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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 138 By: Weaver
AS INTRODUCED
An Act relating to civil procedure; amending 12 O.S.
2021, Section 2004, as amended by Section 1, Chapter
59, O.S.L. 2022 (12 O.S. Supp. 2024, Section 2004),
which relates to service of process; authorizing
service of process by electronic means; establishing
procedures for service by electronic means;
establishing requirements for return when serving by
electronic means; making language gender neutral; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 2004, as
amended by Section 1, Chapter 59, O.S.L. 2022 (12 O.S. Supp. 2024 ,
Section 2004), is amended to read as follows:
Section 2004.
PROCESS
A. SUMMONS: ISSUANCE. Upon filing of the petition, the clerk
shall forthwith issue a summons. Upon request of the plaintiff
separate or additional summons shall issue against any def endants.
B. SUMMONS: FORM.
1. The summons shall be signed by the clerk, be under the seal
of the court, contain the name of the court and the names of the
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parties, be directed to the defendant, state the name and address of
the plaintiff’s attorney, if any, otherwise, the plaintiff ’s
address, and the time within which these rules require the defendant
to appear and defend, and shall notify the defendant that in case of
failure to appear, judgment by default will be rendered against the
defendant for the relief demanded in the petition.
2. A judgment by default shall not be differ ent in kind from or
exceed in amount that prayed for in either the demand for judgment
or in cases not sounding in contract in a notice which has been
given the party against who m default judgment is sought. Except as
to a party against whom a judgment is entered by default, every
final judgment shall grant the relief to which the party in whose
favor it is rendered is entitled, even if the party has not demanded
such relief in his or her pleadings.
C. BY WHOM SERVED: PERSON TO BE SERVED.
1. SERVICE BY PERSONAL DELIVERY.
a. At the election of the plaintiff, process, other than
a subpoena, shall be served by a sheriff or deputy
sheriff, a person licensed to make service of proce ss
in civil cases or a person specially appointed for
that purpose. The court shall freely make special
appointments to serve all process, other than a
subpoena, under this paragraph.
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b. A summons to be served by the sheriff or deputy
sheriff shall be del ivered to the sheriff by the court
clerk or an attorney of record for the plai ntiff.
When a summons, subpoena or other process is to be
served by the sheriff or deputy sheriff of another
county, the court clerk shall mail it, together with
the voucher of the court clerk for the fees collected
for the service, to the sheriff of that county. The
sheriff shall deposit the voucher in the Sheriff ’s
Service Fee Account created pursuant to Section 514.1
of Title 19 of the Oklahoma Statutes. The sheriff or
deputy sheriff shall serve the process in the manner
that other process issued out of the court of the
sheriff’s own county is served. A summons to be
served by a person licensed to make service of process
in civil cases or by a person specially appointed for
that purpose shall be delivered by an attorney of
record for the plaintiff to such person.
c. Service shall be made as follows:
(1) upon an individual other than an infant who is
less than fifteen (15) years of age or an
incompetent person, by delivering a copy of the
summons and of the petition personally or by
leaving copies there of at the person’s dwelling
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house or usual place of abode with some person
then residing therein who is fifteen (15) years
of age or older, by delivering a copy of the
summons and of the petition to an agent
authorized by appointment or by law to receive
service of process, or by delivering a copy of
the summons and of the petition personally or by
leaving copies thereof at an agreed meeting place
with some person then residing at the person’s
dwelling house or usual place of abode,
(2) upon an infant who i s less than fifteen (15)
years of age, by serving the summons and petition
personally and upon either of the infant ’s
parents or guardian, or if they cannot be found,
then upon the person having the care or control
of the infant or with whom the infant lives; and
upon an incompetent person by serving the summons
and petition personally and upon the incompetent
person’s guardian,
(3) upon a domestic or foreign corporation or upon a
partnership or other unincorporated association
which is subject to suit unde r a common name, by
delivering a copy of the summons and of the
petition to an officer, a managing or general
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agent or to any other agent authorized by
appointment or by law to r eceive service of
process and, if the agent is one authorized by
statute to receive service and the statute so
requires, by also mailing a copy to the
defendant,
(4) upon the United States or an officer or agency
thereof in the manner specified by Federal Rule
of Civil Procedure 4,
(5) upon a state, county, school district, public
trust or municipal corporation or other
governmental organization thereof subject to
suit, by delivering a copy of the summons and of
the petition to the officer or individual
designated by specific statute; however, if there
is no statute, then upon the chief executive
officer or a clerk, secretary or other official
