Oklahoma 2024 Regular Session

Oklahoma House Bill HB3218 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 3218 Page 1 1
	3	+	HB3218 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 3218 By: West (Kevin) of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 3218 By: West (Kevin) of the House
30	38
31	39		and
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33	41		Weaver of the Senate
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	47	+	COMMITTEE SUBSTITUTE
39	48
40	49		An Act relating to civil procedure; amending 12 O.S.
41	50		2021, Section 2004, as a mended by Section 1, Chapter
42	51		59, O.S.L. 2022 (12 O.S. Supp. 2023, Section 2004) ,
43	52		which relates to service of process; providing
44	53		service of process by electronic means; providing
45	54		provisions for return when serving by electronic
46	55		means; and providing an effec tive date.
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52	61		BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
53	62		SECTION 1. AMENDATORY 12 O.S. 2021, Section 2004, as
54	63		amended by Section 1, Chapte r 59, O.S.L. 2022 (12 O.S. Supp. 2023,
55	64		Section 2004), is amended to rea d as follows:
56	65		Section 2004.
57		-	PROCESS
58		-	A. SUMMONS: ISSUANCE. Upon filing of the petition, the clerk
59		-	shall forthwith issue a summon s. Upon request of the plaintiff
60		-	separate or addition al summons shall issue against any def endants.
61		-	B. SUMMONS: FORM.
62		-	1. The summons shall be signed by the clerk , be under the seal
63		-	of the court, contain the name of the court and the names of the
	66	+	Process.
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65		-	ENGR. H. B. NO. 3218 Page 2 1
	68	+	HB3218 HFLR Page 2
	69	+	BOLD FACE denotes Committee Amendments. 1
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	94	+	A. SUMMONS: ISSUANCE. Upon filing of the petition, the clerk
	95	+	shall forthwith issue a summon s. Upon request of the plaintiff
	96	+	separate or addition al summons shall issue against any def endants.
	97	+	B. SUMMONS: FORM.
	98	+	1. The summons shall be signed by the clerk , be under the seal
	99	+	of the court, contain the name of the court and the names of the
90	100		parties, be directed to the defendant, state the name and ad dress of
91	101		the plaintiff's attorney, if any, otherwise, the pla intiff's
92	102		address, and the time within which these rules require the defendant
93	103		to appear and defend, and shall notify the defendant that in case of
94	104		failure to appear, judgment by default will be r endered against the
95	105		defendant for the relief demanded in the petition.
96	106		2. A judgment by default shall not be different in kind from or
97	107		exceed in amount that prayed for in either the demand for judgm ent
98	108		or in cases not sounding in contract in a notice whic h has been
99	109		given the party against who m default judgment is s ought. Except as
100	110		to a party against whom a judgm ent is entered by default, every
101	111		final judgment shall grant the relief to which the party in whose
102	112		favor it is rendered is entitled, even if the p arty has not demanded
103	113		such relief in his or her pleadings.
104	114		C. BY WHOM SERVED: PERSON TO BE SERVED.
105	115		1. SERVICE BY PERSONAL DELIVERY.
106	116		a. At the election of the plaintiff, process, other than
107	117		a subpoena, shall be served by a sheriff or deputy
108		-	sheriff, a person licensed to make service of proce ss
109		-	in civil cases or a person specially appointed for
110		-	that purpose. The court shall freely make special
111		-	appointments to serve all process, other than a
112		-	subpoena, under this paragraph.
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114		-	ENGR. H. B. NO. 3218 Page 3 1
	119	+	HB3218 HFLR Page 3
	120	+	BOLD FACE denotes Committee Amendments. 1
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	145	+	sheriff, a person licensed to make service of proce ss
	146	+	in civil cases or a person specially appointed for
	147	+	that purpose. The court shall freely make special
	148	+	appointments to serve all process, other than a
	149	+	subpoena, under this paragraph.
139	150		b. A summons to be served by the sheriff or deputy
140	151		sheriff shall be del ivered to the sheriff b y the court
141	152		clerk or an attorney of record for the plaintiff.
142	153		When a summons, subpoena or other process is to be
143	154		served by the sherif f or deputy sheriff of another
144	155		county, the court clerk shall mail it, together with
145	156		the voucher of the court clerk for the fees collected
146	157		for the service, to the sheriff of that county. The
147	158		sheriff shall deposit the voucher in the Sheriff 's
148	159		Service Fee Account created pursuant to Section 514.1
149	160		of Title 19 of the Ok lahoma Statutes. The sheriff or
150	161		deputy sheriff shall serve t he process in the manner
151	162		that other process issued out of the court of the
152	163		sheriff's own county is served . A summons to be
153	164		served by a person licensed to make service of process
154	165		in civil cases or by a person specially appointed for
155	166		that purpose shall be d elivered by an attorney of
156	167		record for the plaintiff to such person.
157	168		c. Service shall be made as follows:
158		-	(1) upon an individual othe r than an infant who is
159		-	less than fifteen (15) years of age or an
160		-	incompetent person, by delivering a copy of the
161		-	summons and of the petition personally or by
162		-	leaving copies thereof at the person's dwelling
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164		-	ENGR. H. B. NO. 3218 Page 4 1
	170	+	HB3218 HFLR Page 4
	171	+	BOLD FACE denotes Committee Amendments. 1
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	196	+	(1) upon an individual othe r than an infant who is
	197	+	less than fifteen (15) years of age or an
	198	+	incompetent person, by delivering a copy of the
	199	+	summons and of the petition personally or by
	200	+	leaving copies thereof at the person's dwelling
189	201		house or usual place of abode with some person
190	202		then residing therein who is fifteen (15) years
191	203		of age or older, by delivering a copy of the
192	204		summons and of the petition to an agent
193	205		authorized by appointment or by law to receive
194	206		service of process, or by delivering a copy of
195	207		the summons and of the petitio n personally or by
196	208		leaving copies thereof at an agreed meeting p lace
197	209		with some person then re siding at the person's
198	210		dwelling house or usual place of abode,
199	211		(2) upon an infant who is less than fifteen (15)
200	212		years of age, by serving the summons and petition
201	213		personally and upon either of the infant's
202	214		parents or guardian, o r if they cannot be found,
203	215		then upon the person having the ca re or control
204	216		of the infant or with whom the infant lives; and
205	217		upon an incompetent person by serving the summons
206	218		and petition personally and upon the incompetent
207	219		person's guardian,
208		-	(3) upon a domestic or foreign corporation or upo n a
209		-	partnership or other u nincorporated association
210		-	which is subject to suit under a common name, by
211		-	delivering a copy of the summons and of the
212		-	petition to an officer, a managing or general
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214		-	ENGR. H. B. NO. 3218 Page 5 1
	221	+	HB3218 HFLR Page 5
	222	+	BOLD FACE denotes Committee Amendments. 1
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	247	+	(3) upon a domestic or foreign corporation or upo n a
	248	+	partnership or other u nincorporated association
	249	+	which is subject to suit under a common name, by
	250	+	delivering a copy of the summons and of the
	251	+	petition to an officer, a managing or general
239	252		agent or to any other agent au thorized by
240	253		appointment or by law t o receive service of
241	254		process and, if the agent is one authorized by
242	255		statute to receive service and the statute so
243	256		requires, by also mailing a copy to the
244	257		defendant,
245	258		(4) upon the United States or an officer or agency
246	259		thereof in the manner specified by Feder al Rule
247	260		of Civil Procedure 4,
248	261		(5) upon a state, county, school district, public
249	262		trust or municipal corporation or other
250	263		governmental organization thereof subject to
251	264		suit, by delivering a copy of the summons and of
252	265		the petition to the officer or individual
253	266		designated by specific sta tute; however, if there
254	267		is no statute, then upon the chief executive
255	268		officer or a clerk, secretary or other official
256	269		whose duty it is to maintain the official records
257	270		of the organization,
258		-	(6) upon an inmate incarcerated in an inst itution
259		-	under the jurisdiction and control of the
260		-	Department of Corrections, by delivering a copy
261		-	of the summons and of the petition to the warden
262		-	or superintendent or the des ignee of the warden
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264		-	ENGR. H. B. NO. 3218 Page 6 1
	272	+	HB3218 HFLR Page 6
	273	+	BOLD FACE denotes Committee Amendments. 1
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	298	+	(6) upon an inmate incarcerated in an inst itution
	299	+	under the jurisdiction and control of the
	300	+	Department of Corrections, by delivering a copy
	301	+	of the summons and of the petition to the warden
	302	+	or superintendent or the des ignee of the warden
289	303		or superintendent of the i nstitution where the
290	304		inmate is housed. It shall be the duty of the
291	305		receiving warden or superintendent or a designee
292	306		to promptly deliver the summons and petition to
293	307		the inmate named there in. The warden or
294	308		superintendent or his or her designee shall
295	309		reject service of process for any inmate who is
296	310		not actually present in the institution, and
297	311		(7) upon an inmate incarcerated in a county jail or
298	312		detention center under the jurisdiction and
299	313		control of the county sheri ff or the jail trust
300	314		of the county, by deliver ing a copy of the
301	315		summons and of the petition to the jail or
302	316		detention center administrator or the designee of
303	317		such administrator of the jail or detention
304	318		center where the inmate is hous ed. It shall be
305	319		the duty of the receiving jail or detention
306	320		center administrator or designee to promptly
307	321		deliver the summons and p etition to the inmate
308		-	named therein. The jail or detention center
309		-	administrator or designee shall reject service of
310		-	process for any inmate who is no t actually
311		-	present in the jail or detention ce nter.
