Privacy Rule, which separates a court order from a subpoena. 45 C.F.R. § 164.512(e)(1) lets a covered entity disclose “In response to an order of a court or administrative tribunal, provided that the covered entity discloses only the protected health information expressly authorized by such order; or” “In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal, if:” and that subpoena paragraph then lists two assurances: “The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iii) of this section, from the party seeking the information that reasonable efforts have been made by such party to ensure that the individual who is the subject of the protected health information that has been requested has been given notice of the request; or” “The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iv) of this section, from the party seeking the information that reasonable efforts have been made by such party to secure a qualified protective order that meets the requirements of paragraph (e)(1)(v) of this section.”
45 C.F.R. § 164.512(e)(1)(i)–(ii)A Kansas provider relying on the patient notice route of (e)(1)(iii) looks for three showings: “The party requesting such information has made a good faith attempt to provide written notice to the individual (or, if the individual’s location is unknown, to mail a notice to the individual’s last known address);” that “The notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal; and” “The time for the individual to raise objections to the court or administrative tribunal has elapsed, and:” then either “No objections were filed; or” “All objections filed by the individual have been resolved by the court or the administrative tribunal and the disclosures being sought are consistent with such resolution.”
45 C.F.R. § 164.512(e)(1)(iii)The other route, in (e)(1)(iv), rests on one of two showings about a protective order: “The parties to the dispute giving rise to the request for information have agreed to a qualified protective order and have presented it to the court or administrative tribunal with jurisdiction over the dispute; or” “The party seeking the protected health information has requested a qualified protective order from such court or administrative tribunal.” Paragraph (e)(1)(v) then defines that order as one that “Prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation or proceeding for which such information was requested” and “Requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding.”
45 C.F.R. § 164.512(e)(1)(iv)–(v)Served 123 LLC prepares and serves a Kansas subpoena that commands production of records.
Get a Free Quote Online →Each of these points comes from the text of the statutes.
Before service, we check the Kansas subpoena we prepare and the service plan against the statutes and raise anything that needs your input. If a motion comes later, we tell you which county’s court hears it.
Search or pick the county where discovery will take place to see which district court clerk issues the Kansas subpoena there, then start a quote; the directory below lists every office in all 105 counties.
The Kansas Judicial Branch district court pages list each office under its judicial district.
How Missouri, Nebraska, Oklahoma and Colorado handle a foreign subpoena beside Kansas’s K.S.A. 60-228a: the governing law, whether a local attorney is required and who issues the subpoena, each taken from that state’s own text. “No” is that state’s rule text alone; “Check” means confirm that state’s filing rules for an out-of-state requester.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Kansas | K.S.A. 60-228a (L. 2010, ch. 135) | No | Clerk of the district court, discovery county |
| Missouri | Mo. Sup. Ct. R. 57.08 (no uniform act) | Check | Circuit court order on ex parte application |
| Nebraska | Neb. Ct. R. § 6-330(A) (eff. Feb. 16, 2021) | Check | Clerk of district court, discovery county |
| Oklahoma | 12 O.S. § 3252 (Laws 2021, HB 2229) | No | Clerk of court, discovery county |
| Colorado | C.R.S. §§ 13-90.5-101 to 13-90.5-107 (L. 2008) | No | Clerk of the district court, discovery county |
Each answer cites the Kansas statute, court rule or official source behind it. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
K.S.A. 60-228a, the uniform interstate depositions and discovery act, enacted by the 2010 Legislature and last amended in 2011. It applies to a subpoena issued under the authority of a court of record of another jurisdiction, and it brings in K.S.A. 60-245, the general subpoena statute, for everything the Kansas subpoena must contain. The statute section quotes it.
The one for the place of discovery. K.S.A. 60-228a(c)(1) ties the request to that county, whatever state the case sits in, so a deposition in Overland Park and one in Topeka start at different offices. Type the town into the county finder, and it names the county.
Not under the Act’s text. K.S.A. 60-228a(c) gives the issuing step to the clerk, in accordance with that court’s procedure, and names no judge. An application under subsection (f) to quash, modify, enforce or protect is another matter, because that goes before a court, and The District Court Where Discovery Happens says which.
Yes. K.S.A. 60-228a(c)(2) calls for its own case file number and a civil-action entry under K.S.A. 60-2601, so the matter has a Kansas docket in the discovery county alongside the case pending elsewhere. The statute section quotes the subsection in full.
Not under the Act’s own text: K.S.A. 60-228a(c)(1) lets a party submit the foreign subpoena and says the request is not an appearance in the Kansas courts. Filing channels are a separate matter. Electronic Filing and Kansas Counsel quotes Supreme Court Rule 122, the Judicial Branch and the Douglas County clerk on them, and we handle the clerk step.
Not in Douglas County without Kansas registration. That clerk’s page requires Kansas Supreme Court registration before an e-filing account is approved, and it says a sponsoring Kansas attorney of record can file for the lawyer. Rule 122 names the approved systems under Electronic Filing and Kansas Counsel. However the county’s clerk takes it in, the clerk step stays with us.
