FSMC, TITLE 6.  JUDICIAL PROCEDURE

CHAPTER 1
Process

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SUBCHAPTER III
Foreign Service of Process

SECTIONS

131. Jurisdiction over acts of nonresidents.
132. Personal service outside the Trust Territory.
133. Manner of service.
134. Default.
135. Effect of jurisdiction limited.
136. Effect of act on other methods of service.

131. Jurisdiction over acts of nonresidents.

Any person, corporation, or legal entity, whether or not a citizen or resident of the Trust Territory, who in person or through an agent does any of the acts enumerated in this subchapter, thereby submits himself or its personal representative to the jurisdiction of the courts of the Trust Territory as to any cause of action arising from:

(1) the transaction of any business within the Trust Territory;

(2) the operation of a motor vehicle within the Trust Territory;

(3) the operation of a vessel or craft within the territorial waters or airspace of the Trust Territory;

(4) the commission of a tortious act within the Trust Territory;

(5) contracting to insure any person, property, or risk located within the Trust Territory at the time of contracting;

(6) the ownership, use, or possession of any real estate within the Trust Territory;

(7) entering into an express or implied contract, by mail or otherwise, with a resident of the Trust Territory to be performed in whole or in part by either party in the Trust Territory;

(8) acting within the Trust Territory as director, manager, trustee, or other officer of any corporation organized under the laws of or having a place of business within the Trust Territory, or as executor or administrator of any estate within the Trust Territory;

(9) causing injury to persons or property within the Trust Territory arising out of an act or omission outside of the Trust Territory by the defendant, provided in addition, that at the time of the injury either:

(a) the defendant was engaged in the solicitation or sales activities within the Trust Territory, or

(b) products, materials, or things processed, serviced, or manufactured by the defendant anywhere were used or consumed within the Trust Territory; and

(10) living in the marital relationship within the Trust Territory notwithstanding subsequent departure from the Trust Territory, as to all obligations arising for alimony, child support or property rights under chapter 16 of this title, if the other party to the marital relationship continues to reside in the Trust Territory.

Source: COM PL 7-24 1; TT Code 1980, 6 TTC 41; PL 4-114 1.

Errata: 6 F.S.M.C. 131(9) corrected to read "act or omission." PL 4-114 1 (emphasis added). See errata in first cumulative supplement.

Cross-reference: The statutory provisions on the FSM Supreme Court and the Judiciary are found in title 4 of this code. The FSM Supreme Court website contains court decisions, rules, calendar, and other information of the court, the Constitution, the code of the Federated States of Micronesia, and other legal resource information at http://www.fsmsupremecourt.org/.

132. Personal service outside the Trust Territory.

Service of process may be made upon any person subject to the jurisdiction of the courts of the Trust Territory under this subchapter by personally serving the summons upon the defendant outside the Trust Territory. Such service has the same force and effect as though service had been personally made within the Trust Territory.

Source: COM PL 7-24 2; TT Code 1980, 6 TTC 42.

133. Manner of service.

Service of summons shall be made under this subchapter in like manner as service within the Trust Territory by any officer or person authorized 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 court issuing said summons stating the time, manner, and place of service. The court may consider the affidavit or any other competent proofs in determining whether service has been properly made.

Source: COM PL 7-24 3; TT Code 1980, 6 TTC 43.

134. Default.

No default shall be entered until the expiration of at least 30 days after service. A default judgment rendered on service made under this subchapter may be set aside only on a showing which would be timely and sufficient to set aside a default judgment entered upon personal service within the Trust Territory.

Source: COM PL 7-24 4; TT Code 1980, 6 TTC 44.

135. Effect of jurisdiction limited.

Only causes of action arising from acts or omissions enumerated in this subchapter may be asserted against a defendant in an action in which jurisdiction over him is based upon this subchapter.

Source: COM PL 7-24, 5; TT Code 1980, 6 TTC 45.

136. Effect of act on other methods of service.

Nothing contained in this subchapter limits or affects the right to serve any process in any other manner now or hereafter provided by law.

Source: COM PL 7-24 6; TT Code 1980, 6 TTC 46.

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