312		-	2. SERVICE BY MAIL.
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314		-	ENGR. H. B. NO. 3218 Page 7 1
	323	+	HB3218 HFLR Page 7
	324	+	BOLD FACE denotes Committee Amendments. 1
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	349	+	named therein. The jail or detention center
	350	+	administrator or designee shall reject service of
	351	+	process for any inmate who is no t actually
	352	+	present in the jail or detention ce nter.
	353	+	2. SERVICE BY MAIL.
339	354		a. At the election of the plaintif f, a summons and
340	355		petition may be served by mail by the plaintiff's
341	356		attorney, any person authorized to serve process
342	357		pursuant to subparagraph a of par agraph 1 of this
343	358		subsection or by the court cl erk upon a defendant of
344	359		any class referred to in division (1) , (3) or (5) of
345	360		subparagraph c of paragraph 1 of thi s subsection.
346	361		Service by mail shall be effective on the date of
347	362		receipt or if refused, on the da te of refusal of the
348	363		summons and petition by t he defendant.
349	364		b. Service by mail shall be accomplished by mai ling a
350	365		copy of the summons and petition by certified mail,
351	366		return receipt requested and delivery restricted to
352	367		the addressee. When there is more tha n one defendant,
353	368		the summons and a copy of the petition or order shall
354	369		be mailed in a separate envelope to each defendant.
355	370		If the summons is to be served by m ail by the court
356	371		clerk, the court clerk shall enclose the summons and a
357	372		copy of the petition or o rder of the court to be
358		-	served in an envelope, prepared by the plaintiff,
359		-	addressed to the defendant, or to the resident service
360		-	agent if one has been appointe d. The court clerk
361		-	shall prepay the postage and mail the envelope to the
362		-	defendant, or service a gent, by certified mail, return
363	373
364		-	ENGR. H. B. NO. 3218 Page 8 1
	374	+	HB3218 HFLR Page 8
	375	+	BOLD FACE denotes Committee Amendments. 1
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	400	+	served in an envelope, prepared by the plaintiff,
	401	+	addressed to the defendant, or to the resident service
	402	+	agent if one has been appointe d. The court clerk
	403	+	shall prepay the postage and mail the envelope to the
	404	+	defendant, or service a gent, by certified mail, return
389	405		receipt requested and delivery restricted to the
390	406		addressee. The return receipt shall be prepared by
391	407		the plaintiff. Service by mail to a garnishee shall
392	408		be accomplished by mailing a copy of the su mmons and
393	409		notice by certified mail, return receipt requested,
394	410		and at the election of the judgment creditor b y
395	411		restricted delivery, to the addressee.
396	412		c. Service by mail shall not be the b asis for the entry
397	413		of a default or a judgment by default unless the
398	414		record contains a return rece ipt showing acceptance by
399	415		the defendant or a r eturned envelope showing refusal
400	416		of the process by the defend ant. Acceptance or
401	417		refusal of service by mail by a person who is fifteen
402	418		(15) years of age or older who resides at the
403	419		defendant's dwelling house or usual place of abode
404	420		shall constitute accepta nce or refusal by the party
405	421		addressed. In the case of an ent ity described in
406	422		division (3) of subparagraph c of p aragraph 1 of this
407	423		subsection, acceptance or refusal by any officer o r by
408		-	any employee of the reg istered office or principal
409		-	place of business who is authorized to or who
410		-	regularly receives certified mail shall constitute
411		-	acceptance or refusal by the party addressed. A
412		-	return receipt signed at such registered office or
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414		-	ENGR. H. B. NO. 3218 Page 9 1
	425	+	HB3218 HFLR Page 9
	426	+	BOLD FACE denotes Committee Amendments. 1
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	451	+	any employee of the reg istered office or principal
	452	+	place of business who is authorized to or who
	453	+	regularly receives certified mail shall constitute
	454	+	acceptance or refusal by the party addressed. A
	455	+	return receipt signed at such registered office or
439	456		principal place of business sha ll be presumed to have
440	457		been signed by an emplo yee authorized to receive
441	458		certified mail. In the case of a state municipal
442	459		corporation, or other governmental or ganization
443	460		thereof subject to suit, acceptance or refusal by an
444	461		employee of the office of the off icials specified in
445	462		division (5) of subparagra ph c of paragraph 1 of this
446	463		subsection who is authorized to o r who regularly
447	464		receives certified mail shall consti tute acceptance or
448	465		refusal by the party addressed . If delivery of the
449	466		process is refused, upon t he receipt of notice of such
450	467		refusal and at least ten (10) days before applying f or
451	468		entry of default, the p erson elected by plaintiff
452	469		pursuant to subparagraph a of this paragraph to serve
453	470		the process shall mail to the defendant by first-class
454	471		mail a copy of the summons and petition and a notice
455	472		prepared by the plaintiff that despite su ch refusal
456	473		the case will proceed and that judgment by default
457	474		will be rendered against him unless he appears to
458		-	defend the suit. Any default or judgment by default
459		-	shall be set aside upon motion of the defendant in the
460		-	manner prescribed in Section 1031.1 of this title, or
461		-	upon petition of the defendant in the manner
462		-	prescribed in Section 1033 of this title if the
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464		-	ENGR. H. B. NO. 3218 Page 10 1
	476	+	HB3218 HFLR Page 10
	477	+	BOLD FACE denotes Committee Amendments. 1
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	502	+	defend the suit. Any default or judgment by default
	503	+	shall be set aside upon motion of the defendant in the
	504	+	manner prescribed in Section 1031.1 of this title, or
	505	+	upon petition of the defendant in the manner
	506	+	prescribed in Section 1033 of this title if the
489	507		defendant demonstrates to the court that the return
490	508		receipt was signed or delivery was refused by an
491	509		unauthorized person. A petition shall be fi led within
492	510		one (1) year after the defendant has notice of the
493	511		default or judgment by default but in no event more
494	512		than two (2) years after the fili ng of the judgment.
495	513		3. SERVICE BY ELECTRONIC MEANS.
