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Oklahoma House Bill HB1230

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1230 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 1230 By: West (Kevin)
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3838 AS INTRODUCED
3939
4040 An Act relating to civil procedure; amending 12 O.S.
4141 2021, Section 2004, as amended by Section 1, Chapter
4242 59, O.S.L. 2022 (12 O.S. Supp. 2024, Section 2004),
4343 which relates to service of process; providing
4444 service of process by electronic means; providing
4545 provisions for return when serving by electronic
4646 means; and providing an effective date.
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5252 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5353 SECTION 1. AMENDATORY 12 O.S. 2021, Section 2004, as
5454 amended by Section 1, Chapter 59, O.S.L. 2022 (12 O.S. Supp. 2024,
5555 Section 2004), is amended to read as follows:
5656 Section 2004.
5757 PROCESS
5858 A. SUMMONS: ISSUANCE. Upon filing of the petition, the clerk
5959 shall forthwith issue a summons. Upon request of the plaintiff
6060 separate or additional summons shall issue against any defendants.
6161 B. SUMMONS: FORM.
6262 1. The summons shall be signed by the clerk, be under the s eal
6363 of the court, contain the name of the court and the names of the
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9090 parties, be directed to the defendant, state the name and address of
9191 the plaintiff's attorney, if any, otherwise, the plaintiff 's
9292 address, and the time within which these rules require th e defendant
9393 to appear and defend, and shall notify the defendant that in case of
9494 failure to appear, judgment by default will be rendered against the
9595 defendant for the relief demanded in the petition.
9696 2. A judgment by default shall not be different in kind from or
9797 exceed in amount that prayed for in either the demand for judgment
9898 or in cases not sounding in contract in a notice which has been
9999 given the party against whom default judgment is sought. Except as
100100 to a party against whom a judgment is entered by default, every
101101 final judgment shall grant the relief to which the party in whose
102102 favor it is rendered is entitled, even if the party has not demanded
103103 such relief in his or her pleadings.
104104 C. BY WHOM SERVED: PERSON TO BE SERVED.
105105 1. SERVICE BY PERSONAL DE LIVERY.
106106 a. At the election of the plaintiff, process, other than
107107 a subpoena, shall be served by a sheriff or deputy
108108 sheriff, a person licensed to make service of process
109109 in civil cases or a person specially appointed for
110110 that purpose. The court shall free ly make special
111111 appointments to serve all process, other than a
112112 subpoena, under this paragraph.
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139139 b. A summons to be served by the sheriff or deputy
140140 sheriff shall be delivered to the sheriff by the court
141141 clerk or an attorney of record for the plaintiff.
142142 When a summons, subpoena or other process is to be
143143 served by the sheriff or deput y sheriff of another
144144 county, the court clerk shall mail it, together with
145145 the voucher of the court clerk for the fees collected
146146 for the service, to the sheriff of that county. T he
147147 sheriff shall deposit the voucher in the Sheriff 's
148148 Service Fee Account created pursuant to Section 514.1
149149 of Title 19 of the Oklahoma Statutes. The sheriff or
150150 deputy sheriff shall serve the process in the manner
151151 that other process issued out of the cour t of the
152152 sheriff's own county is served. A summons to be
153153 served by a person l icensed to make service of process
154154 in civil cases or by a person specially appointed for
155155 that purpose shall be delivered by an attorney of
156156 record for the plaintiff to such person .
