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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 138 By: Weaver
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to civil procedure; amending 12 O.S.
7 2021, Section 2004, as amended by Section 1, Chapter
8 59, O.S.L. 2022 (12 O.S. Supp. 2024, Section 2004),
8 which relates to service of process; authorizing
9 service of process by electronic means; establishing
9 procedures for service by electronic means;
10 establishing requirements for return when serving by
10 electronic means; making language gender neutral; and
11 providing an effective date.
11
12
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13
14 SECTION 1. AMENDATORY 12 O.S. 2021, Section 2004, as
14
15 amended by Section 1, Chapter 59, O.S.L. 2022 (12 O.S. Supp. 2024,
15
16 Section 2004), is amended to read as follows:
16
17 Section 2004.
17
18 PROCESS
18
19 A. SUMMONS: ISSUANCE. Upon filing of the petition, the clerk
19
20 shall forthwith issue a summons. Upon request of the plaintiff
20
21 separate or additional summons shall issue against any defendants.
21
22 B. SUMMONS: FORM.
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23 1. The summons shall be signed by the clerk, be under the seal
23
24 of the court, contain the name of the court and the names of the
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Req. No. 473 Page 1
1 parties, be directed to the defendant, state the name and address of
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2 the plaintiff's attorney, if any, otherwise, the plaintiff's
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3 address, and the time within which these rules require the defendant
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4 to appear and defend, and shall notify the defendant that in case of
4
5 failure to appear, judgment by default will be rendered against the
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6 defendant for the relief demanded in the petition.
6
7 2. A judgment by default shall not be different in kind from or
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8 exceed in amount that prayed for in either the demand for judgment
8
9 or in cases not sounding in contract in a notice which has been
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10 given the party against whom default judgment is sought. Except as
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11 to a party against whom a judgment is entered by default, every
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12 final judgment shall grant the relief to which the party in whose
12
13 favor it is rendered is entitled, even if the party has not demanded
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14 such relief in his or her pleadings.
14
15 C. BY WHOM SERVED: PERSON TO BE SERVED.
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16 1. SERVICE BY PERSONAL DELIVERY.
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17 a. At the election of the plaintiff, process, other than
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18 a subpoena, shall be served by a sheriff or deputy
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19 sheriff, a person licensed to make service of process
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20 in civil cases or a person specially appointed for
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21 that purpose. The court shall freely make special
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22 appointments to serve all process, other than a
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23 subpoena, under this paragraph.
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24
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Req. No. 473 Page 2
1 b. A summons to be served by the sheriff or deputy
1
2 sheriff shall be delivered to the sheriff by the court
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3 clerk or an attorney of record for the plaintiff.
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4 When a summons, subpoena or other process is to be
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5 served by the sheriff or deputy sheriff of another
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6 county, the court clerk shall mail it, together with
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7 the voucher of the court clerk for the fees collected
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8 for the service, to the sheriff of that county. The
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9 sheriff shall deposit the voucher in the Sheriff's
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10 Service Fee Account created pursuant to Section 514.1
10
11 of Title 19 of the Oklahoma Statutes. The sheriff or
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12 deputy sheriff shall serve the process in the manner
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13 that other process issued out of the court of the
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14 sheriff's own county is served. A summons to be
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15 served by a person licensed to make service of process
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16 in civil cases or by a person specially appointed for
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17 that purpose shall be delivered by an attorney of
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18 record for the plaintiff to such person.