496	514		a. Upon a judge's order or if a copy of the summons and
497	515		petition cannot be persona lly delivered after three
498	516		attempts to the named defendant, as specified in
499	517		paragraph 1 of this subsection, a summons may be
500	518		served by electronic means, and by thereafter m ailing
501	519		a copy of the summons and of the complaint by
502	520		certified mail, postage prepaid to the named defendant
503	521		at the last-known address. Service of a summons in
504	522		this manner is deemed complete on the day of receipt
505	523		of the electronic transmission and mail ing. A summons
506	524		and petition may be served by electronic means by the
507	525		plaintiff's attorney, any person authorized to serve
508		-	process pursuant to subparagraph a of p aragraph 1 of
509		-	this subsection upon a defendant of any class r eferred
510		-	to in division (1), (3) , or (5) of subparagraph c of
511		-	paragraph 1 of this subse ction. Service by electronic
512		-	means shall be effective on the date of receip t or, if
513	526
514		-	ENGR. H. B. NO. 3218 Page 11 1
	527	+	HB3218 HFLR Page 11
	528	+	BOLD FACE denotes Committee Amendments. 1
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539		-	refused, on the date of refusal of the summons and
540		-	petition by the defendant.
	553	+	process pursuant to subparagraph a of par agraph 1 of
	554	+	this subsection or by the c ourt clerk upon a defendant
	555	+	of any class referred to in division (1), (3) , or (5)
	556	+	of subparagraph c of paragraph 1 of this subse ction.
	557	+	Service by electronic means shall be effective on the
	558	+	date of receipt or, if refused, on the da te of refusal
	559	+	of the summons and petition by the defendant.
541	560		b. Service by electronic means shall be accomplished by
542	561		sending an electronic notification to the named
543	562		defendant via email. The electronic notification
544	563		shall advise the named defendant of the nature of the
545	564		communication and shall include a hyperlink to a
546	565		secure application that tracks the email and provides
547	566		evidence of whether the email notific ation was bounced
548	567		back, returned, received, opened, and whether a copy
549	568		of the summons was viewed or downloaded by the named
550	569		defendant. The secure application shall give the
551	570		named defendant the option of accepting the service by
552	571		electronically signing an acknowledgement of receipt
553	572		in the application or the option of declining the
554	573		service. When there is more than one defendant, the
555	574		summons and a copy of the petition or order shall be
556	575		transmitted in a separate email notification to each
557		-	defendant. Service by email to a garnishee shall be
558		-	accomplished by transmitting via a secure application
559		-	a copy of the summons and notice, return receipt
560		-	requested, and at the election of the judgment
561		-	creditor, to the addressee.
	576	+	defendant. If the summons is to be transmitted by the
562	577
563		-	ENGR. H. B. NO. 3218 Page 12 1
	578	+	HB3218 HFLR Page 12
	579	+	BOLD FACE denotes Committee Amendments. 1
564	580		2
565	581		3
566	582		4
567	583		5
568	584		6
569	585		7
570	586		8
571	587		9
572	588		10
573	589		11
574	590		12
575	591		13
576	592		14
577	593		15
578	594		16
579	595		17
580	596		18
581	597		19
582	598		20
583	599		21
584	600		22
585	601		23
586	602		24
587	603
	604	+	court clerk, the court clerk shall enclose the summ ons
	605	+	and a copy of the petition or o rder of the court to be
	606	+	served in the email notification, prepared by the
	607	+	plaintiff, addressed to the defendant, or to the
	608	+	resident service agent if one has been appointed.
	609	+	Service by email to a garnishee shall be accomplished
	610	+	by transmitting via a secure application a copy of the
	611	+	summons and notice, return receipt requested, and at
	612	+	the election of the judgment creditor , to the
	613	+	addressee.
588	614		c. Service by electronic means shall not be the basis fo r
589	615		the entry of a default or a judgment by default unl ess
590	616		the record contains evidence showing acceptance by the
591	617		defendant or a returned e mail showing refusal of the
592	618		process by the defenda nt. Acceptance or refusal of
593	619		service by electronic means by a person who is fifteen
594	620		(15) years of age or older who resides at the
595	621		defendant's dwelling house or usual place of abode
596	622		shall constitute acceptance or refusal by the party
597	623		addressed. In the case of an entity described in
598	624		division (3) of subparagraph c of paragraph 1 of this
599	625		subsection, acceptance or refusal by any officer or by
600	626		any employee of the registered office or principal
601	627		place of business who is authorized to or who
602		-	regularly receives emails shall constitute acceptance
603		-	or refusal by the par ty addressed. A return receipt
604		-	email sent at such registered offi ce or principal
605		-	place of business shall be presumed to have been sent
606		-	by an employee authorized to email. In the case of a
607		-	state municipal corporation, or other governmental
608		-	organization thereof subject to suit, acceptance or
609		-	refusal by an employee of the office of the off icials
610		-	specified in division (5) of subparagraph c of
611		-	paragraph 1 of this subsect ion who is authorized to or
612	628
613		-	ENGR. H. B. NO. 3218 Page 13 1
	629	+	HB3218 HFLR Page 13
	630	+	BOLD FACE denotes Committee Amendments. 1
614	631		2
615	632		3
616	633		4
617	634		5
618	635		6
619	636		7
620	637		8
621	638		9
622	639		10
623	640		11
624	641		12
625	642		13
626	643		14
627	644		15
628	645		16
629	646		17
630	647		18
631	648		19
632	649		20
633	650		21
634	651		22
635	652		23
636	653		24
637	654
	655	+	regularly receives emails shall constitute acceptance
	656	+	or refusal by the par ty addressed. A return receipt
	657	+	email sent at such registered offi ce or principal
	658	+	place of business shall be presumed to have been sent
	659	+	by an employee authorized to email. In the case of a
	660	+	state municipal corporation, or other governmental
	661	+	organization thereof subject to suit, acceptance or
	662	+	refusal by an employee of the office of the off icials
	663	+	specified in division (5) of subparagraph c of
	664	+	paragraph 1 of this subsect ion who is authorized to or
638	665		who regularly receives email shall constitute
639	666		acceptance or refusal by the party addressed. If
640	667		delivery of the process is refused, upon t he receipt
641	668		of notice of such refusal and at least ten (10) days
642	669		before applying for entry of default, the person
643	670		elected by the plaintiff pursuant to subparagraph a of
644	671		this paragraph to serve the process shall email to the
645	672		defendant a copy of the summons and petition and a
646	673		notice prepared by the plaintiff that despite su ch
647	674		refusal the case will proceed and that ju dgment by
648	675		default will be rendered against him or her unless he
649	676		or she appears to defend the suit. Any default or
650	677		judgment by default shall be s et aside upon motion of
651	678		the defendant in the manner prescribed in Section
652		-	1031.1 of this title, or upon petition of the
653		-	defendant in the manner prescribed in Section 1033 of
654		-	this title if the defendant demonstrates to the court
655		-	that the return receipt email was sent or delivery was
656		-	refused by an unauthorized person. A petition shall
657		-	be filed within one (1) year after the defendant has
658		-	notice of the default or judgment by default but in no
659		-	event more than two (2) years after the filing of the
660		-	judgment.
661		-	4. SERVICE BY PUBLICATION.
662	679
663		-	ENGR. H. B. NO. 3218 Page 14 1
	680	+	HB3218 HFLR Page 14
	681	+	BOLD FACE denotes Committee Amendments. 1
664	682		2
665	683		3
666	684		4
667	685		5
668	686		6
669	687		7
670	688		8
671	689		9
672	690		10
673	691		11
674	692		12
675	693		13
676	694		14
677	695		15
678	696		16
679	697		17
680	698		18
681	699		19
682	700		20
683	701		21
684	702		22
685	703		23
686	704		24
687	705
	706	+	1031.1 of this title, or upon petition of the
	707	+	defendant in the manner prescribed in Section 1033 of
	708	+	this title if the defendant demonstrates to the court
	709	+	that the return receipt email was sent or delivery was
	710	+	refused by an unauthorized person. A petition shall
	711	+	be filed within one (1) year after the defendant has
	712	+	notice of the default or judgment by default but in no
	713	+	event more than two (2) years after the filing of the
	714	+	judgment.
	715	+	4. SERVICE BY PUBLICATION.
688	716		a. Service of summons upon a named defendant may be made
689	717		by publication when it is stated in the petition ,
690	718		verified by the plaintiff or the plaint iff's attorney
691	719		or in a separate affidavit by the plaintiff or the
692	720		plaintiff's attorney filed with the court, that with
693	721		due diligence service cannot be made upon the
694	722		defendant by any other method.
