Issuance, Service, and Return


111. Definition; Issuance of process.
112. Service and execution of process.
113. Return of service or execution.

111. Definition; Issuance of process.

(1) Definition. As used in this code, the term "process" shall include all forms of writs, warrants, summonses, citations, libels, and orders used in judicial proceedings.

(2) Designation of private persons. The court issuing any process in any proceeding may specially appoint and name in the process any person it deems suitable to execute or serve the process, except that a witness summons may not be served by a party or by a person who is less than 18 years of age.

(3) A private person to whom a process is directed for service or execution shall, upon acceptance of the said process, be responsible for the proper execution or service of such process according to law. No private person shall be compelled by any court or official to accept a process directed to him for service or execution. The special appointments authorized by this section shall be used freely when this will effect a saving of time or expense.

Source: TT Code 1966 249(a), (c); TT Code 1970, 6 TTC 1; TT Code 1980, 6 TTC 1.

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/.

112. Service and execution of process.

Every official who is made responsible by law for the service or execution of process and every private person who accepts the responsibility for the service or execution of process shall serve or execute such process as prescribed by law within a reasonable time after the receipt of such process unless prevented from doing so by conditions beyond his control.

Source: TT Code 1966 250; TT Code 1970, 6 TTC 2; TT Code 1980, 6 TTC 2.

113. Return of service or execution.

The chief of police or policemen shall certify, and a private person shall report under oath, or affirm by endorsement on or attached to every process delivered to him for execution or service the manner and time of such execution or service or the reason for failure to make such execution or service. The process so endorsed, together with a statement of all fees and expenses charged, shall be returned without delay to the court or official by which issued. In no event shall the process be returned later than the date specified by the issuing court or official.

Source: TT Code 1966 251; TT Code 1970, 6 TTC 3; TT Code 1980, 6 TTC 3.

Case annotations: Statutes governing procedures or decision-making approaches for Trust Territory courts might not apply to constitutional courts. Semens v. Continental Airlines, Inc. (II), 2 FSM R. 200, 204 (Pon. 1986).