157157 c. Service shall be made as follows:
158158 (1) upon an individual other than an infant who is
159159 less than fifteen (15) years of age or an
160160 incompetent person, by delivering a copy of the
161161 summons and of the petition personally or by
162162 leaving copies thereof at the p erson's dwelling
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189189 house or usual place of abode with some person
190190 then residing therein who is fifteen (15) years
191191 of age or older, by delivering a copy of the
192192 summons and of the petition to an agent
193193 authorized by appointment or by law to receive
194194 service of process, or by delivering a copy of
195195 the summons and of the petition personally or by
196196 leaving copies thereof at an agreed meeting place
197197 with some person then residing at the person 's
198198 dwelling house or usual place of abode,
199199 (2) upon an infant who is less than fifteen (15)
200200 years of age, by serving the summons and petition
201201 personally and upon either of the infant 's
202202 parents or guardian, or if they cannot be found,
203203 then upon the person having the care or control
204204 of the infant or with whom the infant lives; and
205205 upon an incompetent person by serving the summons
206206 and petition personally and upon the incompetent
207207 person's guardian,
208208 (3) upon a domestic or foreign corporation or upon a
209209 partnership or other unincorporated association
210210 which is subject to suit under a common name, by
211211 delivering a copy of the summons and of the
212212 petition to an officer, a managing or general
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239239 agent or to any other agent authorized by
240240 appointment or by law to receive service of
241241 process and, if the agent is one authorized by
242242 statute to receive servi ce and the statute so
243243 requires, by also mailing a copy to the
244244 defendant,
245245 (4) upon the United States or an officer or agency
246246 thereof in the manner specified by Federal Rule
247247 of Civil Procedure 4,
248248 (5) upon a state, county, school district, public
249249 trust or municipal corporation or other
250250 governmental organization thereof subject to
251251 suit, by delivering a copy of the summons and of
252252 the petition to the officer or individual
253253 designated by specific statute; however, if there
254254 is no statute, then upon the chief executi ve
255255 officer or a clerk, secretary or other official
256256 whose duty it is to maintain the official records
257257 of the organization,
258258 (6) upon an inmate incarcerated in an institution
259259 under the jurisdiction and control of the
260260 Department of Corrections, by delivering a copy
261261 of the summons and of the petition to the warden
262262 or superintendent or th e designee of the warden
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289289 or superintendent of the institution where the
290290 inmate is housed. It shall be the duty of the
291291 receiving warden or superintendent or a designee
292292 to promptly deliver the summons and petition to
293293 the inmate named therein. The warden or
294294 superintendent or his or her designee shall
295295 reject service of process for any inmate who is
296296 not actually present in the institution, and
297297 (7) upon an inmate incarcerated in a cou nty jail or
298298 detention center under the jurisdiction and
299299 control of the county sheriff or the jail trust
300300 of the county, by delivering a copy of the
301301 summons and of the petition to the jail or
302302 detention center administrator or the designee of
303303 such administrator of the jail or detention
304304 center where the inmate is housed. It shall be
305305 the duty of the receiving jail or detention
306306 center administrator or designee to promptly
307307 deliver the summons and petition to the inmate
308308 named therein. The jail or detention center
309309 administrator or designee shall reject service of
310310 process for any inmate who is not actually
311311 present in the jail or detention center.
312312 2. SERVICE BY MAIL.
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339339 a. At the election of the plaintiff, a summons and
340340 petition may be served by mail by the plaintiff 's
341341 attorney, any person authorized to serve process
342342 pursuant to subparagraph a of paragraph 1 of this
343343 subsection or by the court clerk upon a defendant of
344344 any class referred to in division (1), (3) or (5) of
345345 subparagraph c of paragraph 1 of this subsection.
346346 Service by mail shall be effective on the date of
347347 receipt or if refused, on t he date of refusal of the
348348 summons and petition by the defendant.
349349 b. Service by mail shall be accomplished by mailing a
350350 copy of the summons and petition by certified mail,
351351 return receipt requested and delivery restricted to
352352 the addressee. When there is more than one defendant,
353353 the summons and a copy of the petition or order shall
354354 be mailed in a separate envelope to each defendant.
355355 If the summons is to be served by mail by the cou rt
356356 clerk, the court clerk shall enclose the summons and a
357357 copy of the petition or order of the court to be
358358 served in an envelope, prepared by the plaintiff,
359359 addressed to the defendant, or to the resident service
360360 agent if one has been appointed. The court clerk
361361 shall prepay the postage and mail the envelope to the
362362 defendant, or service agent, by certified mail, return
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389389 receipt requested and delivery restricted to the
390390 addressee. The return receipt shall be prepared by
391391 the plaintiff. Service by mail to a gar nishee shall
392392 be accomplished by mailing a copy of the summons and
393393 notice by certified mail, return receipt requested,
394394 and at the election of the judgment creditor by
395395 restricted delivery, to the addressee.