695	723		b. Service of summons upon the unknown successors of a
696	724		named defendant, a named decedent or a dissolved
697	725		partnership, corporation or other association may be
698	726		made by publication when it is stated in a petition,
699	727		verified by the plain tiff or the plaintiff's attorney
700	728		or in a separate affidavit by the plaintiff or the
701	729		plaintiff's attorney filed with the court, that the
702		-	person who verified the petition or the affidavit does
703		-	not know and with due diligence cannot ascertain the
704		-	following:
705		-	(1) whether a person named as defendant is li ving or
706		-	dead, and, if dead, the names or whereabouts of
707		-	the person's successors, if any,
708		-	(2) the names or whereabouts of the unknow n
709		-	successors, if any, of a named decedent,
710		-	(3) whether a partnership, corporation or other
711		-	association named as a defendant c ontinues to
712	730
713		-	ENGR. H. B. NO. 3218 Page 15 1
	731	+	HB3218 HFLR Page 15
	732	+	BOLD FACE denotes Committee Amendments. 1
714	733		2
715	734		3
716	735		4
717	736		5
718	737		6
719	738		7
720	739		8
721	740		9
722	741		10
723	742		11
724	743		12
725	744		13
726	745		14
727	746		15
728	747		16
729	748		17
730	749		18
731	750		19
732	751		20
733	752		21
734	753		22
735	754		23
736	755		24
737	756
	757	+	person who verified the petition or the affidavit does
	758	+	not know and with due diligence cannot ascertain the
	759	+	following:
	760	+	(1) whether a person named as defendant is li ving or
	761	+	dead, and, if dead, the names or whereabouts of
	762	+	the person's successors, if any,
	763	+	(2) the names or whereabouts of the unknow n
	764	+	successors, if any, of a named decedent,
	765	+	(3) whether a partnership, corporation or other
	766	+	association named as a defendant c ontinues to
738	767		have legal existence or not; or the names or
739	768		whereabouts of its officers or successors,
740	769		(4) whether any person designat ed in a record as a
741	770		trustee continues to be the trustee; or the names
742	771		or whereabouts of the successors of the trustee,
743	772		or
744	773		(5) the names or whereabouts of the owners o r holders
745	774		of special assessment or improvement bonds, or
746	775		any other bonds, sewer warrants o r tax bills.
747	776		c. Service pursuant to this paragraph shall be made by
748	777		publication of a notice, signed by the court clerk,
749	778		one (1) day a week for three (3) consecutive w eeks in
750	779		a newspaper authorized by law to publish legal notices
751	780		which is published in the c ounty where the petition is
752		-	filed. If no newspaper authorized by law to publish
753		-	legal notices is published in such county, t he notice
754		-	shall be published in some such newspaper of general
755		-	circulation which is published in an adjoining county .
756		-	All named parties and their unknown successo rs who may
757		-	be served by publication may be includ ed in one
758		-	notice. The notice shall state th e court in which the
759		-	petition is filed an d the names of the plaintiff and
760		-	the parties served by publication, and shall designate
761		-	the parties whose unknown successo rs are being served.
762	781
763		-	ENGR. H. B. NO. 3218 Page 16 1
	782	+	HB3218 HFLR Page 16
	783	+	BOLD FACE denotes Committee Amendments. 1
764	784		2
765	785		3
766	786		4
767	787		5
768	788		6
769	789		7
770	790		8
771	791		9
772	792		10
773	793		11
774	794		12
775	795		13
776	796		14
777	797		15
778	798		16
779	799		17
780	800		18
781	801		19
782	802		20
783	803		21
784	804		22
785	805		23
786	806		24
787	807
	808	+	filed. If no newspaper authorized by law to publish
	809	+	legal notices is published in such county, t he notice
	810	+	shall be published in some such newspaper of general
	811	+	circulation which is published in an adjoining county .
	812	+	All named parties and their unknown successo rs who may
	813	+	be served by publication may be includ ed in one
	814	+	notice. The notice shall state th e court in which the
	815	+	petition is filed an d the names of the p laintiff and
	816	+	the parties served by publication, and shall designate
	817	+	the parties whose unknown successo rs are being served.
788	818		The notice shall also state that the named defendants
789	819		and their unknown successors have been sued and must
790	820		answer the petition on or before a time to be stated
791	821		(which shall not be less than forty -one (41) days from
792	822		the date of the first publication), or judgment, the
793	823		nature of which shall be stated, will be rendered
794	824		accordingly. If jurisdiction of the court is base d on
795	825		property, any real property subject to the
796	826		jurisdiction of the court and any property or debts to
797	827		be attached or garnished must be described in the
798	828		notice.
799	829		(1) When the recovery of money is sought, it is not
800	830		necessary for the publication notice to sta te the
801	831		separate items involved, but the total amount
802		-	that is claimed must be stated . When interest is
803		-	claimed, it is not necessary to state the rate of
804		-	interest, the date from which interest is claimed
805		-	or that interest is claimed until the obligation
806		-	is paid.
807		-	(2) It is not necessary for the publication notice to
808		-	state that the judgment will in clude recovery of
809		-	costs in order for a judgment following the
810		-	publication notice to include costs of suit.
811	832
812		-	ENGR. H. B. NO. 3218 Page 17 1
	833	+	HB3218 HFLR Page 17
	834	+	BOLD FACE denotes Committee Amendments. 1
813	835		2
814	836		3
815	837		4
816	838		5
817	839		6
818	840		7
819	841		8
820	842		9
821	843		10
822	844		11
823	845		12
824	846		13
825	847		14
826	848		15
827	849		16
828	850		17
829	851		18
830	852		19
831	853		20
832	854		21
833	855		22
834	856		23
835	857		24
836	858
	859	+	that is claimed must be stated . When interest is
	860	+	claimed, it is not necessary to state the rate of
	861	+	interest, the date from which interest is claimed
	862	+	or that interest is claimed until the obligation
	863	+	is paid.
	864	+	(2) It is not necessary for the publication notice to
	865	+	state that the judgment will in clude recovery of
	866	+	costs in order for a judgment following the
	867	+	publication notice to include costs of suit.
837	868		(3) In an action to quiet title to real property, it
838	869		is not necessary for the publication notice to
839	870		state the nature of the claim or interest of
840	871		either party, and in describing the nature of the
841	872		judgment that will be rendered shou ld the
842	873		defendant fail to answer, it is suffi cient to
843	874		state that a decree quieting pla intiff's title to
844	875		the described property will be entered. It is
845	876		not necessary to state th at a decree forever
846	877		barring the defendant from asserting any interest
847	878		in or to the property is sought or will be
848	879		entered if the defendant does not answer.
849	880		(4) In an action to foreclose a mortgage, it is
850	881		sufficient that the publication notice state that
851	882		if the defendant does not answer, t he defendant's
852		-	interest in the property will be f oreclosed. It
853		-	is not necessary to state th at a judgment forever
854		-	barring the defendan t from all right, title,
855		-	interest, estate, property and equity of
856		-	redemption in or to the property or any part
857		-	thereof is requested or will be entered if the
858		-	defendant does not answer.
859		-	d. Service by publication is complete when made in the
860		-	manner and for the time prescribed in subparagraph c
861	883
862		-	ENGR. H. B. NO. 3218 Page 18 1
	884	+	HB3218 HFLR Page 18
	885	+	BOLD FACE denotes Committee Amendments. 1
863	886		2
864	887		3
865	888		4
866	889		5
867	890		6
868	891		7
869	892		8
870	893		9
871	894		10
872	895		11
873	896		12
874	897		13
875	898		14
876	899		15
877	900		16
878	901		17
879	902		18
880	903		19
881	904		20
882	905		21
883	906		22
884	907		23
885	908		24
886	909
	910	+	interest in the property will be f oreclosed. It
	911	+	is not necessary to state th at a judgment forever
	912	+	barring the defendan t from all right, ti tle,
	913	+	interest, estate, property and equity of
	914	+	redemption in or to the property or any part
	915	+	thereof is requested or will be entered if the
	916	+	defendant does not answer.