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19 c. Service shall be made as follows:
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20 (1) upon an individual other than an infant who is
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21 less than fifteen (15) years of age or an
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22 incompetent person, by delivering a copy of the
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23 summons and of the petition personally or by
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24 leaving copies thereof at the person's dwelling
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Req. No. 473 Page 3
1 house or usual place of abode with some person
1
2 then residing therein who is fifteen (15) years
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3 of age or older, by delivering a copy of the
3
4 summons and of the petition to an agent
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5 authorized by appointment or by law to receive
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6 service of process, or by delivering a copy of
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7 the summons and of the petition personally or by
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8 leaving copies thereof at an agreed meeting place
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9 with some person then residing at the person's
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10 dwelling house or usual place of abode,
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11 (2) upon an infant who is less than fifteen (15)
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12 years of age, by serving the summons and petition
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13 personally and upon either of the infant's
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14 parents or guardian, or if they cannot be found,
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15 then upon the person having the care or control
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16 of the infant or with whom the infant lives; and
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17 upon an incompetent person by serving the summons
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18 and petition personally and upon the incompetent
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19 person's guardian,
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20 (3) upon a domestic or foreign corporation or upon a
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21 partnership or other unincorporated association
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22 which is subject to suit under a common name, by
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23 delivering a copy of the summons and of the
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24 petition to an officer, a managing or general
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Req. No. 473 Page 4
1 agent or to any other agent authorized by
1
2 appointment or by law to receive service of
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3 process and, if the agent is one authorized by
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4 statute to receive service and the statute so
4
5 requires, by also mailing a copy to the
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6 defendant,
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7 (4) upon the United States or an officer or agency
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8 thereof in the manner specified by Federal Rule
8
9 of Civil Procedure 4,
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10 (5) upon a state, county, school district, public
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11 trust or municipal corporation or other
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12 governmental organization thereof subject to
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13 suit, by delivering a copy of the summons and of
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14 the petition to the officer or individual
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15 designated by specific statute; however, if there
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16 is no statute, then upon the chief executive
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17 officer or a clerk, secretary or other official
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18 whose duty it is to maintain the official records
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19 of the organization,
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20 (6) upon an inmate incarcerated in an institution
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21 under the jurisdiction and control of the
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22 Department of Corrections, by delivering a copy
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23 of the summons and of the petition to the warden
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24 or superintendent or the designee of the warden
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Req. No. 473 Page 5
1 or superintendent of the institution where the
1
2 inmate is housed. It shall be the duty of the
2
3 receiving warden or superintendent or a designee
3
4 to promptly deliver the summons and petition to
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5 the inmate named therein. The warden or
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6 superintendent or his or her designee shall
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7 reject service of process for any inmate who is
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8 not actually present in the institution, and
8
9 (7) upon an inmate incarcerated in a county jail or
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10 detention center under the jurisdiction and
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11 control of the county sheriff or the jail trust
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12 of the county, by delivering a copy of the
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13 summons and of the petition to the jail or
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14 detention center administrator or the designee of
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15 such administrator of the jail or detention
15
16 center where the inmate is housed. It shall be
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17 the duty of the receiving jail or detention
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18 center administrator or designee to promptly
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19 deliver the summons and petition to the inmate
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20 named therein. The jail or detention center
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21 administrator or designee shall reject service of
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22 process for any inmate who is not actually
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23 present in the jail or detention center.
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24 2. SERVICE BY MAIL.
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Req. No. 473 Page 6
1 a. At the election of the plaintiff, a summons and
1
2 petition may be served by mail by the plaintiff's
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3 attorney, any person authorized to serve process
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4 pursuant to subparagraph a of paragraph 1 of this
4
5 subsection or by the court clerk upon a defendant of
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6 any class referred to in division (1), (3) or (5) of
6
7 subparagraph c of paragraph 1 of this subsection.
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8 Service by mail shall be effective on the date of
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9 receipt or if refused, on the date of refusal of the
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10 summons and petition by the defendant.
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11 b. Service by mail shall be accomplished by mailing a
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12 copy of the summons and petition by certified mail,
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13 return receipt requested and delivery restricted to
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14 the addressee. When there is more than one defendant,
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15 the summons and a copy of the petition or order shall
15
16 be mailed in a separate envelope to each defendant.
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17 If the summons is to be served by mail by the court
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18 clerk, the court clerk shall enclose the summons and a
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19 copy of the petition or order of the court to be
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20 served in an envelope, prepared by the plaintiff,
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21 addressed to the defendant, or to the resident service
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22 agent if one has been appointed. The court clerk
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23 shall prepay the postage and mail the envelope to the
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24 defendant, or service agent, by certified mail, return
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Req. No. 473 Page 7
1 receipt requested and delivery restricted to the
1
2 addressee. The return receipt shall be prepared by
2
3 the plaintiff. Service by mail to a garnishee shall
3
4 be accomplished by mailing a copy of the summons and
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5 notice by certified mail, return receipt requested,
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6 and at the election of the judgment creditor by
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7 restricted delivery, to the addressee.