whose duty it is to maintain the official records
of the organization,
(6) upon an inmate incarcerated in an institu tion
under the jurisdiction and control of the
Department of Corrections, by d elivering a copy
of the summons and of the petition to the warden
or superintendent or the designee of the warden
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or superintendent of the institution where the
inmate is housed. It shall be the duty of the
receiving warden or superintendent or a designee
to promptly deliver the summons and petition to
the inmate named therein. The warden or
superintendent or his or her designee shall
reject service of process for any inmate who is
not actually present in the institution, and
(7) upon an inmate incarcerat ed in a county jail or
detention center under the jurisdiction and
control of the county sheriff or the jail trust
of the county, by delivering a copy of the
summons and of the p etition to the jail or
detention center administrator or the designee of
such administrator of the jail or detention
center where the inmate is housed. It shall be
the duty of the receiving jail or detention
center administrator or designee to promptly
deliver the summons and petition to the inmate
named therein. The jail or deten tion center
administrator or designee shall reject service of
process for any inmate who is not actually
present in the jail or detention center.
2. SERVICE BY MAIL.
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a. At the election of the plaintiff, a summons and
petition may be served by mail by the plaintiff ’s
attorney, any person authorized to serve process
pursuant to subparagraph a of paragraph 1 of this
subsection or by the court clerk upon a defendant of
any class referred to in division (1), (3) or (5) of
subparagraph c of paragraph 1 of this s ubsection.
Service by mail shall be effective on the date of
receipt or if refused, on the date of refusal of the
summons and petition by the defendant.
b. Service by mail shall be accomplished by mailing a
copy of the summons and petition by certified mail,
return receipt requested and delivery restricted to
the addressee. When there is more than one defendant,
the summons and a copy of the petition or order shall
be mailed in a separate envelope to each defendant.
If the summons is to be served by mail by the court
clerk, the court clerk shall enclose the summons and a
copy of the petition or order of the court to be
served in an envelope, prepared by the plaintiff,
addressed to the defendant, or to the resident service
agent if one has been appointed. The court clerk
shall prepay the postage and mail the envelope to the
defendant, or service agent, by certified mail, return
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receipt requested and delivery restricted to the
addressee. The return receipt shall be prepared by
the plaintiff. Service by ma il to a garnishee shall
be accomplished by mailing a copy of the summons and
notice by certified mail, return receipt requested,
and at the election of the judgment creditor by
restricted delivery, to the addressee.
c. Service by mail shall not be the basis for the entry
of a default or a judgment by default unless the
record contains a return receipt showing acceptance by
the defendant or a returned envelope showing refusal
of the process by the defendant. Acceptance or
refusal of service by mail by a per son who is fifteen
(15) years of age or older who resides at the
defendant’s dwelling house or usual place of abode
shall constitute acceptance or refusal by the party
addressed. In the case of an entity described in
division (3) of subparagraph c of paragraph 1 of this
subsection, acceptance or refusal by any officer or by
any employee of the registered office or principal
place of business who is authorized to or who
regularly receives certified mail shall constitute
acceptance or refusal by the party ad dressed. A
return receipt signed at such registered office or
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principal place of business shall be presumed to have
been signed by an employee authorized to receive
certified mail. In the case of a state municipal
corporation, or other governmental organization
thereof subject to suit, acceptance or refusal by an
employee of the office of the officials specified in
division (5) of subparagraph c of paragraph 1 of this
subsection who is authorized to or who regularly
receives certified mail shall constitut e acceptance or
refusal by the party addressed. If delivery of the
process is refused, upon the receipt of notice of such
refusal and at least ten (10) days before applying for
entry of default, the person elected by plaintiff
pursuant to subparagraph a of this paragraph to serve
the process shall mail to the defendant by first -class
mail a copy of the summons and petition and a notice
prepared by the plaintiff that despite such refusal
the case will proceed and that judgment by default
will be rendered against him or her unless he or she
appears to defend the suit. Any default or judgment
by default shall be set aside upon motion of the
defendant in the manner prescribed in Sect ion 1031.1
of this title, or upon petition of the defendant in
the manner prescribed in Section 1033 of this title if
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the defendant demonstrates to the court that the
return receipt was signed or delivery was refused by
an unauthorized person. A petition shall be filed
within one (1) year after the defendant has notice of
the default or judgment by default but in no event
more than two (2) years after the filing of the
judgment.