	917	+	d. Service by publication is complete when made in the
	918	+	manner and for the time prescribed i n subparagraph c
887	919		of this paragraph. Service by publication shall be
888	920		proved by the affidavit of any pe rson having knowledge
889	921		of the publication. No default judgment may be
890	922		entered on such servi ce until proof of service by
891	923		publication is filed with and approved by the court.
892	924		e. Before entry of a default judgment or order agai nst a
893	925		party who has been served solely by publication under
894	926		this paragraph, the c ourt shall conduct an inquiry to
895	927		determine whether the plaintiff, or someone acting i n
896	928		behalf of the plaintiff, made a distinct and
897	929		meaningful search of all reasonably availab le sources
898	930		to ascertain the wher eabouts of any named parties who
899	931		have been served solely by publication under this
900	932		paragraph. Before entry of a default judgment or
901	933		order against the unk nown successors of a named
902		-	defendant, a named decedent or a dissolved
903		-	partnership, corporation or asso ciation, the court
904		-	shall conduct an inquiry to as certain whether the
905		-	requirements describe d in subparagraph b of this
906		-	paragraph have been satisfied.
907		-	f. A party against whom a default judgment or order has
908		-	been rendered, without other service than by
909		-	publication in a newspaper, may, at any time within
910		-	three (3) years after the filing of the jud gment or
911	934
912		-	ENGR. H. B. NO. 3218 Page 19 1
	935	+	HB3218 HFLR Page 19
	936	+	BOLD FACE denotes Committee Amendments. 1
913	937		2
914	938		3
915	939		4
916	940		5
917	941		6
918	942		7
919	943		8
920	944		9
921	945		10
922	946		11
923	947		12
924	948		13
925	949		14
926	950		15
927	951		16
928	952		17
929	953		18
930	954		19
931	955		20
932	956		21
933	957		22
934	958		23
935	959		24
936	960
	961	+	defendant, a named decedent or a dissolved
	962	+	partnership, corporation or asso ciation, the court
	963	+	shall conduct an inquiry to as certain whether the
	964	+	requirements describe d in subparagraph b of this
	965	+	paragraph have been satisfied.
	966	+	f. A party against whom a default judgment or order has
	967	+	been rendered, without other service than by
	968	+	publication in a newspaper, may, at any time within
	969	+	three (3) years after the filing of the jud gment or
937	970		order, have the judgment or order se t aside in the
938	971		manner prescribed in Sections 1031.1 and 1033 of this
939	972		title. Before the judgment or order is set aside, th e
940	973		applicant shall notify the adverse party of the
941	974		intention to make an application and sh all file a full
942	975		answer to the petition, pay a ll costs if the cour t
943	976		requires them to be paid and satisfy the court by
944	977		affidavit or other evidence that during the penden cy
945	978		of the action the applicant had no actual noti ce
946	979		thereof in time to appear in court an d make a defense.
947	980		The title to any property which is the subject of and
948	981		which passes to a purchaser in good faith by or in
949	982		consequence of the judgment or order to be opened
950	983		shall not be affected by any proceedings u nder this
951	984		subparagraph. Nor shall proceedings under this
952		-	subparagraph affect the tit le of any property sold
953		-	before judgment under an attachment. The adverse
954		-	party, on the hearing of an application to open a
955		-	judgment or order as provided by this subparagr aph,
956		-	shall be allowed to present evidenc e to show that
957		-	during the pendency of the act ion the applicant had
958		-	notice thereof in time to appear in court and make a
959		-	defense.
960	985
961		-	ENGR. H. B. NO. 3218 Page 20 1
	986	+	HB3218 HFLR Page 20
	987	+	BOLD FACE denotes Committee Amendments. 1
962	988		2
963	989		3
964	990		4
965	991		5
966	992		6
967	993		7
968	994		8
969	995		9
970	996		10
971	997		11
972	998		12
973	999		13
974	1000		14
975	1001		15
976	1002		16
977	1003		17
978	1004		18
979	1005		19
980	1006		20
981	1007		21
982	1008		22
983	1009		23
984	1010		24
985	1011
	1012	+	subparagraph affect the tit le of any property s old
	1013	+	before judgment under an attachment. The adverse
	1014	+	party, on the hearing of an application to open a
	1015	+	judgment or order as provided by this subparagr aph,
	1016	+	shall be allowed to present evidenc e to show that
	1017	+	during the pendency of the act ion the applicant ha d
	1018	+	notice thereof in time to appear in court and make a
	1019	+	defense.
986	1020		g. The term "successors" includes all heirs, executors,
987	1021		administrators, devisees, trust ees and assigns,
988	1022		immediate and remote, of a named individual,
989	1023		partnership, corporatio n or association.
990	1024		h. Service outside of the state does not give the court
991	1025		in personal jurisdiction over a defendant who is not
992	1026		subject to the jurisdiction of the courts of this
993	1027		state or who has not, either in person or through an
994	1028		agent, submitted to the ju risdiction of the co urts of
995	1029		this state.
996	1030		4. 5. SERVICE ON THE SECRETARY OF STATE.
997	1031		a. Service of process on a domestic or for eign
998	1032		corporation may be made by serving the Secret ary of
999	1033		State as the corporation 's agent, if:
1000		-	(1) there is no registered agent for the corporation
1001		-	listed in the records of the Secretary of State,
1002		-	or
1003		-	(2) neither the registere d agent nor an officer of
1004		-	the corporation could be found at the registered
1005		-	office of the corporation, when service of
1006		-	process was attempted.
1007		-	b. Before resorting to se rvice on the Secretary of State
1008		-	the plaintiff must have attempted service either in
1009		-	person or by mail on the corporation at:
1010	1034
1011		-	ENGR. H. B. NO. 3218 Page 21 1
	1035	+	HB3218 HFLR Page 21
	1036	+	BOLD FACE denotes Committee Amendments. 1
1012	1037		2
1013	1038		3
1014	1039		4
1015	1040		5
1016	1041		6
1017	1042		7
1018	1043		8
1019	1044		9
1020	1045		10
1021	1046		11
1022	1047		12
1023	1048		13
1024	1049		14
1025	1050		15
1026	1051		16
1027	1052		17
1028	1053		18
1029	1054		19
1030	1055		20
1031	1056		21
1032	1057		22
1033	1058		23
1034	1059		24
1035	1060
	1061	+	(1) there is no registered agent for the corporation
	1062	+	listed in the records of the Secretary of State,
	1063	+	or
	1064	+	(2) neither the registere d agent nor an officer of
	1065	+	the corporation could be found at the registered
	1066	+	office of the corporation, when service of
	1067	+	process was attempted.
	1068	+	b. Before resorting to se rvice on the Secreta ry of State
	1069	+	the plaintiff must have attempted service either in
	1070	+	person or by mail on the corporation at:
1036	1071		(1) the corporation's last-known address shown on the
1037	1072		records of the Franchise Tax Division of the
1038	1073		Oklahoma Tax Commission, if any is listed there,
1039	1074		and
1040	1075		(2) the corporation's last-known address shown on the
1041	1076		records of the Secretary of State, if any is
1042	1077		listed there, and
1043	1078		(3) the corporation's last address known to the
1044	1079		plaintiff.
1045	1080		If any of these addresses are the same, the plaintiff
1046	1081		is not required to attemp t service more than once at
1047	1082		any address. The plaintiff shall furnish the
1048	1083		Secretary of State with a c ertified copy of the return
1049	1084		or returns showing the attempted service.