7
8 c. Service by mail shall not be the basis for the entry
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9 of a default or a judgment by default unless the
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10 record contains a return receipt showing acceptance by
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11 the defendant or a returned envelope showing refusal
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12 of the process by the defendant. Acceptance or
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13 refusal of service by mail by a person who is fifteen
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14 (15) years of age or older who resides at the
14
15 defendant's dwelling house or usual place of abode
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16 shall constitute acceptance or refusal by the party
16
17 addressed. In the case of an entity described in
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18 division (3) of subparagraph c of paragraph 1 of this
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19 subsection, acceptance or refusal by any officer or by
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20 any employee of the registered office or principal
20
21 place of business who is authorized to or who
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22 regularly receives certified mail shall constitute
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23 acceptance or refusal by the party addressed. A
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24 return receipt signed at such registered office or
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Req. No. 473 Page 8
1 principal place of business shall be presumed to have
1
2 been signed by an employee authorized to receive
2
3 certified mail. In the case of a state municipal
3
4 corporation, or other governmental organization
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5 thereof subject to suit, acceptance or refusal by an
5
6 employee of the office of the officials specified in
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7 division (5) of subparagraph c of paragraph 1 of this
7
8 subsection who is authorized to or who regularly
8
9 receives certified mail shall constitute acceptance or
9
10 refusal by the party addressed. If delivery of the
10
11 process is refused, upon the receipt of notice of such
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12 refusal and at least ten (10) days before applying for
12
13 entry of default, the person elected by plaintiff
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14 pursuant to subparagraph a of this paragraph to serve
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15 the process shall mail to the defendant by first-class
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16 mail a copy of the summons and petition and a notice
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17 prepared by the plaintiff that despite such refusal
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18 the case will proceed and that judgment by default
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19 will be rendered against him or her unless he or she
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20 appears to defend the suit. Any default or judgment
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21 by default shall be set aside upon motion of the
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22 defendant in the manner prescribed in Section 1031.1
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23 of this title, or upon petition of the defendant in
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24 the manner prescribed in Section 1033 of this title if
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Req. No. 473 Page 9
1 the defendant demonstrates to the court that the
1
2 return receipt was signed or delivery was refused by
2
3 an unauthorized person. A petition shall be filed
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4 within one (1) year after the defendant has notice of
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5 the default or judgment by default but in no event
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6 more than two (2) years after the filing of the
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7 judgment.
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8 3. SERVICE BY ELECTRONIC MEANS.
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9 a. Upon a court order or if a copy of the summons and
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10 petition cannot be personally delivered after three
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11 attempts to the named defendant as specified in
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12 paragraph 1 of this subsection, a summons may be
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13 served by electronic means, and by thereafter mailing
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14 a copy of the summons and the petition by certified
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15 mail, postage prepaid to the named defendant at the
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16 last-known address. Service of a summons in such
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17 manner shall be deemed complete on the day of receipt
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18 of the electronic transmission and mailing. A summons
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19 and petition may be served by electronic means by the
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20 plaintiff's attorney or any person authorized to serve
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21 process pursuant to subparagraph a of paragraph 1 of
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22 this subsection upon a defendant of any class referred
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23 to in division (1), (3), or (5) of subparagraph c of
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24 paragraph 1 of this subsection. Service by electronic
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Req. No. 473 Page 10
1 means shall be effective on the date of receipt or, if
1
2 refused, on the date of refusal of the summons and
2
3 petition by the defendant.
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4 b. Service by electronic means shall be accomplished by
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5 sending an electronic notification to the named
5
6 defendant via electronic mail. The electronic
6
7 notification shall advise the named defendant of the
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8 nature of the communication and shall include a
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9 hyperlink to a secure application that tracks and
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10 provides evidence of whether the electronic mail
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11 notification was bounced back, returned, received, or
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12 opened, and whether a copy of the summons was viewed
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13 or downloaded by the named defendant. The secure
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14 application shall give the named defendant the option
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15 of accepting the service by electronically signing an
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16 acknowledgement of receipt in the application or the
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17 option of declining the service. When there is more
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18 than one defendant, the summons and a copy of the
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19 petition or order shall be transmitted in a separate
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20 electronic mail notification to each defendant.
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21 Service by electronic mail to a garnishee shall be
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22 accomplished by transmitting via a secure application
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23 a copy of the summons and notice, return receipt
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24
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Req. No. 473 Page 11
1 requested, and at the election of the judgment
1
2 creditor, to the addressee.
