Last amended July 1, 2011 · Last verified July 28, 2026
In one sentenceK.S.A. 60-203 fixes when a Kansas civil action legally begins — generally at filing, so long as service or first publication follows within 90 days, extendable 30 more days for good cause — and covers entry of appearance, curing defective service, and electronic filing of the petition.
(a)Time of commencement. A civil action is commenced at the time of:
(1)Filing a petition with the court, if service of process is obtained or the first publication is made for service by publication within 90 days after the petition is filed, except that the court may extend that time an additional 30 days upon a showing of good cause by the plaintiff; or
(2)service of process or first publication, if service of process or first publication is not made within the time specified by paragraph (1).
(b)Curing invalid service. If service of process or first publication purports to have been made but is later adjudicated to have been invalid due to an irregularity in form or procedure or a defect in making service, the action is considered to have been commenced at the applicable time under subsection (a) if valid service is obtained or first publication is made within 90 days after that adjudication, except that the court may extend that time an additional 30 days upon a showing of good cause by the plaintiff.
(c)Entry of appearance. The filing of an entry of appearance has the same effect as service. Written contact with the court by a defendant, or an attorney for the defendant invoking protection for the defendant under the servicemembers civil relief act (50 U.S.C. § 501 et seq.), and amendments thereto, is not an entry of appearance.
(d)Electronic filing. As used in this section, filing a petition with the court includes receipt by the court of a petition by electronic means complying with supreme court rules.
Amendment History
L. 1963, ch. 303, § 60-203; L. 1983, ch. 193, § 1; L. 1990, ch. 202, § 1; L. 1991, ch. 169, § 1; L. 1992, ch. 128, § 12; L. 2005, ch. 45, § 4; L. 2010, ch. 135, § 70; L. 2011, ch. 48, § 3; July 1.
Plain-English Summary
Section 60-203 answers a question that matters more than it looks: when does a Kansas lawsuit start? Subsection (a) sets two possible answers. If a party files a petition and then obtains service of process, or completes first publication for service by publication, within 90 days after filing, the action is treated as commenced on the filing date. The court can extend that 90-day window another 30 days if the plaintiff shows good cause. If service or first publication doesn't happen within that time, the action instead commences on the date service or first publication occurs.
Subsection (b) protects a plaintiff whose service later turns out to have been defective. If service or first publication appeared to have been made but a court later finds it invalid because of an irregularity in form or procedure or a defect in making service, the action still counts as commenced at the time set out in subsection (a) — as long as valid service or first publication happens within 90 days after that later ruling, again extendable 30 days for good cause.
Subsection (c) treats a defendant's entry of appearance the same as service for purposes of commencement. It carves out one exception: written contact with the court from a defendant, or from an attorney invoking protection for that defendant under the servicemembers civil relief act, doesn't count as an entry of appearance. Subsection (d) confirms that filing a petition includes the court's receipt of a petition by electronic means that complies with supreme court rules.
Frequently Asked Questions
When does a civil action officially start in Kansas?
Under 60-203(a), it starts when the petition is filed with the court, as long as service of process or first publication happens within 90 days after filing, or within an additional 30 days if the court finds good cause. If service or first publication doesn't happen in time, the action instead commences when service or first publication occurs.
What happens if my service of process turns out to have been invalid?
Subsection (b) still treats the action as commenced at the original time under subsection (a), so long as valid service or first publication happens within 90 days after the court adjudicates the earlier service invalid, extendable another 30 days for good cause.
Does contacting the court count as an entry of appearance?
Not always. Subsection (c) treats entry of appearance the same as service, but written contact with the court by a defendant, or by an attorney invoking servicemembers civil relief act protections for that defendant, doesn't count as an entry of appearance.
Can I file my petition electronically in Kansas?
Yes. Subsection (d) states that filing a petition with the court includes the court's receipt of a petition by electronic means that complies with supreme court rules.
How long can the 90-day service window be extended?
The court may extend the 90-day period an additional 30 days upon a showing of good cause by the plaintiff, both for initial service under subsection (a) and for curing invalid service under subsection (b).
Source & verification. Section text is reproduced verbatim from the
Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026.
· Official source
Also known as:kansas commencement of action60-203 90 day service deadlinekansas petition filing date lawsuit startcuring invalid service kansas civilservicemembers civil relief act entry of appearance kansas