396396 c. Service by mail shall not be the basis for the e ntry
397397 of a default or a judgment by default unless the
398398 record contains a return receipt showing acceptance by
399399 the defendant or a returned envelope showing refusal
400400 of the process by the defendant. Acceptance or
401401 refusal of service by mail by a person who is fifteen
402402 (15) years of age or older who resides at the
403403 defendant's dwelling house or usual place of abode
404404 shall constitute acceptance or refusal by the party
405405 addressed. In the case of an entity described in
406406 division (3) of subparagraph c of paragraph 1 of this
407407 subsection, acceptance or refusal by any officer or by
408408 any employee of the registered office or principal
409409 place of business who is authorized to or who
410410 regularly receives certified mail shall constitute
411411 acceptance or refusal by the party addressed. A
412412 return receipt signed at such registered office or
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439439 principal place of busines s shall be presumed to have
440440 been signed by an employee authorized to receive
441441 certified mail. In the case of a state municipal
442442 corporation, or other governmental organization
443443 thereof subject to suit, acceptance or refusal by an
444444 employee of the office of the officials specified in
445445 division (5) of subparagraph c of paragraph 1 of this
446446 subsection who is authorized to or who regularly
447447 receives certified mail shall constitute acceptanc e or
448448 refusal by the party addressed. If delivery of the
449449 process is refused, u pon the receipt of notice of such
450450 refusal and at least ten (10) days before applying for
451451 entry of default, the person elected by plaintiff
452452 pursuant to subparagraph a of this para graph to serve
453453 the process shall mail to the defendant by first -class
454454 mail a copy of the summons and petition and a notice
455455 prepared by the plaintiff that despite such refusal
456456 the case will proceed and that judgment by default
457457 will be rendered against him u nless he appears to
458458 defend the suit. Any default or judgment by default
459459 shall be set aside upon motion of the defendant in the
460460 manner prescribed in Section 1031.1 of this title, or
461461 upon petition of the defendant in the manner
462462 prescribed in Section 1033 of this title if the
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489489 defendant demonstrates to the court that the return
490490 receipt was signed or delivery was refused by an
491491 unauthorized person. A petition shall be filed within
492492 one (1) year after the defendant has notice of the
493493 default or judgment by default but in no event more
494494 than two (2) years after the filing of the judgment.
495495 3. SERVICE BY ELECTRONIC MEANS.
496496 a. Upon a judge's order or if a copy of the summons and
497497 petition cannot be personally delivered after three
498498 attempts to the named defendant, as sp ecified in
499499 paragraph 1 of this subsection, a summons may be
500500 served by electronic means, and by thereafter mailing
501501 a copy of the summons and of the petition by certified
502502 mail, postage prepaid , to the named defendant at the
503503 last-known address. Service of a summons in this
504504 manner is deemed complete on the day of receipt of the
505505 electronic transmission and mailing. A summon s and
506506 petition may be served by electronic means by the
507507 plaintiff's attorney or any person authorized to serve
508508 process pursuant to s ubparagraph a of paragraph 1 of
509509 this subsection upon a defendant of any class referred
510510 to in division (1), (3), or (5) of subparagraph c of
511511 paragraph 1 of this subsection. Service by electronic
512512 means shall be effective on the date of receipt or, if
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539539 refused, on the date of refusal of the summons and
540540 petition by the defendant.
541541 b. Service by electronic means shall be accomplished by
542542 sending an electronic notification to the named
543543 defendant via email. The electronic notification
544544 shall advise the named defen dant of the nature of the
545545 communication and shall include a hyperlink to a
546546 secure application that tracks the email and provides
547547 evidence of whether the email notification was bounced
548548 back, returned, received, opened, and whether a copy
549549 of the summons was viewed or downloaded by the named
550550 defendant. The secure application shall give the
551551 named defendant the option of accepting the service by
552552 electronically signing an acknowledgement of receipt
553553 in the application or the option of declining the
554554 service. When there is more than one defendant, the
555555 summons and a copy of the petition or order shall be
556556 transmitted in a sepa rate email notification to each
557557 defendant. Service by email to a garnishee shall be
558558 accomplished by transmitting via a secure application
559559 a copy of the summons and notice, return receipt
560560 requested, and at the election of the judgment
561561 creditor, to the addr essee.
