|DRAFT CSC, Title 5. The Judiciary|
§ 1401. Order to appear or plead.
§ 1402. Personal service of order.
§ 1403. Procedure if absent defendant fails to appear or plead.
§ 1404. Judgment may be set aside.
In any action in the Chuuk State Supreme Court
Source: (Code 1966, § 338; Code 1970, tit. 6, § 51.) 6 TTC 2 § 51, modified.
Such orders may be served on the absent defendant personally, wherever found, or, in the case of property, upon the person or persons in possession or charge thereof, if any, or by mailing, postage prepaid, a copy of the order to the absent defendant at his last known address. Where personal service is not practicable, the order shall be posted in one or more conspicuous places as the court may direct, for a period of not less than two weeks.
Source: (Code 1966, § 338; Code 1970, tit. 6, § 52.) 6 TTC 2 § 52.
If an absent defendant does not appear or plead within the time allowed, the court may proceed as if the absent defendant had been served with process within the State of Chuuk
Source: (Code 1966, § 338; Code 1970, tit. 6, § 53.) 6 TTC 2 § 53, modified.
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: (Code 1966, § 338; Code 1970, tit. 6, § 54.) 6 TTC 2 § 54, modified.