1050		-	c. Service on the Secretary of State shall be made by
1051		-	filing two (2) copies of the summons and petition with
1052		-	the Secretary of State, notifying the Secretar y of
1053		-	State that service is bein g made pursuant to the
1054		-	provisions of this paragrap h, and paying the Secretary
1055		-	of State the fee prescribed in paragraph 7 of
1056		-	subsection A of Section 1142 of Title 18 of the
1057		-	Oklahoma Statutes, which fee shall be taxed as part o f
1058		-	the costs of the action, suit or proceeding if the
1059		-	plaintiff shall prevail ther ein. If a registered
1060	1085
1061		-	ENGR. H. B. NO. 3218 Page 22 1
	1086	+	HB3218 HFLR Page 22
	1087	+	BOLD FACE denotes Committee Amendments. 1
1062	1088		2
1063	1089		3
1064	1090		4
1065	1091		5
1066	1092		6
1067	1093		7
1068	1094		8
1069	1095		9
1070	1096		10
1071	1097		11
1072	1098		12
1073	1099		13
1074	1100		14
1075	1101		15
1076	1102		16
1077	1103		17
1078	1104		18
1079	1105		19
1080	1106		20
1081	1107		21
1082	1108		22
1083	1109		23
1084	1110		24
1085	1111
	1112	+	c. Service on the Secretary of State shall be made by
	1113	+	filing two (2) copies of the su mmons and petition with
	1114	+	the Secretary of State, notifying the Secretar y of
	1115	+	State that service is bein g made pursuant to the
	1116	+	provisions of this paragrap h, and paying the Secretary
	1117	+	of State the fee prescribed in paragraph 7 of
	1118	+	subsection A of Section 1142 of Title 18 of the
	1119	+	Oklahoma Statutes, which fee shall be taxed as part o f
	1120	+	the costs of the action, suit or proceeding if the
	1121	+	plaintiff shall prevail ther ein. If a registered
1086	1122		agent for the corporation is listed in the records of
1087	1123		the Secretary of State, the p laintiff must also
1088	1124		furnish a certified copy of the return showing that
1089	1125		service on the registered agen t has been attempted
1090	1126		either in person or by mail, and that neither the
1091	1127		registered agent nor an officer of the corporation
1092	1128		could be found at the registered office of the
1093	1129		corporation.
1094	1130		d. Within three (3) working days after rece iving the
1095	1131		summons and petition, the Secretary of State shall
1096	1132		send notice by lette r, certified mail, return r eceipt
1097	1133		requested, directed to the corporation at its
1098	1134		registered office or the last-known address found in
1099	1135		the office of the Secretary of State, or i f no address
1100		-	is found there, to the corporation's last-known
1101		-	address provided by the plaintiff. The notice shall
1102		-	enclose a copy of the summons and petition and any
1103		-	other papers served upon the Secretary of State. The
1104		-	corporation shall not be required to serve its answer
1105		-	until forty (40) days after service of the summons and
1106		-	petition on the Secretary of State.
1107		-	e. Before entry of a default judgment or order against a
1108		-	corporation that has been served by serving the
1109		-	Secretary of State as its agent under this paragraph,
1110	1136
1111		-	ENGR. H. B. NO. 3218 Page 23 1
	1137	+	HB3218 HFLR Page 23
	1138	+	BOLD FACE denotes Committee Amendments. 1
1112	1139		2
1113	1140		3
1114	1141		4
1115	1142		5
1116	1143		6
1117	1144		7
1118	1145		8
1119	1146		9
1120	1147		10
1121	1148		11
1122	1149		12
1123	1150		13
1124	1151		14
1125	1152		15
1126	1153		16
1127	1154		17
1128	1155		18
1129	1156		19
1130	1157		20
1131	1158		21
1132	1159		22
1133	1160		23
1134	1161		24
1135	1162
	1163	+	is found there, to the corporation's last-known
	1164	+	address provided by the plaintiff. The notice shall
	1165	+	enclose a copy of the summons and petition and any
	1166	+	other papers served u pon the Secretary of State. The
	1167	+	corporation shall not be required to serve its answer
	1168	+	until forty (40) days after service of the summons and
	1169	+	petition on the Secretary of State.
	1170	+	e. Before entry of a default judgment or order against a
	1171	+	corporation that has been served by serving the
	1172	+	Secretary of State as its agent under this paragraph,
1136	1173		the court shall dete rmine whether the requirements of
1137	1174		this paragraph have been satisfied. A default
1138	1175		judgment or order against a corporation that has been
1139	1176		served only by servi ce on the Secretary of State may
1140	1177		be set aside upon motion of the corpo ration in the
1141	1178		manner prescribed in Section 1031.1 of this title, or
1142	1179		upon petition of the corporation in the manner
1143	1180		prescribed in Section 1033 of this title, if the
1144	1181		corporation demonstrat es to the court that it had no
1145	1182		actual notice of the action in time to appear and make
1146	1183		its defense. A petition shall be filed within one (1)
1147	1184		year after the corporation has notic e of the default
1148	1185		judgment or order but in no event more tha n two (2)
1149		-	years after the filing of the default judgment or
1150		-	order.
1151		-	f. The Secretary of Sta te shall maintain an alphabetic al
1152		-	record of service setting forth the name of the
1153		-	plaintiff and defendant, the title, docket number and
1154		-	nature of the proceeding in wh ich the process has been
1155		-	served upon the defendant, the fact that service has
1156		-	been effected pursuant to the provisions of this
1157		-	paragraph, the return date thereof and the d ate when
1158		-	the service was made. The Secretary of State shall
1159		-	not be required to retai n this information for a
1160	1186
1161		-	ENGR. H. B. NO. 3218 Page 24 1
	1187	+	HB3218 HFLR Page 24
	1188	+	BOLD FACE denotes Committee Amendments. 1
1162	1189		2
1163	1190		3
1164	1191		4
1165	1192		5
1166	1193		6
1167	1194		7
1168	1195		8
1169	1196		9
1170	1197		10
1171	1198		11
1172	1199		12
1173	1200		13
1174	1201		14
1175	1202		15
1176	1203		16
1177	1204		17
1178	1205		18
1179	1206		19
1180	1207		20
1181	1208		21
1182	1209		22
1183	1210		23
1184	1211		24
1185	1212
	1213	+	years after the filing of the default judgment or
	1214	+	order.
	1215	+	f. The Secretary of Sta te shall maintain an alphabetic al
	1216	+	record of service setting forth the name of the
	1217	+	plaintiff and defendant, the title, docket number and
	1218	+	nature of the proceeding in wh ich the process has been
	1219	+	served upon the defendant, the fact that service has
	1220	+	been effected pursuant to the provisions of this
	1221	+	paragraph, the return date thereof and the d ate when
	1222	+	the service was made. The Secretary of State shall
	1223	+	not be required to retai n this information f or a
1186	1224		period longer than five (5) years from receipt of the
1187	1225		service of process.
1188	1226		g. The provisions of this paragraph shall not apply to a
1189	1227		foreign insurance company doing busines s in this
1190	1228		state.
1191	1229		5. 6. SERVICE BY ACKNOWLEDGMENT. An acknowledgment on the back
1192	1230		of the summons or the voluntary appearance of a defendant is
1193	1231		equivalent to service.
1194	1232		6. 7. SERVICE BY OTHER METHODS. If service cannot be made by
1195	1233		personal delivery or, by mail, or by secured electronic means, a
1196	1234		defendant of any clas s referred to in division (1) or ( 3) of
1197	1235		subparagraph c of paragraph 1 of this subsection m ay be served as
1198	1236		provided by court order i n a manner which is reasonably calculated
1199		-	to give the defendant actual notice of the proceedings and an
1200		-	opportunity to be hea rd and upon filing an affidavit by the
1201		-	plaintiff or plaintiff's attorney that with due dil igence service
1202		-	cannot otherwise be made u pon the defendant.
1203		-	7. 8. NO SERVICE BY PRISONER . No prisoner in any jail,
1204		-	Department of Corrections facility, private prison, or parolee or
1205		-	probationer under supervision of the Department of Corrections shall
1206		-	be appointed by any court to serve process on an y defendant, party
1207		-	or witness.