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3 c. Service by electronic means shall not be the basis for
3
4 the entry of a default or a judgment by default unless
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5 the record contains evidence showing acceptance by the
5
6 defendant or a returned electronic mail showing
6
7 refusal of the process by the defendant. Acceptance
7
8 or refusal of service by electronic means by a person
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9 who is fifteen (15) years of age or older who resides
9
10 at the defendant's dwelling house or usual place of
10
11 residence shall constitute acceptance or refusal by
11
12 the party addressed. In the case of an entity
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13 described in division (3) of subparagraph c of
13
14 paragraph 1 of this subsection, acceptance or refusal
14
15 by any officer or by any employee of the registered
15
16 office or principal place of business who is
16
17 authorized to or who regularly receives electronic
17
18 mail shall constitute acceptance or refusal by the
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19 party addressed. A return receipt electronic mail
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20 sent from such registered office or principal place of
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21 business shall be presumed to have been sent by an
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22 employee authorized to send electronic mail. In the
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23 case of a state municipal corporation or other
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24 governmental organization subject to suit, acceptance
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Req. No. 473 Page 12
1 or refusal by an employee of the office of the
1
2 officials specified in division (5) of subparagraph c
2
3 of paragraph 1 of this subsection who is authorized to
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4 or who regularly receives electronic mail shall
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5 constitute acceptance or refusal by the party
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6 addressed. If delivery of the process is refused,
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7 upon the receipt of notice of such refusal and at
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8 least ten (10) days before applying for entry of
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9 default, the person elected by the plaintiff pursuant
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10 to subparagraph a of this paragraph to serve the
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11 process shall send an electronic notification via
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12 electronic mail to the defendant that includes a copy
12
13 of the summons and petition and a notice prepared by
13
14 the plaintiff that despite such refusal the case will
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15 proceed and that judgment by default will be rendered
15
16 against him or her unless he or she appears to defend
16
17 the action. Any default or judgment by default shall
17
18 be set aside upon motion of the defendant in the
18
19 manner prescribed in Section 1031.1 of this title, or
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20 upon petition of the defendant in the manner
20
21 prescribed in Section 1033 of this title if the
21
22 defendant demonstrates to the court that the return
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23 receipt electronic mail was sent, or delivery was
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24 refused by an unauthorized person. A petition shall
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Req. No. 473 Page 13
1 be filed within one (1) year after the defendant
1
2 receives notice of the default or judgment by default
2
3 but in no event more than two (2) years after the
3
4 filing of the judgment.
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5 4. SERVICE BY PUBLICATION.
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6 a. Service of summons upon a named defendant may be made
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7 by publication when it is stated in the petition,
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8 verified by the plaintiff or the plaintiff's attorney
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9 or in a separate affidavit by the plaintiff or the
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10 plaintiff's attorney filed with the court, that with
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11 due diligence service cannot be made upon the
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12 defendant by any other method.
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13 b. Service of summons upon the unknown successors of a
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14 named defendant, a named decedent or a dissolved
14
15 partnership, corporation or other association may be
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16 made by publication when it is stated in a petition,
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17 verified by the plaintiff or the plaintiff's attorney
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18 or in a separate affidavit by the plaintiff or the
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19 plaintiff's attorney filed with the court, that the
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20 person who verified the petition or the affidavit does
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21 not know and with due diligence cannot ascertain the
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22 following:
22
23
23
24
24
Req. No. 473 Page 14
1 (1) whether a person named as defendant is living or
1
2 dead, and, if dead, the names or whereabouts of
2
3 the person's successors, if any,
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4 (2) the names or whereabouts of the unknown
4
5 successors, if any, of a named decedent,
5
6 (3) whether a partnership, corporation or other
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7 association named as a defendant continues to
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8 have legal existence or not; or the names or
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9 whereabouts of its officers or successors,
9
10 (4) whether any person designated in a record as a
10
11 trustee continues to be the trustee; or the names
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12 or whereabouts of the successors of the trustee,
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13 or
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14 (5) the names or whereabouts of the owners or holders
14
15 of special assessment or improvement bonds, or
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16 any other bonds, sewer warrants or tax bills.
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17 c. Service pursuant to this paragraph shall be made by
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18 publication of a notice, signed by the court clerk,
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19 one (1) day a week for three (3) consecutive weeks in
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20 a newspaper authorized by law to publish legal notices
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21 which is published in the county where the petition is
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22 filed. If no newspaper authorized by law to publish
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23 legal notices is published in such county, the notice
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24 shall be published in some such newspaper of general
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Req. No. 473 Page 15
1 circulation which is published in an adjoining county.
1
2 All named parties and their unknown successors who may
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3 be served by publication may be included in one
3
4 notice. The notice shall state the court in which the
4
5 petition is filed and the names of the plaintiff and
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6 the parties served by publication, and shall designate
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7 the parties whose unknown successors are being served.