3. SERVICE BY ELECTRONIC MEANS.
a. Upon a court order or if a copy of the sum mons and
petition cannot be personally delivered after three
attempts to the named defendant as specified in
paragraph 1 of this subsection, a summons may be
served by electronic means, and by thereafter mailing
a copy of the summons and the petition by certified
mail, postage prepaid to the named defendant at the
last-known address. Service of a summons in such
manner shall be deemed complete on the day of receipt
of the electronic transmission and mailing. A summon s
and petition may be served b y electronic means by the
plaintiff’s attorney or any person authorized to serve
process pursuant to subparagraph a of paragraph 1 of
this subsection upon a defendant of any class referred
to in division (1), (3), or (5) of su bparagraph c of
paragraph 1 of this subsection. Service by electronic
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means shall be effective on the date of receipt or, if
refused, on the date of refusal of the summons and
petition by the defendant.
b. Service by electronic means shall be accomplished by
sending an electroni c notification to the named
defendant via electronic mail. The electronic
notification shall advise the named defendant of the
nature of the communication and shall include a
hyperlink to a secure application that tracks and
provides evidence of whether th e electronic mail
notification was bounced back, returned, received, or
opened, and whether a copy of the summons was viewed
or downloaded by the named defendant. The secure
application shall give the named defendant the option
of accepting the service by electronically signing an
acknowledgement of receipt in the application or the
option of declining the service . When there is more
than one defendant, the summons and a copy of the
petition or order shall be transmitted in a separate
electronic mail notification to each defendant.
Service by electronic mail to a garnishee shall be
accomplished by transmitting via a secure application
a copy of the summons and notice, return receipt
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requested, and at the election of the judgment
creditor, to the addressee.
c. Service by electronic means shall not be the basis for
the entry of a default or a judgment by default unless
the record contains evidence showing acceptance by the
defendant or a returned e lectronic mail showing
refusal of the process by the defendant. Acceptance
or refusal of service by electronic means by a person
who is fifteen (15) years of age or older who resides
at the defendant’s dwelling house or usual place of
residence shall constitute acceptance or refusal by
the party addressed. In the case of an entity
described in division (3) of subparagraph c of
paragraph 1 of this subsection, acceptance or refusal
by any officer or by any employee of the registered
office or principal place of business who is
authorized to or who regula rly receives electronic
mail shall constitute acceptance or refusal by the
party addressed. A return receipt e lectronic mail
sent from such registered office or principal place of
business shall be presumed to have been sent by an
employee authorized to send electronic mail. In the
case of a state municipal corporation or other
governmental organization subject to suit, acceptance
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or refusal by an employee of the office of the
officials specified in division (5) of subparagraph c
of paragraph 1 of this su bsection who is authorized to
or who regularly receives e lectronic mail shall
constitute acceptance or refusal by the party
addressed. If delivery of the process is refused,
upon the receipt of notice of such refusal and at
least ten (10) days before applying f or entry of
default, the person elected by the plaintiff pursuant
to subparagraph a of this paragraph to serve the
process shall send an electronic notification via
electronic mail to the defendant that includes a copy
of the summons and petition and a notice prepared by
the plaintiff that despite such refusal the case will
proceed and that judgment by default will be rendered
against him or her unless he or she appears to defend
the action. Any default or judgment by default shall
be set aside upon motion of the defendant in the
manner prescribed in Section 1031.1 of this title, or
upon petition of the defendant in the manner
prescribed in Section 1033 of this title if the
defendant demonstrates to the court that the return
receipt electronic mail was sent, or delivery was
refused by an unauthorized person. A petition shall
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be filed within one (1) year after the defendant
receives notice of the default or judgment by default
but in no event more than two (2) years after the
filing of the judgment.
