DRAFT CSC, Title 5. The Judiciary
 
CHAPTER 3
Service of Process

1021.  Personal service outside the State.
1022.  Manner of service.
1023.  Default.
1024.  Effect of act on the methods of service.

      1021.  Personal service outside the State.

     (1)  Personal service outside the State.  Service of process may be made upon any person subject to the jurisdiction of the courts of the State under this Act Chapter by personally serving the summons upon the defendant outside the State or with the consent of the court, mailing the summons to the person by registered mail at his last known address, and such service shall have the same force and effect as though service had been personally made within the State.

     (2)  Judgment may be set aside.  Any defendant not so personally notified may, at any time within one year after final judgment, enter his appearance and thereupon the court shall set aside the judgment and permit such defendant to plead on payment of such costs as the court deems best; provided however; that this right shall not extend to decrees of annulment, divorce or adoption.

Source:  CSL 190-08, 8.

Cross-reference:  The constitutional provisions on the Judicial branch of the Chuuk State Government are found in Art. VII of the Chuuk State Constitution.

      1022.  Manner of service.
     Service of summons outside the State shall be made under this Act Chapter in like manner as service within the State by any officer or person authorized by law or order of the court to make service of summons in the state or jurisdiction where the defendant is served.  An affidavit of the server shall be filed with the State Court issuing said summons stating the time, manner and place of service.  The Court may consider the affidavit or any other competent proof in determining whether service has been properly made.

Source:  CSL 190-08, 9.

      1023.  Default.
     No default judgment shall be entered until the expiration of at least 30 thirty days after service.  A default judgment rendered on service made under this Act Chapter may be set aside only on a showing which would be timely and sufficient to set aside a default judgment entered upon service within the State.

Source:  CSL 190-08, 10.

      1024.  Effect ofAct Chapter on the methods of service.
     Nothing contained in this Act Chapter limits or affects the right to serve any process in any other manner now or hereafter provided by law or rule of court.

Source:  CSL 190-08, 11.