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588588 c. Service by electronic means shall not be the basis for
589589 the entry of a default or a judgment by default unless
590590 the record contains evidence showing acceptance by the
591591 defendant or a returned email showing refusal of the
592592 process by the defendant. A cceptance or refusal of
593593 service by electronic means by a person who is fifteen
594594 (15) years of age or older who resides at the
595595 defendant's dwelling house or usual place of abode
596596 shall constitute acceptance or refusal by the party
597597 addressed. In the case of a n entity described in
598598 division (3) of subparagraph c of paragraph 1 of this
599599 subsection, acceptance or refusal by any officer or by
600600 any employee of the registered office or principal
601601 place of business who is authorized to or who
602602 regularly receives emails sh all constitute acceptance
603603 or refusal by the party addressed. A return receipt
604604 email sent at such registered office or principal
605605 place of business shall be presumed to have been sent
606606 by an employee authorized to email. In the case of a
607607 state municipal corporation, or other governmental
608608 organization thereof subject to suit, acceptance or
609609 refusal by an employee of the office of the officials
610610 specified in division (5) of subparagraph c of
611611 paragraph 1 of this subsection who is authorized to or
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638638 who regularly receives email shall constitute
639639 acceptance or refusal by the party addressed. If
640640 delivery of process is refused, upon the receipt of
641641 notice of such refusal and at least ten (10) days
642642 before applying for entry of default, the person
643643 elected by the plaintiff pursuant to subparagraph a of
644644 this paragraph to serve the process shall email to the
645645 defendant a copy of the summons and petition and a
646646 notice prepared by the plaintiff stating that, despite
647647 such refusal, the case will proceed and that judgment
648648 by default will be rendered against him or her unless
649649 he or she appears to defend the suit. Any default or
650650 judgment by default shall be set aside upon motion of
651651 the defendant in the manner prescribed in Section
652652 1031.1 of this title, or upon petition of the
653653 defendant in the manner prescribed in Section 1033 of
654654 this title if the defendant demonstrates to the court
655655 that the return receipt email was sent or delivery was
656656 refused by an unauthorized person. A petition shall
657657 be filed within one (1) year after the defendant has
658658 notice of the default or judgment by default but in no
659659 event more than two (2) years after the filing of the
660660 judgment.
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688688 4. SERVICE BY PUBLICATION.
689689 a. Service of summons upon a named defendant may be made
690690 by publication when it is stated in the petitio n,
691691 verified by the plaintiff or the plaintiff 's attorney
692692 or in a separate affidavit by the plaintiff or the
693693 plaintiff's attorney filed with the court, that with
694694 due diligence service cannot be made upon the
695695 defendant by any other method.
696696 b. Service of summons upon the unknown successors of a
697697 named defendant, a named decedent or a dissolved
698698 partnership, corporation or other association may be
699699 made by publication when it is stated in a petition,
700700 verified by the plaintiff or the plaintiff 's attorney
701701 or in a separate affidavit by the plaintiff or the
702702 plaintiff's attorney filed with the court, that the
703703 person who verified the petition or the affidavit does
704704 not know and with due diligence cannot ascertain the
705705 following:
706706 (1) whether a person named as defendant is l iving or
707707 dead, and, if dead, the names or whereabouts of
708708 the person's successors, if any,
709709 (2) the names or whereabouts of the unknown
710710 successors, if any, of a named decedent,
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737737 (3) whether a partnership, corporation or other
738738 association named as a defendant continues to
739739 have legal existence or not; or the names or
740740 whereabouts of its officers or successors,
741741 (4) whether any person designated in a record as a
742742 trustee continues to be the trustee; or the names
743743 or whereabouts of the successors of the trustee,
744744 or
745745 (5) the names or whereabouts of the owners or holders
746746 of special assessment or improvement bonds, or
747747 any other bonds, sewer warrants or tax bills.
748748 c. Service pursuant to this paragraph shall be made by
749749 publication of a notice, signed by the court clerk,
750750 one (1) day a week for three (3) consecutive weeks in
751751 a newspaper authorized by law to publish legal notices
752752 which is published in the county where the petition is
753753 filed. If no newspaper authorized by law to publish
754754 legal notices is published in such county, the notice
755755 shall be published in some such newspaper of general
756756 circulation which is published in an adjoining county.
757757 All named parties and their unknown successors who may
758758 be served by publication may be included in one
759759 notice. The notice shall state t he court in which the
760760 petition is filed and the names of the plaintiff and
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787787 the parties served by publication, and shall designate
788788 the parties whose unknown successors are being served.