4. SERVICE BY PUBLICATION.
a. Service of summons upon a named defendant may be made
by publication when it is stated in the petition,
verified by the plaintiff or the plaintiff ’s attorney
or in a separate affidavit by the plaintiff or the
plaintiff’s attorney filed with the court, that with
due diligence service cannot be made upon the
defendant by any other method.
b. Service of summons upon the unknown successors of a
named defendant, a named decedent or a dissolved
partnership, corporation or other association may be
made by publication when it is stated in a petition,
verified by the plaintiff or the plaintiff ’s attorney
or in a separate affidavit by the plaintiff or the
plaintiff’s attorney filed with the court, that the
person who verified the petition or the affidavit does
not know and with due diligence cannot ascertain the
following:
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(1) whether a person named as defendant is living or
dead, and, if dead, the names or whereabouts of
the person’s successors, if any,
(2) the names or whereabouts of the unknow n
successors, if any, of a named decedent,
(3) whether a partnership, corporation or other
association named as a defendant continues to
have legal existence or not; or the names or
whereabouts of its officers or successors,
(4) whether any person de signated in a record as a
trustee continues to be the trustee; or the names
or whereabouts of the successors of the trustee,
or
(5) the names or whereabouts of the owners or holders
of special assessment or improvement bonds, or
any other bonds, sewer warrants o r tax bills.
c. Service pursuant to this paragraph shall be made by
publication of a notice, signed by the court clerk,
one (1) day a week for three (3) consecutive weeks in
a newspaper authorized by law to publish legal notices
which is published in the county where the petition is
filed. If no newspaper authorized by law to publish
legal notices is published in such county, the notice
shall be published in some such newspaper of general
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circulation which is published in an adjoining county.
All named parties and their unknown successors who may
be served by publication may be included in one
notice. The notice shall state the court in which the
petition is filed and the names of the plaintiff and
the parties served by publication , and shall designate
the parties whose unknown successors are being served.
The notice shall also state that the named defendants
and their unknown successors have been sued and must
answer the petition on or before a time to be stated
(which shall not be less than forty -one (41) days from
the date of the first publication), or judgment, the
nature of which shall be stated, will be rendered
accordingly. If jurisdiction of the court is based on
property, any real property subject to the
jurisdiction of the court and any pr operty or debts to
be attached or garnished must be described in the
notice.
(1) When the recovery of money is sought, it is not
necessary for the publication notice to state the
separate items involved, but the total amount
that is claimed must be stated. When interest is
claimed, it is not necessary to state the rate of
interest, the date from which interest is claimed
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or that interest is claimed until the obligation
is paid.
(2) It is not necessary for the publication notice to
state that the judgment w ill include recovery of
costs in order for a judgment following the
publication notice to include costs of suit.
(3) In an action to quiet title to real property, it
is not necessary for the publication notice to
state the nature of the claim or interest of
either party, and in describing the nature of the
judgment that will be rendered should the
defendant fail to answer, it is sufficient to
state that a decree quieting plaintiff ’s title to
the described property will be entered. It is
not necessary to state that a decree forever
barring the defendant from asserting any interest
in or to the property is sought or will be
entered if the defendant does not answer.
(4) In an action to foreclose a mortgage, it is
sufficient that the publication notice state that
if the defendant does not answer, the defendant ’s
interest in the property will be foreclosed. It
is not necessary to state that a judgment forever
barring the defendant from all right, title,
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interest, estate, property and equity of
redemption in or to the property or any part
thereof is requested or will be entered if the
defendant does not answer.
d. Service by publication is complete when made in the
manner and for the time prescribed in subparagraph c
of this paragraph. Service by publication shall be
proved by the affidavit of any person having knowledge
of the publication. No default judgment may be
entered on such service until proof of service by
publication is filed with and approved by the court.
