Kansas Subpoenas For Minors

When minors are involved in Kansas litigation, it changes numerous legal issues, such statute of limitation issues and how a case is captioned. The statute of limitations could potentially be extended under the minor becomes of age. If the minor brings the suit while still a minor, an adult must be included to bring the suit on behalf of the minor child.

Another area where the law gets sticky, is when one party wants to serve process or a subpoena upon a minor. In that case, you have to serve both the minor child and the parent/guardian who is commanded to bring them pursuant to a subpoena. The civil code controls on how minors are served. K.S.A. 60-245 has you go to K.S.A. 60-303. K.S.A. 60-303€(2) then refers you to K.S.A. 60-304. K.S.A. 60-304(b) states that the minor and guardian/conservator/parent must be served. In other words, you have to serve both the legal caregiver and the minor. This can create interesting situations for lawyers involved in the case. Does the attorney file a motion to quash and then set it for a hearing? If the parties come, they would then likely be served at that time.

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