No. Nothing in K.S.A. 60-228a prescribes one. The foreign subpoena’s terms carry over, and K.S.A. 60-245 sets the contents. The Judicial Council’s published 60-245 deposition and production forms are not labeled for the Act, as the statute section notes, and Served 123 LLC prepares the Kansas subpoena from your foreign one.
Any nonparty adult. K.S.A. 60-303(d)(3) closes its list by allowing service by a person who is not a party and is at least 18. The whole list is quoted under Service, and our server signs as an adult who is not a party.
Only by default. Under K.S.A. 60-303 the sheriff serves unless a party, personally or through an attorney, tells the clerk it will take on service. Your counsel decides whether your side makes that election. Once made, responsibility shifts to the party, and the service section lists every person who may carry it out.
Yes. K.S.A. 60-245(b) says service of a subpoena may be made anywhere within this state, in accordance with 60-303. The issuing clerk’s county does not limit where the witness can be reached, though a motion still goes to the discovery county’s court. The nonparty travel limit still protects the witness.
Service still counts. Under K.S.A. 60-303, personal service is made by delivering or offering to deliver a copy, and in all cases when the person, or an agent authorized to accept service, refuses to receive the process, the duly authorized server’s offer and the refusal are sufficient service of process. The text is quoted under Service.
An officer makes a statement under penalty of perjury; a person other than an officer makes an affidavit or a K.S.A. 53-601 declaration. K.S.A. 60-312 wants the time, place and manner of service in either one, and it is filed with the court. It carries a 14-day deadline, quoted under Service.
Two statutes, both quoted on this page. K.S.A. 28-125 sets the daily amount for attending before a court, grand jury, judge, referee or commission, with mileage; the fee section quotes it. K.S.A. 60-245(b) says what must accompany a subpoena that requires attendance; see the service rule.
100 miles. K.S.A. 60-245(c)(3) measures it from where the person resides, is employed or regularly transacts business in person; for a nonresident, the first point is where the person was served. Past that limit, a timely motion requires the court to act. Travel to the place of trial is the stated exception, and The Nonparty Travel Limit quotes both.
In writing, under K.S.A. 60-245(c): an objection served on the party or attorney designated in the subpoena, before the earlier of the compliance date or 14 days after service. A 60-245a business records subpoena must tell the recipient about that right. The Earlier of Compliance or 14 Days quotes both rules, and the calculator counts the days.
In Kansas, not the home state of the case. K.S.A. 60-228a(f) keeps every protective-order, enforcement, quash or modify application in the discovery county’s court, under Kansas statutes, rather than the court behind the foreign subpoena. The grounds for quashing in 60-245 are quoted under Service.
Not always. K.S.A. 60-427 gives a physician-patient privilege in civil actions, with listed exceptions, and it falls away when the patient’s condition is part of a claim or defense of the patient, of a party claiming through or under the patient, or of a beneficiary through the patient’s contract. The records section quotes the subsection and goes on to federal law.
Yes, when the subpoena commands production only: under K.S.A. 60-245(c), the person need not appear in person unless also commanded to appear for a deposition, hearing or trial. The K.S.A. 60-245a business records route runs on delivered copies and a declaration or affidavit, and Copies and a Declaration quotes what the custodian does.
Everything from our preparation through service, if you order service. The clerk’s fee under K.S.A. 60-2001 sits inside that total, never on top, and any witness fee owed is advanced on it too. Send the foreign subpoena through the quote form; nothing is filed until you approve it.
One Chapter 60 docket fee set by K.S.A. 60-2001, the same statewide, plus the Judicial Branch Surcharge the Supreme Court assesses by administrative order. No per-county figure applies, and the clerk’s fee is in your quote. See One Statewide Docket Fee for the statute and the order.
No number of days is set. K.S.A. 60-228a(c)(2) tells the clerk to act “Promptly” and under “that court’s procedure,” and the rule section carries that text. Share your date under Requested Deadline on the quote form so it is in front of us from the start.
At least 14 days before it issues. Under K.S.A. 60-245a, the requesting party must give every party notice of the intent to request the subpoena, and if any party objects before issuance it does not issue unless the court orders it. K.S.A. 60-245a and Its 14-Day Notice quotes it, and Before a Documents Subpoena Is Served covers ordinary documents subpoenas.
Up to 14 days once service is effected. K.S.A. 60-312 puts that deadline on the officer or other person receiving process for service. The clock starts at service, not at the compliance date. The Service section quotes the subsection and says what each kind of server signs.
The side requesting them, if the custodian asks. Under K.S.A. 60-245a, the person the business records subpoena is directed to may demand the reasonable costs of copying the records, and if those costs are demanded, the records need not be produced until they are advanced. The statute is quoted under Copies and a Declaration.
One written quote covers document preparation, the clerk’s fee and service, when you order service.