e. Before entry of a default judgment or orde r against a
party who has been served solely by publication under
this paragraph, the court shall conduct an inquiry to
determine whether the plaintiff, or someone acting in
behalf of the plaintiff, made a distinct and
meaningful search of all reasonably availab le sources
to ascertain the whereabouts of any named parties who
have been served solely by publication under this
paragraph. Before entry of a default judgment or
order against the unknown successors of a named
defendant, a named decedent or a diss olved
partnership, corporation or association, the court
shall conduct an inquiry to ascertain whether the
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requirements described in subparagraph b of this
paragraph have been satisfied.
f. A party against whom a default judgment or order has
been rendered, without other service than by
publication in a newspaper, may, at any time within
three (3) years after the filing of the judgment or
order, have the judgment or order set aside in the
manner prescribed in Sections 1031.1 and 1033 of this
title. Before the judgment or order is set aside, the
applicant shall notify the adverse party of the
intention to make an application and shall file a full
answer to the petition, pay all costs if the court
requires them to be paid and satisfy the court by
affidavit or other evidence that during the pendency
of the action the applicant had no actual notice
thereof in time to appear in court and make a defense.
The title to any property which is the subject of and
which passes to a purchaser in good faith by or in
consequence of the judgment or order to be opened
shall not be affected by any proceedings under this
subparagraph. Nor shall proceedings under this
subparagraph affect the title of any property sold
before judgment under an attachment. The adverse
party, on the hearing of an application to open a
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judgment or order as provided by this subparagraph,
shall be allowed to present evidence to show that
during the pendency of the action the applicant had
notice thereof in time to appear in court and make a
defense.
g. The term “successors” includes all heirs, executors,
administrators, devisees, trustees and assigns,
immediate and remote, of a named individual,
partnership, corporation or association.
h. Service outside of the state does not give the court
in personal jurisdiction over a defendant who is not
subject to the jurisdiction of the courts of this
state or who has not, either in person or through an
agent, submitted to the jurisdiction of the courts of
this state.
4. 5. SERVICE ON THE SECRETARY OF STATE.
a. Service of process on a domestic or foreign
corporation may be made by serving the Secretary of
State as the corporation ’s agent, if:
(1) there is no registered agent for the corporation
listed in the records of the Secretary of State,
or
(2) neither the registered agent nor an officer of
the corporation could be found at the registered
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office of the corporation, when service of
process was attempted.
b. Before resorting to service on the Secretary of State
the plaintiff must have attempted service either in
person or by mail on the corporation at:
(1) the corporation’s last-known address shown on the
records of the Franchise Tax Division of the
Oklahoma Tax Commission, if any is listed there,
and
(2) the corporation’s last-known address shown on the
records of the Secretary of State, if any is
listed there, and
(3) the corporation’s last address known to the
plaintiff.
If any of these addresses are the same, the plaintiff
is not required to attempt service more than once at
any address. The plaintiff shall furnish the
Secretary of State with a certified copy of the return
or returns showing the attempted service.
c. Service on the Secretary of State shall be made by
filing two (2) copies of the summons and petition with
the Secretary of State, notifying the Secre tary of
State that service is being made pursuant to the
provisions of this paragraph, and paying the Secretary
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of State the fee prescribed in paragraph 7 of
subsection A of Section 1142 of Title 18 of the
Oklahoma Statutes, which fee shall be taxed as part of
the costs of the action, suit or proceeding if the
plaintiff shall prevail therein. If a registered
agent for the corporation is listed in the records of
the Secretary of State, the plaintiff must also
furnish a certified copy of the return showing t hat
service on the registered agent has been attempted
either in person or by mail, and that neither the
registered agent nor an officer of the corporation
could be found at the registered office of the
corporation.
d. Within three (3) working days a fter receiving the
summons and petition, the Secretary of State shall
send notice by letter, certified mail, return receipt
requested, directed to the corporation at its
registered office or the last -known address found in
the office of the Secretary of State, o r if no address
is found there, to the corporation ’s last-known
address provided by the plaintiff. The notice shall
enclose a copy of the summons and petition and any
other papers served upon the Secretary of State. The
corporation shall not be req uired to serve its answer
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until forty (40) days after service of the summons and
petition on the Secretary of State.