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8 The notice shall also state that the named defendants
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9 and their unknown successors have been sued and must
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10 answer the petition on or before a time to be stated
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11 (which shall not be less than forty-one (41) days from
11
12 the date of the first publication), or judgment, the
12
13 nature of which shall be stated, will be rendered
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14 accordingly. If jurisdiction of the court is based on
14
15 property, any real property subject to the
15
16 jurisdiction of the court and any property or debts to
16
17 be attached or garnished must be described in the
17
18 notice.
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19 (1) When the recovery of money is sought, it is not
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20 necessary for the publication notice to state the
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21 separate items involved, but the total amount
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22 that is claimed must be stated. When interest is
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23 claimed, it is not necessary to state the rate of
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24 interest, the date from which interest is claimed
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Req. No. 473 Page 16
1 or that interest is claimed until the obligation
1
2 is paid.
2
3 (2) It is not necessary for the publication notice to
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4 state that the judgment will include recovery of
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5 costs in order for a judgment following the
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6 publication notice to include costs of suit.
6
7 (3) In an action to quiet title to real property, it
7
8 is not necessary for the publication notice to
8
9 state the nature of the claim or interest of
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10 either party, and in describing the nature of the
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11 judgment that will be rendered should the
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12 defendant fail to answer, it is sufficient to
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13 state that a decree quieting plaintiff's title to
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14 the described property will be entered. It is
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15 not necessary to state that a decree forever
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16 barring the defendant from asserting any interest
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17 in or to the property is sought or will be
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18 entered if the defendant does not answer.
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19 (4) In an action to foreclose a mortgage, it is
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20 sufficient that the publication notice state that
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21 if the defendant does not answer, the defendant's
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22 interest in the property will be foreclosed. It
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23 is not necessary to state that a judgment forever
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24 barring the defendant from all right, title,
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Req. No. 473 Page 17
1 interest, estate, property and equity of
1
2 redemption in or to the property or any part
2
3 thereof is requested or will be entered if the
3
4 defendant does not answer.
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5 d. Service by publication is complete when made in the
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6 manner and for the time prescribed in subparagraph c
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7 of this paragraph. Service by publication shall be
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8 proved by the affidavit of any person having knowledge
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9 of the publication. No default judgment may be
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10 entered on such service until proof of service by
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11 publication is filed with and approved by the court.
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12 e. Before entry of a default judgment or order against a
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13 party who has been served solely by publication under
13
14 this paragraph, the court shall conduct an inquiry to
14
15 determine whether the plaintiff, or someone acting in
15
16 behalf of the plaintiff, made a distinct and
16
17 meaningful search of all reasonably available sources
17
18 to ascertain the whereabouts of any named parties who
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19 have been served solely by publication under this
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20 paragraph. Before entry of a default judgment or
20
21 order against the unknown successors of a named
21
22 defendant, a named decedent or a dissolved
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23 partnership, corporation or association, the court
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24 shall conduct an inquiry to ascertain whether the
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Req. No. 473 Page 18
1 requirements described in subparagraph b of this
1
2 paragraph have been satisfied.
2
3 f. A party against whom a default judgment or order has
3
4 been rendered, without other service than by
4
5 publication in a newspaper, may, at any time within
5
6 three (3) years after the filing of the judgment or
6
7 order, have the judgment or order set aside in the
7
8 manner prescribed in Sections 1031.1 and 1033 of this
8
9 title. Before the judgment or order is set aside, the
9
10 applicant shall notify the adverse party of the
10
11 intention to make an application and shall file a full
11
12 answer to the petition, pay all costs if the court
12
13 requires them to be paid and satisfy the court by
13
14 affidavit or other evidence that during the pendency
14
15 of the action the applicant had no actual notice
15
16 thereof in time to appear in court and make a defense.
16
17 The title to any property which is the subject of and
17
18 which passes to a purchaser in good faith by or in
18
19 consequence of the judgment or order to be opened
19
20 shall not be affected by any proceedings under this
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21 subparagraph. Nor shall proceedings under this
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22 subparagraph affect the title of any property sold
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23 before judgment under an attachment. The adverse
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24 party, on the hearing of an application to open a
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Req. No. 473 Page 19
1 judgment or order as provided by this subparagraph,
1
2 shall be allowed to present evidence to show that
2
3 during the pendency of the action the applicant had
3
4 notice thereof in time to appear in court and make a
4
5 defense.