789789 The notice shall also state that the named defendants
790790 and their unknown successors have been sued and must
791791 answer the petition on or before a time to be stated
792792 (which shall not be less than forty -one (41) days from
793793 the date of the first publication), or judgment, the
794794 nature of which shall be stated, will be rendered
795795 accordingly. If jurisdiction of the court is based on
796796 property, any real property subject to the
797797 jurisdiction of the court and any property or debts to
798798 be attached or garnished must be described in the
799799 notice.
800800 (1) When the recovery of money is sought, it is not
801801 necessary for the publication notice to state the
802802 separate items involved, but the total amount
803803 that is claimed must be stated. When interest is
804804 claimed, it is not necessary to state the rate of
805805 interest, the date from which interest is claimed
806806 or that interest is claimed until the obligation
807807 is paid.
808808 (2) It is not necessary for the publication notice to
809809 state that the judgment will include recovery of
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836836 costs in order for a judgment following the
837837 publication notice to include costs of suit.
838838 (3) In an action to quiet title to real property, it
839839 is not necessary for the publication notice to
840840 state the nature of the claim or interest of
841841 either party, and in describing the nature of the
842842 judgment that will be rendered should the
843843 defendant fail to answer, it is suff icient to
844844 state that a decree quieting plaintiff 's title to
845845 the described property will be entered. It is
846846 not necessary to state that a decree forever
847847 barring the defendant from asserting any interest
848848 in or to the property is sought or will be
849849 entered if the defendant does not answer.
850850 (4) In an action to foreclose a mortgage, it is
851851 sufficient that the publication notice state that
852852 if the defendant does not answer, the defendant 's
853853 interest in the property will be foreclosed. It
854854 is not necessary to state th at a judgment forever
855855 barring the defendant from all right, title,
856856 interest, estate, property and equity of
857857 redemption in or to the property or any part
858858 thereof is requested or will be entered if the
859859 defendant does not answer.
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886886 d. Service by publication is complete when made in the
887887 manner and for the time prescribed in subparagraph c
888888 of this paragraph. Service by publication shall be
889889 proved by the affidavit of any person having knowledge
890890 of the publication. No default judgment may be
891891 entered on such servic e until proof of service by
892892 publication is filed with and approved by the court.
893893 e. Before entry of a default judgment or order against a
894894 party who has been served solely by publication under
895895 this paragraph, the court shall conduct an inquiry to
896896 determine whether the plaintiff, or someone acting in
897897 behalf of the plaintiff, made a distinct and
898898 meaningful search of all reasonably available sources
899899 to ascertain the whereabouts of any named parties who
900900 have been served solely by publication under this
901901 paragraph. Before entry of a default judgment or
902902 order against the unknown successors of a named
903903 defendant, a named decedent or a dissolved
904904 partnership, corporation or association, the court
905905 shall conduct an inquiry to ascertain whether the
906906 requirements described in subparagraph b of this
907907 paragraph have been satisfied.
908908 f. A party against whom a default judgment or order has
909909 been rendered, without other service than by
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936936 publication in a newspaper, may, at any time within
937937 three (3) years after the filing of the judgme nt or
938938 order, have the judgment or order set aside in the
939939 manner prescribed in Sections 1031.1 and 1033 of this
940940 title. Before the judgment or order is set aside, the
941941 applicant shall notify the adverse party of the
942942 intention to make an application and shall file a full
943943 answer to the petition, pay all costs if the court
944944 requires them to be paid and satisfy the court by
945945 affidavit or other evidence that during the pendency
946946 of the action the applicant had no actual notice
947947 thereof in time to appear in court and m ake a defense.
948948 The title to any property which is the subject of and
949949 which passes to a purchaser in good faith by or in
950950 consequence of the judgment or order to be opened
951951 shall not be affected by any proceedings under this
952952 subparagraph. Nor shall proceedi ngs under this
953953 subparagraph affect the title of any property sold
954954 before judgment under an attachment. The adverse
955955 party, on the hearing of an application to open a
956956 judgment or order as provided by this subparagraph,
957957 shall be allowed to present evidence t o show that
958958 during the pendency of the action the applicant had
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985985 notice thereof in time to appear in court and make a
986986 defense.
987987 g. The term "successors" includes all heirs, executors,
988988 administrators, devisees, trustees and assigns,
989989 immediate and remote, of a named individual,
990990 partnership, corporation or association.