e. Before entry of a default judgment or order against a
corporation that has been served by serving the
Secretary of State as its agent under th is paragraph,
the court shall determine whether the requirements of
this paragraph have been satisfied. A default
judgment or order against a corporation that has been
served only by service on the Secretary of State may
be set aside upon motion of the corporation in the
manner prescribed in Section 1031.1 of this title, or
upon petition of the corporation in the manner
prescribed in Section 1033 of this title, if the
corporation demonstrates to the court that it had no
actual notice of the action in time to appear and make
its defense. A petition shall be filed within one (1)
year after the corporation has notice of the default
judgment or order but in no event more than two (2)
years after the filing of the default judgment or
order.
f. The Secretary of State shall maintain an alphabetical
record of service setting forth the name of the
plaintiff and defendant, the title, docket number and
nature of the proceeding in which the process has been
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served upon the defendant, the fact that service has
been effected pursuant to the provisions of this
paragraph, the return date thereof and the date when
the service was made. The Secretary of State shall
not be required to retain this information for a
period longer than five (5) years from receipt of the
service of process.
g. The provisions of this paragraph shall not apply to a
foreign insurance company doing business in this
state.
5. 6. SERVICE BY ACKNOWLEDGMENT. An acknowledgment on the back
of the summons or the voluntary appearance of a defendant is
equivalent to service.
6. 7. SERVICE BY OTHER METHODS. If service cannot be made by
personal delivery or, by mail, or by secured electronic means, a
defendant of any class referred to in division (1) or (3) of
subparagraph c of paragraph 1 of this subse ction may be served as
provided by court order in a manner which is reasonably calculated
to give the defendant actual notice of the proceedings and an
opportunity to be heard and upon filing an affidavit by the
plaintiff or plaintiff ’s attorney that with due di ligence service
cannot otherwise be made upon the defendant.
7. 8. NO SERVICE BY PRISONER. No prisoner in any jail,
Department of Corrections facility, private prison, or parolee or
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probationer under supervision of the Department of Corrections sha ll
be appointed by any court to serve process on any defendant, party
or witness.
D. SUMMONS AND PETITION. The summons and petition shall be
served together. The plaintiff shall furnish the person making
service with such copies as are necessary. The failure to serve a
copy of the petition with the summons is not a ground for dismissal
for insufficiency of service of process, but on motion of the party
served, the court may extend the time to answer or otherwise plead.
If a summons and petition are ser ved by personal delivery, the
person serving the summons shall state on the copy that is left with
the person served the date that service is made. This provision is
not jurisdictional, but if the failure to comply with it prejudices
the party served, the court , on motion of the party served, may
extend the time to answer or otherwise plead.
E. SUMMONS: TERRITORIAL LIMITS OF EFFECTIVE SERVICE.
1. Service of the summons and petition may be made anywhere
within this state in the manner provided by subsect ion C of this
section.
2. When the exercise of jurisdiction is authorized by
subsection F of this section, service of the summons and petition
may be made outside this state:
a. by personal delivery in the manner prescribed for
service within this state,
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b. in the manner prescribed by the law of the place in
which the service is made for service in that place in
an action in any of its courts of general
jurisdiction,
c. in the manner prescribed by paragraph 2 of subsection
C of this section,
d. as directed by the foreign authority in response to a
letter rogatory,
e. in the manner prescribed by paragraph 3 4 of
subsection C of this section only when permitted by
subparagraphs a and b of paragraph 3 4 of subsection C
of this section, or
f. as directed by the court .
3. Proof of service outside this state may be made in the
manner prescribed by subsection G of this section, the order
pursuant to which the service is made, or the law of the place in
which the service is made for proof of service in an action in any
of its courts of general jurisdiction.
4. Service outside this state may be made by an individual
permitted to make service of process under the law of this state or
under the law of the place in which the service is made or who is
designated to make servi ce by a court of this state.
5. When subsection C of this section requires that in order to
effect service one or more designated individuals be served, service
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outside this state under this section must be made upon the
designated individual or ind ividuals.