5
6 g. The term "successors" includes all heirs, executors,
6
7 administrators, devisees, trustees and assigns,
7
8 immediate and remote, of a named individual,
8
9 partnership, corporation or association.
9
10 h. Service outside of the state does not give the court
10
11 in personal jurisdiction over a defendant who is not
11
12 subject to the jurisdiction of the courts of this
12
13 state or who has not, either in person or through an
13
14 agent, submitted to the jurisdiction of the courts of
14
15 this state.
15
16 4. 5. SERVICE ON THE SECRETARY OF STATE.
16
17 a. Service of process on a domestic or foreign
17
18 corporation may be made by serving the Secretary of
18
19 State as the corporation's agent, if:
19
20 (1) there is no registered agent for the corporation
20
21 listed in the records of the Secretary of State,
21
22 or
22
23 (2) neither the registered agent nor an officer of
23
24 the corporation could be found at the registered
24
Req. No. 473 Page 20
1 office of the corporation, when service of
1
2 process was attempted.
2
3 b. Before resorting to service on the Secretary of State
3
4 the plaintiff must have attempted service either in
4
5 person or by mail on the corporation at:
5
6 (1) the corporation's last-known address shown on the
6
7 records of the Franchise Tax Division of the
7
8 Oklahoma Tax Commission, if any is listed there,
8
9 and
9
10 (2) the corporation's last-known address shown on the
10
11 records of the Secretary of State, if any is
11
12 listed there, and
12
13 (3) the corporation's last address known to the
13
14 plaintiff.
14
15 If any of these addresses are the same, the plaintiff
15
16 is not required to attempt service more than once at
16
17 any address. The plaintiff shall furnish the
17
18 Secretary of State with a certified copy of the return
18
19 or returns showing the attempted service.
19
20 c. Service on the Secretary of State shall be made by
20
21 filing two (2) copies of the summons and petition with
21
22 the Secretary of State, notifying the Secretary of
22
23 State that service is being made pursuant to the
23
24 provisions of this paragraph, and paying the Secretary
24
Req. No. 473 Page 21
1 of State the fee prescribed in paragraph 7 of
1
2 subsection A of Section 1142 of Title 18 of the
2
3 Oklahoma Statutes, which fee shall be taxed as part of
3
4 the costs of the action, suit or proceeding if the
4
5 plaintiff shall prevail therein. If a registered
5
6 agent for the corporation is listed in the records of
6
7 the Secretary of State, the plaintiff must also
7
8 furnish a certified copy of the return showing that
8
9 service on the registered agent has been attempted
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10 either in person or by mail, and that neither the
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11 registered agent nor an officer of the corporation
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12 could be found at the registered office of the
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13 corporation.
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14 d. Within three (3) working days after receiving the
14
15 summons and petition, the Secretary of State shall
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16 send notice by letter, certified mail, return receipt
16
17 requested, directed to the corporation at its
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18 registered office or the last-known address found in
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19 the office of the Secretary of State, or if no address
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20 is found there, to the corporation's last-known
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21 address provided by the plaintiff. The notice shall
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22 enclose a copy of the summons and petition and any
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23 other papers served upon the Secretary of State. The
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24 corporation shall not be required to serve its answer
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Req. No. 473 Page 22
1 until forty (40) days after service of the summons and
1
2 petition on the Secretary of State.
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3 e. Before entry of a default judgment or order against a
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4 corporation that has been served by serving the
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5 Secretary of State as its agent under this paragraph,
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6 the court shall determine whether the requirements of
6
7 this paragraph have been satisfied. A default
7
8 judgment or order against a corporation that has been
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9 served only by service on the Secretary of State may
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10 be set aside upon motion of the corporation in the
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11 manner prescribed in Section 1031.1 of this title, or
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12 upon petition of the corporation in the manner
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13 prescribed in Section 1033 of this title, if the
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14 corporation demonstrates to the court that it had no
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15 actual notice of the action in time to appear and make
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16 its defense. A petition shall be filed within one (1)
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17 year after the corporation has notice of the default
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18 judgment or order but in no event more than two (2)
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19 years after the filing of the default judgment or
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20 order.
