K.S.A. 60-2003 was amended effective July 1, 1998, to allow the fees and mileage of a special process server to be allowed as court costs.

This should eliminate problems that attorneys have been having in some jurisdictions with judges who don't believe that the language in K.S.A. 61-1803 (c) (3) is sufficient for this.

Judge Lahey in Sedgwick County has indicated that he would like to see the procedure that has been used in the past continued, that is, the filing of some type of order for approval by the judge allowing these fees as costs. Generally, fees not exceeding $45 will be approved without hearing and in excess should be set for hearing on the motion docket.