6. a. A court of this state may order service upon any
person who is domiciled or can be found within this
state of any document issued in connection with a
proceeding in a tribunal outside this state. The
order may be made upon application of any int erested
person or in response to a letter rogatory issued by a
tribunal outside this state and shall direct the
manner of service.
b. Service in connection with a proceeding in a tribunal
outside this state may be made within this state
without an order of court.
c. Service under this paragraph does not, of itself,
require the recognition or enforcement of an order,
judgment or decree rendered outside this state.
F. ASSERTION OF JURISDICTION. A court of this state may
exercise jurisdiction on any basis co nsistent with the Constitution
of this state and the Constitution of the United States.
G. RETURN.
1. The person serving the process shall make proof of service
thereof to the court promptly and in any event within the time
during which the person served must respond to the process, but the
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failure to make proof of service does not affect the validity of the
service.
2. When process has been served by a sheriff or deputy sheriff
and return thereof is filed in the office of the court clerk, a copy
of the return shall be sent by the court clerk to the plaintiff ’s
attorney within three (3) days after the return is filed. If
service is made by a person other than a sheriff or deputy sheriff,
the licensed process server shall make affidavit thereof. Th e
return shall set forth the county of issuance, the name of the
person served and the date, place and method of service.
3. If service was by mail, the person mailing the summons and
petition shall endorse on the copy of the summons or order of the
court that is filed in the action the date and place of mailing and
the date when service was receipted or service was rejected, and
shall attach to the copy of the summons or order a copy of the
return receipt or returned envelope, if and when received, showin g
whether the mailing was accepted, refused or otherwise returned. If
the mailing was refused, the return shall also show the date and
place of any subsequent mailing pursuant to paragraph 2 of
subsection C of this section. When the summons and petition are
mailed by the court clerk, the court clerk shall notify the
plaintiff’s attorney within three (3) days after receipt of the
returned card or envelope showing that the card or envelope has been
received.
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4. If service was by secured electronic means, t he person
sending the summons and petition by electronic mail shall endorse on
the copy of the summons or order of the court that is filed in the
action the date and place of mailing and the date when service was
receipted or service was rejected, and shall atta ch to the copy of
the summons or order a copy of the return receipt e lectronic mail,
if and when received, showing whether the e lectronic mail was
accepted, refused, or otherwise returned. If the e lectronic mail
was refused, the return shall also sh ow the date and place of any
subsequent electronic mail pursuant to paragraph 3 of subsection C
of this section. When the summons and petition are sent by
electronic mail by the court clerk, the court clerk shall notify the
plaintiff’s attorney within three (3) days after the return receipt
electronic mail was received.
H. AMENDMENT. At any time in its discretion and upon such
terms as it deems just, the court may allow any process or proof of
service thereof to be amended, unless it clearly appears that
material prejudice would result to the substantial rights of the
party against whom the process issued.
I. SUMMONS: TIME LIMIT FOR SERVICE. If service of process is
not made upon a defendant within one hundred eighty (180) days after
the filing of the petiti on and the plaintiff has not shown good
cause why such servic e was not made within that period, the action
shall be deemed dismissed as to that defendant without prejudice and
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Section 100 of this title shall be applicable to any refiling of the
action. Upon application of a defendant not timely served, the
court shall enter an order dismissing the action as to that
defendant. The court shall enter a dismissal order of an action
within two hundred (200) days after the filing of the action in
which no service has been made on any defendant as required pursuant
to this section and such order shall be mailed to the address of the
party or the party’s attorney of record. The action shall not be
dismissed if a summons was served on the defendant within one
hundred eighty (180) days after the filing of the petition and a
court later holds that the summons or its service was invalid.
After a court quashes a summons or its service, a new summons may be
served on the defendant within a time specified by the judge. If
the new summons is not served within the specified time, the action
shall be deemed to have been dismissed without prejudice as to that
defendant. This subsection shall not apply with respect to a
defendant who has been outside of this state for one hundred eighty
(180) days following the filing of the petition .
SECTION 2. This act shall become effective November 1, 2025.
60-1-473 TEK 12/27/2024 3:45:32 PM