1208		-	D. SUMMONS AND PETITION . The summons and petitio n shall be
1209		-	served together. The plaintiff shall furnish the person making
1210	1237
1211		-	ENGR. H. B. NO. 3218 Page 25 1
	1238	+	HB3218 HFLR Page 25
	1239	+	BOLD FACE denotes Committee Amendments. 1
1212	1240		2
1213	1241		3
1214	1242		4
1215	1243		5
1216	1244		6
1217	1245		7
1218	1246		8
1219	1247		9
1220	1248		10
1221	1249		11
1222	1250		12
1223	1251		13
1224	1252		14
1225	1253		15
1226	1254		16
1227	1255		17
1228	1256		18
1229	1257		19
1230	1258		20
1231	1259		21
1232	1260		22
1233	1261		23
1234	1262		24
1235	1263
	1264	+	to give the defendant actual notice of the proceedings and an
	1265	+	opportunity to be hea rd and upon filing an affidavit by the
	1266	+	plaintiff or plaintiff's attorney that with due dil igence service
	1267	+	cannot otherwise be made u pon the defendant.
	1268	+	7. 8. NO SERVICE BY PRISONER . No prisoner in any jail,
	1269	+	Department of Corrections facility, private prison, or parolee or
	1270	+	probationer under supervision of the Department of Corrections shall
	1271	+	be appointed by any court to serve process on an y defendant, party
	1272	+	or witness.
	1273	+	D. SUMMONS AND PETITION . The summons and petitio n shall be
	1274	+	served together. The plaintiff shall furnish the person making
1236	1275		service with such copies as are necessary. The failure to serve a
1237	1276		copy of the petition with the sum mons is not a ground for dismissal
1238	1277		for insufficiency of service of process, but o n motion of the party
1239	1278		served, the court may extend the time to answer or othe rwise plead.
1240	1279		If a summons and petition are served by pe rsonal delivery, the
1241	1280		person serving the su mmons shall state on the copy that is left with
1242	1281		the person served the date that s ervice is made. This provision is
1243	1282		not jurisdictional, but if the failure to comply with it prejudices
1244	1283		the party served, the court, o n motion of the party served, may
1245	1284		extend the time to answer or otherwise plead.
1246	1285		E. SUMMONS: TERRITORIAL LIMITS OF EFFECTI VE SERVICE.
1247		-	1. Service of the summons and p etition may be made anywhere
1248		-	within this state in the manner provided by subsection C of this
1249		-	section.
1250		-	2. When the exercise of jur isdiction is authorized by
1251		-	subsection F of this section, service of the summons a nd petition
1252		-	may be made outside this state:
1253		-	a. by personal delivery in the ma nner prescribed for
1254		-	service within this state,
1255		-	b. in the manner prescribed by the law of the place in
1256		-	which the service is made for service in that place in
1257		-	an action in any of it s courts of general
1258		-	jurisdiction,
1259	1286
1260		-	ENGR. H. B. NO. 3218 Page 26 1
	1287	+	HB3218 HFLR Page 26
	1288	+	BOLD FACE denotes Committee Amendments. 1
1261	1289		2
1262	1290		3
1263	1291		4
1264	1292		5
1265	1293		6
1266	1294		7
1267	1295		8
1268	1296		9
1269	1297		10
1270	1298		11
1271	1299		12
1272	1300		13
1273	1301		14
1274	1302		15
1275	1303		16
1276	1304		17
1277	1305		18
1278	1306		19
1279	1307		20
1280	1308		21
1281	1309		22
1282	1310		23
1283	1311		24
1284	1312
	1313	+	1. Service of the summons and p etition may be made anywhere
	1314	+	within this state in the manner provided by subsection C of this
	1315	+	section.
	1316	+	2. When the exercise of jur isdiction is authorized by
	1317	+	subsection F of this section, service of the summons a nd petition
	1318	+	may be made outside this state:
	1319	+	a. by personal delivery in the ma nner prescribed for
	1320	+	service within this state,
	1321	+	b. in the manner prescribed by the law of the place in
	1322	+	which the service is made for service in that place in
	1323	+	an action in any of it s courts of general
	1324	+	jurisdiction,
1285	1325		c. in the manner prescribed by paragraph 2 of subsection
1286	1326		C of this section,
1287	1327		d. as directed by the f oreign authority in response to a
1288	1328		letter rogatory,
1289	1329		e. in the manner prescribed by paragraph 3 4 of
1290	1330		subsection C of this secti on only when permitted by
1291	1331		subparagraphs a and b of paragraph 3 4 of subsection C
1292	1332		of this section, or
1293	1333		f. as directed by the court.
1294	1334		3. Proof of service outside this state may be made in the
1295	1335		manner prescribed by subsection G of this section, the order
1296	1336		pursuant to which the service is made, or the law of the place in
1297		-	which the service is made for proof of service in an action in any
1298		-	of its courts of general jurisdiction.
1299		-	4. Service outside this state may be made by an individual
1300		-	permitted to make service of pro cess under the law of this state or
1301		-	under the law of the place in which the s ervice is made or who is
1302		-	designated to make service by a court of this state.
1303		-	5. When subsection C of this section requires that in order to
1304		-	effect service one or more designated individuals be served, service
1305		-	outside this state under this section must be made upon the
1306		-	designated individual or individuals.
1307		-	6. a. A court of this state may order service upon any
1308		-	person who is domiciled or can be found within this
1309	1337
1310		-	ENGR. H. B. NO. 3218 Page 27 1
	1338	+	HB3218 HFLR Page 27
	1339	+	BOLD FACE denotes Committee Amendments. 1
1311	1340		2
1312	1341		3
1313	1342		4
1314	1343		5
1315	1344		6
1316	1345		7
1317	1346		8
1318	1347		9
1319	1348		10
1320	1349		11
1321	1350		12
1322	1351		13
1323	1352		14
1324	1353		15
1325	1354		16
1326	1355		17
1327	1356		18
1328	1357		19
1329	1358		20
1330	1359		21
1331	1360		22
1332	1361		23
1333	1362		24
1334	1363
	1364	+	which the service is made for proof of service in an action in any
	1365	+	of its courts of general jurisdiction.
	1366	+	4. Service outside this state may be made by an individual
	1367	+	permitted to make service of pro cess under the law of this state or
	1368	+	under the law of the place in which the s ervice is made or who is
	1369	+	designated to make service by a court of this state.
	1370	+	5. When subsection C of this section requires that in order to
	1371	+	effect service one or more designated individuals be served, service
	1372	+	outside this state under this section must be made upon the
	1373	+	designated individual or individuals.
	1374	+	6. a. A court of this state may order service upon any
	1375	+	person who is domiciled or can be found within this
1335	1376		state of any document issued in connection with a
1336	1377		proceeding in a tribunal outside this state . The
1337	1378		order may be made upon application of any interested
1338	1379		person or in response to a letter rogator y issued by a
1339	1380		tribunal outside this state and shall direct the
1340	1381		manner of service.
1341	1382		b. Service in connection with a proceeding in a tribunal
1342	1383		outside this state may be made within this state
1343	1384		without an order of court.
1344	1385		c. Service under this paragraph does not, of itself,
1345	1386		require the recognition or enforcement of an order,
1346	1387		judgment or decree rendered outside this state.
1347		-	F. ASSERTION OF JURISDICTION. A court of this state may
1348		-	exercise jurisdiction on any basis consisten t with the Constitution
1349		-	of this state and the Constitution of the United States.
1350		-	G. RETURN.
1351		-	1. The person serving the pro cess shall make proof of service
1352		-	thereof to the court promptly and in any eve nt within the time
1353		-	during which the person served must r espond to the process, but the
1354		-	failure to make proof of service does not affect the validity of the
1355		-	service.
