Understanding Civil Process

Civil Process refers to the legal procedure used to provide individuals with formal notice of court proceedings that concern them. This ensures they have the opportunity to respond effectively. Typically, this notice is delivered through a set of documents known as "process" or "papers." Timely delivery is crucial, as it allows the recipient ample time to prepare for their case.

"Serving" documents means delivering them in various forms-such as personal delivery, residential delivery, agent delivery, first-class or certified mail, publication, or tacking. Importantly, serving does not imply arrest; it is solely about delivering legal documents. Under Kansas law, a recipient does not need to physically accept the documents or sign for them to be considered served. Additionally, if an individual refuses to accept service, that refusal is still considered valid service, placing the responsibility on the individual to respond to the court.

It's important to note that while the Sheriff's Office can execute court orders, only licensed attorneys can provide legal advice.

The Labette County Sheriff's Office serves only documents that originate from a court and bear the appropriate stamp and case number; private papers from attorneys will not be processed.

Civil Process Fees

In compliance with state law, the Sheriff's Office requires a $15.00 Service of Process Fee for each document served, excluding Out-of-State documents. Payments must be made via check or money order, payable to the Labette County Sheriff's Office. Documents lacking this fee will be returned to the court marked as "Unable to serve without proper fee."

In-State Sheriff Fee Payment Procedures

• Payment by Check/Money Order — at the time of filing with the District Court, each paper will have a check/money order attached to the top copy in the amount of $15.00 payable to the Labette County Sheriff’s Office.
• Fee Exempt — filings which are exempt from fees will have that fact noted on the top copy prior to filing.

Exemptions for In-State Fees Include:

• Protection from Abuse or Protection from Stalking papers.
• Papers filed by Government Entities.
• Post Decree Motions in divorce cases.
• Probate orders filed under KSA Chapter 59 for Mental, Drug and Alcohol Commitments.
• Documents and Writs filed under Chapters 21 (Criminal), Chapter 38 (Child in Need of Care), etc.
• Criminal subpoenas.

Out-of-County Fee Payment Procedures

Documents filed in the Labette County District Court for service outside Labette County should include fees made payable to the Sheriff's Office of the jurisdiction where the service is to be executed. Conversely, papers from other Kansas judicial districts intended for service in Labette County should include fees payable to the Labette County Sheriff's Office.

Out-of-State Fee Payment Procedures

For out-of-state documents, a check or money order for $50.00 must be attached to the top copy at the time of filing. Please send documents to:

Labette County Sheriff’s Office

718 5th Street

Oswego, KS 67356  

• Documents should include the following:
  • A self addressed stamped envelope.
  • Instructions for the completion of the return of service.
  • A cover letter that lists information on the person being served (address, phone, employer, etc.) and contact information for the person issuing the documents.

Exemptions for Out-of-State Fees Include:

• Protective Orders meeting the criteria of The Violence Against Women Act (18 U.S.C. 2265)
• Documents filed by government entities

For further assistance, please contact the Labette County Sheriff's Office at 620-795-2994.