991991 h. Service outside of the state does not give the court
992992 in personal jurisdiction over a defendant who is not
993993 subject to the jurisdiction of the courts of this
994994 state or who has not, either in perso n or through an
995995 agent, submitted to the jurisdiction of the courts of
996996 this state.
997997 4.
998998 5. SERVICE ON THE SECRETARY OF STATE.
999999 a. Service of process on a domestic or foreign
10001000 corporation may be made by serving the Secretary of
10011001 State as the corporation 's agent, if:
10021002 (1) there is no registered agent for the corporation
10031003 listed in the records of the Secretary of State,
10041004 or
10051005 (2) neither the registered agent nor an officer of
10061006 the corporation could be found at the registered
10071007 office of the corporation, when service of
10081008 process was attempted.
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10351035 b. Before resorting to service on the Secretary of State
10361036 the plaintiff must have attempted service either in
10371037 person or by mail on the corporation at:
10381038 (1) the corporation's last-known address shown on the
10391039 records of the Franchise Tax Div ision of the
10401040 Oklahoma Tax Commission, if any is listed there,
10411041 and
10421042 (2) the corporation's last-known address shown on the
10431043 records of the Secretary of State, if any is
10441044 listed there, and
10451045 (3) the corporation's last address known to the
10461046 plaintiff.
10471047 If any of these addresses are the same, the plaintiff
10481048 is not required to attempt service more than once at
10491049 any address. The plaintiff shall furnish the
10501050 Secretary of State with a certified copy of the return
10511051 or returns showing the attempted service.
10521052 c. Service on the Secretary of State shall be made by
10531053 filing two (2) copies of the summons and petition with
10541054 the Secretary of State, notifying the Secretary of
10551055 State that service is being made pursuant to the
10561056 provisions of this paragraph, and paying the Secretary
10571057 of State the fee prescribed in paragraph 7 of
10581058 subsection A of Section 1142 of Title 18 of the
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10851085 Oklahoma Statutes, which fee shall be taxed as part of
10861086 the costs of the action, suit or proceeding if the
10871087 plaintiff shall prevail therein. If a registered
10881088 agent for the corporation is listed in the records of
10891089 the Secretary of State, the plaintiff must also
10901090 furnish a certified copy of the return showing that
10911091 service on the registered agent has been attempted
10921092 either in person or by mail, and that neither the
10931093 registered agent nor an officer of the corporation
10941094 could be found at the registered office of the
10951095 corporation.
10961096 d. Within three (3) working days after receiving the
10971097 summons and petition, the Secretary of State shall
10981098 send notice by letter, certified mail, return receipt
10991099 requested, directed to the corporation at its
11001100 registered office or the last -known address found in
11011101 the office of the Secretary of State, or if no address
11021102 is found there, to the corporation 's last-known
11031103 address provided by the plaintiff. The notice shall
11041104 enclose a copy of the summons and petition and any
11051105 other papers served upon the Secretary of State. The
11061106 corporation shall not be required to serve its answer
11071107 until forty (40) days after service of the summons and
11081108 petition on the Secretary of State.
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11351135 e. Before entry of a default judgment or order against a
11361136 corporation that has been served by serving the
11371137 Secretary of State as its agent under this paragraph,
11381138 the court shall determine whether the requirements of
11391139 this paragraph have been satisfied. A default
11401140 judgment or order against a corporation that has been
11411141 served only by service on the Secretary of State may
11421142 be set aside upon motion of the corporation in the
11431143 manner prescribed in Section 1031.1 of this title, or
11441144 upon petition of the corporation in the manner
11451145 prescribed in Section 1033 of this title, if the
11461146 corporation demonstrates to the court that it had no
11471147 actual notice of the action in time to appear and make
11481148 its defense. A petition shall be filed within one (1)
11491149 year after the corporation has notice of the defau lt
11501150 judgment or order but in no event more than two (2)
11511151 years after the filing of the default judgment or
11521152 order.
11531153 f. The Secretary of State shall maintain an alphabetical
11541154 record of service setting forth the name of the
11551155 plaintiff and defendant, the title, doc ket number and
11561156 nature of the proceeding in which the process has been
11571157 served upon the defendant, the fact that service has
11581158 been effected pursuant to the provisions of this
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11851185 paragraph, the return date thereof and the date when
11861186 the service was made. The Secr etary of State shall
11871187 not be required to retain this information for a
11881188 period longer than five (5) years from receipt of the
11891189 service of process.