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21 f. The Secretary of State shall maintain an alphabetical
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22 record of service setting forth the name of the
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23 plaintiff and defendant, the title, docket number and
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24 nature of the proceeding in which the process has been
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Req. No. 473 Page 23
1 served upon the defendant, the fact that service has
1
2 been effected pursuant to the provisions of this
2
3 paragraph, the return date thereof and the date when
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4 the service was made. The Secretary of State shall
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5 not be required to retain this information for a
5
6 period longer than five (5) years from receipt of the
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7 service of process.
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8 g. The provisions of this paragraph shall not apply to a
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9 foreign insurance company doing business in this
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10 state.
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11 5. 6. SERVICE BY ACKNOWLEDGMENT. An acknowledgment on the back
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12 of the summons or the voluntary appearance of a defendant is
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13 equivalent to service.
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14 6. 7. SERVICE BY OTHER METHODS. If service cannot be made by
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15 personal delivery or, by mail, or by secured electronic means, a
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16 defendant of any class referred to in division (1) or (3) of
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17 subparagraph c of paragraph 1 of this subsection may be served as
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18 provided by court order in a manner which is reasonably calculated
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19 to give the defendant actual notice of the proceedings and an
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20 opportunity to be heard and upon filing an affidavit by the
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21 plaintiff or plaintiff's attorney that with due diligence service
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22 cannot otherwise be made upon the defendant.
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23 7. 8. NO SERVICE BY PRISONER. No prisoner in any jail,
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24 Department of Corrections facility, private prison, or parolee or
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Req. No. 473 Page 24
1 probationer under supervision of the Department of Corrections shall
1
2 be appointed by any court to serve process on any defendant, party
2
3 or witness.
3
4 D. SUMMONS AND PETITION. The summons and petition shall be
4
5 served together. The plaintiff shall furnish the person making
5
6 service with such copies as are necessary. The failure to serve a
6
7 copy of the petition with the summons is not a ground for dismissal
7
8 for insufficiency of service of process, but on motion of the party
8
9 served, the court may extend the time to answer or otherwise plead.
9
10 If a summons and petition are served by personal delivery, the
10
11 person serving the summons shall state on the copy that is left with
11
12 the person served the date that service is made. This provision is
12
13 not jurisdictional, but if the failure to comply with it prejudices
13
14 the party served, the court, on motion of the party served, may
14
15 extend the time to answer or otherwise plead.
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16 E. SUMMONS: TERRITORIAL LIMITS OF EFFECTIVE SERVICE.
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17 1. Service of the summons and petition may be made anywhere
17
18 within this state in the manner provided by subsection C of this
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19 section.
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20 2. When the exercise of jurisdiction is authorized by
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21 subsection F of this section, service of the summons and petition
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22 may be made outside this state:
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23 a. by personal delivery in the manner prescribed for
23
24 service within this state,
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Req. No. 473 Page 25
1 b. in the manner prescribed by the law of the place in
1
2 which the service is made for service in that place in
2
3 an action in any of its courts of general
3
4 jurisdiction,
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5 c. in the manner prescribed by paragraph 2 of subsection
5
6 C of this section,
6
7 d. as directed by the foreign authority in response to a
7
8 letter rogatory,
8
9 e. in the manner prescribed by paragraph 3 4 of
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10 subsection C of this section only when permitted by
10
11 subparagraphs a and b of paragraph 3 4 of subsection C
11
12 of this section, or
12
13 f. as directed by the court.
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14 3. Proof of service outside this state may be made in the
14
15 manner prescribed by subsection G of this section, the order
15
16 pursuant to which the service is made, or the law of the place in
16
17 which the service is made for proof of service in an action in any
17
18 of its courts of general jurisdiction.
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19 4. Service outside this state may be made by an individual
19
20 permitted to make service of process under the law of this state or
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21 under the law of the place in which the service is made or who is
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22 designated to make service by a court of this state.
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23 5. When subsection C of this section requires that in order to
23
24 effect service one or more designated individuals be served, service
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1 outside this state under this section must be made upon the
1
2 designated individual or individuals.
2
3 6. a. A court of this state may order service upon any
3
4 person who is domiciled or can be found within this
4
5 state of any document issued in connection with a
5
6 proceeding in a tribunal outside this state. The
6
7 order may be made upon application of any interested
7
8 person or in response to a letter rogatory issued by a
8
9 tribunal outside this state and shall direct the
9
10 manner of service.
10
11 b. Service in connection with a proceeding in a tribunal
11
12 outside this state may be made within this state
12
13 without an order of court.
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14 c. Service under this paragraph does not, of itself,
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15 require the recognition or enforcement of an order,
15
16 judgment or decree rendered outside this state.
