Who May Serve a Subpoena in Kansas and How Service Is Effected (K.S.A. 60-245)
Under K.S.A. 60-245(b)(1), a civil subpoena issued by a Kansas district court or by an attorney as an officer of the court may be served at any place within the State of Kansas by the sheriff, by a deputy sheriff, or by any other person who is not a party and is at least 18 years of age. Unlike a Chapter 60 summons and petition—which under K.S.A. 60-303(d)(3) requires a specially appointed process server, attorney, or sheriff for personal delivery—any professional process server who is a non-party adult 18 or older has direct statutory authority under K.S.A. 60-245(b)(1) to serve a Kansas subpoena statewide without a motion or special appointment order.
K.S.A. 60-245(b) permits service of a subpoena upon the person named therein in accordance with K.S.A. 60-303 (which includes personal in-hand delivery, abode service, or return receipt delivery). However, when compelling a hostile, reluctant, or non-party fact witness to appear at a deposition or trial—where failure to obey may be punished as contempt of court under K.S.A. 60-245(e)—Kansas trial judges strongly favor personal in-hand delivery by an independent process server who can verify the witness's identity and document the exact time and location of service.
Calculating the Kansas Statutory Witness Fee & Mileage (K.S.A. 28-125 & K.S.A. 75-3203a)
Whenever a subpoena commands a witness's personal attendance to testify at a trial, hearing, or deposition, Kansas law entitles the witness to statutory attendance and mileage compensation. Specifically, two statutes govern the calculation:
1. Daily Attendance Fee ($10.00/day — K.S.A. 28-125(a)(1)): Witnesses attending before any court or grand jury, or before any judge, referee, or commission in a civil deposition or hearing, are entitled to receive $10.00 per day for each day's necessary attendance.
2. Round-Trip Mileage Rate (K.S.A. 28-125(a)(2) & K.S.A. 75-3203a): In addition to the $10.00 daily fee, witnesses are entitled to mileage for each mile necessarily and actually traveled in going to and returning from the place of attendance at the rate prescribed under K.S.A. 75-3203a for state employees using privately owned conveyances (which tracks the federal IRS standard business mileage rate—e.g., $0.67 to $0.70 per mile).
Example Calculation: If a witness residing in Lawrence, KS is subpoenaed to appear for a live deposition at a law firm in Overland Park, KS (a 36-mile one-way trip, or 72 miles round-trip), the witness fee check equals $10.00 (1 day attendance) + $50.40 (72 miles × $0.70/mile) = $60.40.
When Must the Fee Be Tendered? Under K.S.A. 60-245(b)(1), if the witness demands the fees for one day's attendance and the mileage allowed by law at the time the subpoena is served, the fees must be tendered; otherwise, the witness is not obligated to attend. To prevent any last-minute refusal or contempt defense, best practice in Kansas litigation is to attach the witness fee check directly to the subpoena or authorize our process server to advance the check upon hand delivery.
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Geographic Limits on Compelling Attendance (K.S.A. 60-245(c)(3)(A)(ii))
Before issuing a deposition or trial subpoena in Kansas, counsel must verify the mileage protection rules under K.S.A. 60-245(c)(3)(A)(ii). For a non-party resident of Kansas, a subpoena may require the resident to attend a deposition only within the county where the person resides, is employed, or transacts business in person, or at such other convenient place as is fixed by an order of the court.
Furthermore, on timely motion, the issuing court must quash or modify a subpoena that requires a person 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—except that a person may be commanded to attend a trial anywhere within the State of Kansas provided they do not incur substantial expense.
Non-Party Business Records Subpoenas Under K.S.A. 60-245a (14-Day Notice Rule)
When you only need certified business, medical, banking, or employment records from a non-party—and do not need the records custodian to appear in person for a live deposition—Kansas provides a dedicated statutory procedure under K.S.A. 60-245a (Subpoena of Nonparty Business Records). Navigating K.S.A. 60-245a requires strict adherence to a two-step timeline:
• Step 1: 14-Day Prior Notice to All Parties (K.S.A. 60-245a(b)(1)): The party seeking the records must give written 'Notice of Intent to Request the Issuance of a Subpoena' to every other party in the action at least 14 days before the subpoena is issued to the non-party custodian, attaching a copy of the proposed subpoena. If any party or the non-party serves a written objection within those 14 days, the subpoena cannot be issued without a court order.
• Step 2: Serving the K.S.A. 60-245a Subpoena + Custodian Affidavit: Once the 14-day objection window passes with no objection, the subpoena is issued and served on the non-party records custodian alongside a blank Declaration/Affidavit of Custodian of Business Records confirming that the records were made in the regular course of business. The subpoena must allow the custodian at least 14 days after service (or another reasonable time specified) to produce the certified records. Because no personal attendance is required, no $10 witness attendance fee is owed at the time of service.