11901190 g. The provisions of this paragraph shall not apply to a
11911191 foreign insurance company doing business in this
11921192 state.
11931193 5. 6. SERVICE BY ACKNOWLEDGMENT. An acknowledgment on the back
11941194 of the summons or the voluntary appearance of a defendant is
11951195 equivalent to service.
11961196 6. 7. SERVICE BY OTHER METHODS. If service cannot be made by
11971197 personal delivery or, by mail, or by secured electronic means, a
11981198 defendant of any class referred to in division (1) or (3) of
11991199 subparagraph c of paragraph 1 of this subsection may be served as
12001200 provided by court order in a manner which is reasonably calculated
12011201 to give the defendant actual notice of t he proceedings and an
12021202 opportunity to be heard and upon filing an affidavit by the
12031203 plaintiff or plaintiff 's attorney that with due diligence service
12041204 cannot otherwise be made upon the defendant.
12051205 7. 8. NO SERVICE BY PRISONER. No prisoner in any jail,
12061206 Department of Corrections facility, private prison, or parolee or
12071207 probationer under supervision of the Department of Corrections shall
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12341234 be appointed by any court to serve process on any defendant, party
12351235 or witness.
12361236 D. SUMMONS AND PETITION. The summons and petit ion shall be
12371237 served together. The plaintiff shall furnish the person making
12381238 service with such copies as are necessary. The failure to serve a
12391239 copy of the petition with the summons is not a ground for dismissal
12401240 for insufficiency of service of process, but on motion of the party
12411241 served, the court may extend the time to answer or otherwise plead.
12421242 If a summons and petition are served by personal delivery, the
12431243 person serving the summons shall state on the copy that is left with
12441244 the person served the date that service is made. This provision is
12451245 not jurisdictional, but if the failure to comply with it prejudices
12461246 the party served, the court, on motion of the party served, may
12471247 extend the time to answer or otherwise plead.
12481248 E. SUMMONS: TERRITORIAL LIMITS OF EFFEC TIVE SERVICE.
12491249 1. Service of the summons and petition may be made anywhere
12501250 within this state in the manner provided by subsection C of this
12511251 section.
12521252 2. When the exercise of jurisdiction is authorized by
12531253 subsection F of this section, service of the summons and petition
12541254 may be made outside this state:
12551255 a. by personal delivery in the manner prescribed for
12561256 service within this state,
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12831283 b. in the manner prescribed by the law of the place in
12841284 which the service is made for service in that place in
12851285 an action in any of its courts of general
12861286 jurisdiction,
12871287 c. in the manner prescribed by paragraph 2 of subsection
12881288 C of this section,
12891289 d. as directed by the foreign authority in response to a
12901290 letter rogatory,
12911291 e. in the manner prescribed by paragraph 3 4 of
12921292 subsection C of this s ection only when permitted by
12931293 subparagraphs a and b of paragraph 3 4 of subsection C
12941294 of this section, or
12951295 f. as directed by the court.
12961296 3. Proof of service outside this state may be made in the
12971297 manner prescribed by subsection G of this section, the order
12981298 pursuant to which the service is made, or the law of the place in
12991299 which the service is made for proof of service in an action in any
13001300 of its courts of general jurisdiction.
13011301 4. Service outside this state may be made by an individual
13021302 permitted to make service of process under the law of this state or
13031303 under the law of the place in which the service is made or who is
13041304 designated to make service by a court of this state.
13051305 5. When subsection C of this section requires that in order to
13061306 effect service one or more desi gnated individuals be served, service
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13331333 outside this state under this section must be made upon the
13341334 designated individual or individuals.
13351335 6. a. A court of this state may order service upon any
13361336 person who is domiciled or can be found within this
13371337 state of any document issued in connection with a
13381338 proceeding in a tribunal outside this state. The
13391339 order may be made upon application of any interested
13401340 person or in response to a letter rogatory issued by a
13411341 tribunal outside this state and shall direct the
13421342 manner of service.
13431343 b. Service in connection with a proceeding in a tribunal
13441344 outside this state may be made within this state
13451345 without an order of court.
13461346 c. Service under this paragraph does not, of itself,
13471347 require the recognition or enforcement of an order,
13481348 judgment or decree rendered outside this state.