1356		-	2. When process has been served by a sheriff or deputy sh eriff
1357		-	and return thereof is filed in the office of the court clerk, a copy
1358		-	of the return shall be sent by the court clerk to the pl aintiff's
1359	1388
1360		-	ENGR. H. B. NO. 3218 Page 28 1
	1389	+	HB3218 HFLR Page 28
	1390	+	BOLD FACE denotes Committee Amendments. 1
1361	1391		2
1362	1392		3
1363	1393		4
1364	1394		5
1365	1395		6
1366	1396		7
1367	1397		8
1368	1398		9
1369	1399		10
1370	1400		11
1371	1401		12
1372	1402		13
1373	1403		14
1374	1404		15
1375	1405		16
1376	1406		17
1377	1407		18
1378	1408		19
1379	1409		20
1380	1410		21
1381	1411		22
1382	1412		23
1383	1413		24
1384	1414
	1415	+	F. ASSERTION OF JURISDICTION. A court of this state may
	1416	+	exercise jurisdiction on any basis consisten t with the Constitution
	1417	+	of this state and the Constitution of the United States.
	1418	+	G. RETURN.
	1419	+	1. The person serving the pro cess shall make proof of service
	1420	+	thereof to the court promptly and in any eve nt within the time
	1421	+	during which the person served must r espond to the process, but the
	1422	+	failure to make proof of service does not affect the validity of the
	1423	+	service.
	1424	+	2. When process has been served by a sheriff or deputy sh eriff
	1425	+	and return thereof is filed in the office of the court clerk, a copy
	1426	+	of the return shall be sent by the court clerk to the pl aintiff's
1385	1427		attorney within three (3) days after the return is filed . If
1386	1428		service is made by a person other than a sheriff or d eputy sheriff,
1387	1429		the licensed process server shall make affidavit thereof. The
1388	1430		return shall set forth the county of issuance, the na me of the
1389	1431		person served and the date, place and method of service.
1390	1432		3. If service was by mail, the person mailing the summons and
1391	1433		petition shall endorse on th e copy of the summons or order of the
1392	1434		court that is filed in the action the date and place of mail ing and
1393	1435		the date when service was receipted or service was rejected, and
1394	1436		shall attach to the copy of the summons or order a c opy of the
1395	1437		return receipt or retu rned envelope, if and when received, showing
1396	1438		whether the mailing was accepted, refused or otherwis e returned. If
1397		-	the mailing was refused, the return shall also show the date and
1398		-	place of any subsequent mailing pursuant to paragraph 2 of
1399		-	subsection C of this section. When the summons and petition are
1400		-	mailed by the court clerk, the court clerk shall no tify the
1401		-	plaintiff's attorney within three (3) days after receipt of the
1402		-	returned card or envelope showing that the card or e nvelope has been
1403		-	received.
1404		-	4. If service was by secured electronic means, the person
1405		-	emailing the summons and petition shall endorse on th e copy of the
1406		-	summons or order of the court that is file d in the action the date
1407		-	and place of mailing and the date when servic e was receipted or
1408		-	service was rejected, and s hall attach to the copy of the summons or
1409	1439
1410		-	ENGR. H. B. NO. 3218 Page 29 1
	1440	+	HB3218 HFLR Page 29
	1441	+	BOLD FACE denotes Committee Amendments. 1
1411	1442		2
1412	1443		3
1413	1444		4
1414	1445		5
1415	1446		6
1416	1447		7
1417	1448		8
1418	1449		9
1419	1450		10
1420	1451		11
1421	1452		12
1422	1453		13
1423	1454		14
1424	1455		15
1425	1456		16
1426	1457		17
1427	1458		18
1428	1459		19
1429	1460		20
1430	1461		21
1431	1462		22
1432	1463		23
1433	1464		24
1434	1465
	1466	+	the mailing was refused, the return shall also show the date and
	1467	+	place of any subsequent mailing pursuant to paragraph 2 of
	1468	+	subsection C of this section. When the summons and petition are
	1469	+	mailed by the court clerk, the court clerk shall no tify the
	1470	+	plaintiff's attorney within three (3) days after receipt of the
	1471	+	returned card or envelope showing that the card or e nvelope has been
	1472	+	received.
	1473	+	4. If service was by secured electronic means, the person
	1474	+	emailing the summons and petition shall endorse on th e copy of the
	1475	+	summons or order of the court that is file d in the action the date
	1476	+	and place of mailing and the date when service was receipted or
	1477	+	service was rejected, and s hall attach to the copy of the summons or
1435	1478		order a copy of the return receipt email, if and when received,
1436	1479		showing whether the email was accepted, refused or otherwise
1437	1480		returned. If the emailing was refused, the return shall also show
1438	1481		the date and place of any subsequent emailing pursuant to paragraph
1439	1482		3 of subsection C of th is section. When the summons and petition
1440	1483		are emailed by the court clerk, the cou rt clerk shall notify the
1441	1484		plaintiff's attorney within three (3) days after receipt of the
1442	1485		return email was received.
1443	1486		H. AMENDMENT. At any time in its discretion and upon such
1444	1487		terms as it deems just, the court may allow any process or proof of
1445	1488		service thereof to be amended, unless it clearly appears that
1446		-	material prejudice would result to the substantial rights of the
1447		-	party against whom the process issued.
1448		-	I. SUMMONS: TIME LIMIT FOR SERVICE. If service of process is
1449		-	not made upon a defendant within one hundred eighty (180) days after
1450		-	the filing of the petition and the plaintiff has not shown good
1451		-	cause why such service was not made within that period, the action
1452		-	shall be deemed dismissed as to that defendant without pre judice and
1453		-	Section 100 of this title shall be applicable to any refiling of the
1454		-	action. Upon application of a defendant not timely served, the
1455		-	court shall enter an order dismissing the action as to that
1456		-	defendant. The court shall enter a dismissal order of an action
1457		-	within two hundred (200) days after the filing of the action in
1458		-	which no service has been made on any defendant as required pursuant
1459	1489
1460		-	ENGR. H. B. NO. 3218 Page 30 1
	1490	+	HB3218 HFLR Page 30
	1491	+	BOLD FACE denotes Committee Amendments. 1
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1484	1515
	1516	+	material prejudice would result to the substantial rights of the
	1517	+	party against whom the process issued.
	1518	+	I. SUMMONS: TIME LIMIT FOR SERVICE. If service of process is
	1519	+	not made upon a defendant within one hundred eighty (180) days after
	1520	+	the filing of the petition and the plaintiff has not shown good
	1521	+	cause why such service was not made within that period, the action
	1522	+	shall be deemed dismissed as to that defendant without pre judice and
	1523	+	Section 100 of this title shall be applicable to any refiling of the
	1524	+	action. Upon application of a defendant not timely served, the
	1525	+	court shall enter an order dismissing the action as to that
	1526	+	defendant. The court shall enter a dismissal order of an action
	1527	+	within two hundred (200) days after the filing of the action in
	1528	+	which no service has been made on any defendant as required pursuant
1485	1529		to this section and such order shall be mailed to the address of the
1486	1530		party or the party's attorney of record . The action shall not be
1487	1531		dismissed if a summons was served on the defendant wit hin one
1488	1532		hundred eighty (180) days after the fi ling of the petition and a
1489	1533		court later holds that the summons or its service was invalid .
1490	1534		After a court quashes a summons or its s ervice, a new summons may be
1491	1535		served on the defendant within a time specified by the judge. If
1492	1536		the new summons is not served within the specified time, the ac tion
1493	1537		shall be deemed to have been dismissed without prej udice as to that
1494	1538		defendant. This subsection shall not apply with respect to a
	1539	+
	1540	+	HB3218 HFLR Page 31
	1541	+	BOLD FACE denotes Committee Amendments. 1
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	1565	+
1495	1566		defendant who has been outside of this sta te for one hundred eighty
1496	1567		(180) days following the filing of the petition.
1497	1568		SECTION 2. This act shall become effective November 1, 2024.
1498		-	Passed the House of Representatives the 21st day of February,
1499		-	2024.
1500	1569
1501		-
1502		-
1503		-
1504		-	Presiding Officer of the House
1505		-	of Representatives
1506		-
1507		-
1508		-	Passed the Senate the ___ day of _________, 2024.
1509		-
1510		-
1511		-
1512		-
1513		-	Presiding Officer of the Senate
	1570	+	COMMITTEE REPORT BY: COMMI TTEE ON GENERAL GOVERNMENT, dated
	1571	+	02/15/2024 - DO PASS, As Amended and Coauthored.