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17 F. ASSERTION OF JURISDICTION. A court of this state may
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18 exercise jurisdiction on any basis consistent with the Constitution
18
19 of this state and the Constitution of the United States.
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20 G. RETURN.
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21 1. The person serving the process shall make proof of service
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22 thereof to the court promptly and in any event within the time
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23 during which the person served must respond to the process, but the
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24
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Req. No. 473 Page 27
1 failure to make proof of service does not affect the validity of the
1
2 service.
2
3 2. When process has been served by a sheriff or deputy sheriff
3
4 and return thereof is filed in the office of the court clerk, a copy
4
5 of the return shall be sent by the court clerk to the plaintiff's
5
6 attorney within three (3) days after the return is filed. If
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7 service is made by a person other than a sheriff or deputy sheriff,
7
8 the licensed process server shall make affidavit thereof. The
8
9 return shall set forth the county of issuance, the name of the
9
10 person served and the date, place and method of service.
10
11 3. If service was by mail, the person mailing the summons and
11
12 petition shall endorse on the copy of the summons or order of the
12
13 court that is filed in the action the date and place of mailing and
13
14 the date when service was receipted or service was rejected, and
14
15 shall attach to the copy of the summons or order a copy of the
15
16 return receipt or returned envelope, if and when received, showing
16
17 whether the mailing was accepted, refused or otherwise returned. If
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18 the mailing was refused, the return shall also show the date and
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19 place of any subsequent mailing pursuant to paragraph 2 of
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20 subsection C of this section. When the summons and petition are
20
21 mailed by the court clerk, the court clerk shall notify the
21
22 plaintiff's attorney within three (3) days after receipt of the
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23 returned card or envelope showing that the card or envelope has been
23
24 received.
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Req. No. 473 Page 28
1 4. If service was by secured electronic means, the person
1
2 sending the summons and petition by electronic mail shall endorse on
2
3 the copy of the summons or order of the court that is filed in the
3
4 action the date and place of mailing and the date when service was
4
5 receipted or service was rejected, and shall attach to the copy of
5
6 the summons or order a copy of the return receipt electronic mail,
6
7 if and when received, showing whether the electronic mail was
7
8 accepted, refused, or otherwise returned. If the electronic mail
8
9 was refused, the return shall also show the date and place of any
9
10 subsequent electronic mail pursuant to paragraph 3 of subsection C
10
11 of this section. When the summons and petition are sent by
11
12 electronic mail by the court clerk, the court clerk shall notify the
12
13 plaintiff's attorney within three (3) days after the return receipt
13
14 electronic mail was received.
14
15 H. AMENDMENT. At any time in its discretion and upon such
15
16 terms as it deems just, the court may allow any process or proof of
16
17 service thereof to be amended, unless it clearly appears that
17
18 material prejudice would result to the substantial rights of the
18
19 party against whom the process issued.
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20 I. SUMMONS: TIME LIMIT FOR SERVICE. If service of process is
20
21 not made upon a defendant within one hundred eighty (180) days after
21
22 the filing of the petition and the plaintiff has not shown good
22
23 cause why such service was not made within that period, the action
23
24 shall be deemed dismissed as to that defendant without prejudice and
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Req. No. 473 Page 29
1 Section 100 of this title shall be applicable to any refiling of the
1
2 action. Upon application of a defendant not timely served, the
2
3 court shall enter an order dismissing the action as to that
3
4 defendant. The court shall enter a dismissal order of an action
4
5 within two hundred (200) days after the filing of the action in
5
6 which no service has been made on any defendant as required pursuant
6
7 to this section and such order shall be mailed to the address of the
7
8 party or the party's attorney of record. The action shall not be
8
9 dismissed if a summons was served on the defendant within one
9
10 hundred eighty (180) days after the filing of the petition and a
10
11 court later holds that the summons or its service was invalid.
11
12 After a court quashes a summons or its service, a new summons may be
12
13 served on the defendant within a time specified by the judge. If
13
14 the new summons is not served within the specified time, the action
14
15 shall be deemed to have been dismissed without prejudice as to that
15
16 defendant. This subsection shall not apply with respect to a
16
17 defendant who has been outside of this state for one hundred eighty
17
18 (180) days following the filing of the petition.
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19 SECTION 2. This act shall become effective November 1, 2025.
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Req. No. 473 Page 30Every fact on this page links to its source, starting with the official bill record.