13491349 F. ASSERTION OF JURISDICTION. A court of this state may
13501350 exercise jurisdiction on any basis consistent with the Constitution
13511351 of this state and the Constitution of the United States.
13521352 G. RETURN.
13531353 1. The person serving t he process shall make proof of service
13541354 thereof to the court promptly and in any event within the time
13551355 during which the person served must respond to the process, but the
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13821382 failure to make proof of service does not affect the validity of the
13831383 service.
13841384 2. When process has been served by a sheriff or deputy sheriff
13851385 and return thereof is filed in the office of the court clerk, a copy
13861386 of the return shall be sent by the court clerk to the plaintiff 's
13871387 attorney within three (3) days after the return is filed. If
13881388 service is made by a person other than a sheriff or deputy sheriff,
13891389 the licensed process server shall make affidavit thereof. The
13901390 return shall set forth the county of issuance, the name of the
13911391 person served and the date, place and method of service.
13921392 3. If service was by mail, the person mailing the summons and
13931393 petition shall endorse on the copy of the summons or order of the
13941394 court that is filed in the action the date and place of mailing and
13951395 the date when service was receipted or service was rejected, and
13961396 shall attach to the copy of the summons or order a copy of the
13971397 return receipt or returned envelope, if and when received, showing
13981398 whether the mailing was accepted, refused or otherwise returned. If
13991399 the mailing was refused, the return shall also show the dat e and
14001400 place of any subsequent mailing pursuant to paragraph 2 of
14011401 subsection C of this section. When the summons and petition are
14021402 mailed by the court clerk, the court clerk shall notify the
14031403 plaintiff's attorney within three (3) days after receipt of the
14041404 returned card or envelope showing that the card or envelope has been
14051405 received.
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14321432 4. If service was by secured electronic means, the person
14331433 emailing the summons and petition shall endorse on the copy of the
14341434 summons or order of the court that is filed in the ac tion the date
14351435 and place of mailing and the date when service was receipted or
14361436 service was rejected, and shall attach to the copy of the summons or
14371437 order a copy of the return receipt email, if and when received,
14381438 showing whether the email was accepted, refus ed, or otherwise
14391439 returned. If the email was refused, the return shall also show the
14401440 date and place of any subsequent emailing pursuant to paragraph 3 of
14411441 subsection C of this section. When the summons and petition are
14421442 emailed by the court clerk, the court clerk shall notify the
14431443 plaintiff's attorney within three (3) days after receipt of the
14441444 returned email.
14451445 H. AMENDMENT. At any time in its discretion and upon such
14461446 terms as it deems just, the court may allow any process or proof of
14471447 service thereof to be am ended, unless it clearly appears that
14481448 material prejudice would result to the substantial rights of the
14491449 party against whom the process issued.
14501450 I. SUMMONS: TIME LIMIT FOR SERVICE. If service of process is
14511451 not made upon a defendant within one hundred eight y (180) days after
14521452 the filing of the petition and the plaintiff has not shown good
14531453 cause why such servic e was not made within that period, the action
14541454 shall be deemed dismissed as to that defendant without prejudice and
14551455 Section 100 of this title shall be ap plicable to any refiling of the
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14821482 action. Upon application of a defendant not timely served, the
14831483 court shall enter an order dismissing the action as to that
14841484 defendant. The court shall enter a dismissal order of an action
14851485 within two hundred (200) days after the filing of the action in
14861486 which no service has been made on any defendant as required pursuant
14871487 to this section and such order shall be mailed to the address of the
14881488 party or the party's attorney of record. The action shall not be
14891489 dismissed if a summons was served on the defendant within one
14901490 hundred eighty (180) days after the filing of the petition and a
14911491 court later holds that the summons or its service was invalid.
14921492 After a court quashes a summons or its service, a new summons may be
14931493 served on the defendant within a time specified by the judge. If
14941494 the new summons is not served within the specified time, the action
14951495 shall be deemed to have been dismissed without prejudice as to that
14961496 defendant. This subsection shall not apply with respect to a
14971497 defendant who has been outside of this state for one hundred eighty
14981498 (180) days following the filing of the petition.
14991499 SECTION 2. This act shall become effective November 1, 2025.
15001500
15011501 60-1-10563 AQH 01/15/25