KSC, TITLE 6.  THE JUDICIARY
 
Chapter 23.  Personal
Jurisdiction and Process

Section 6.2301.  Jurisdiction.
Section 6.2302.  Jurisdiction over act of nonresident.
Section 6.2303.  Appointment of private person.
Section 6.2304.  Service and execution of process.
Section 6.2305.  Return of service or execution.
Section 6.2306.  Fees.
Section 6.2307.  Prepayment for service.
Section 6.2308.  Disposition of proceeds.
Section 6.2309.  Personal service outside the State.
Section 6.2310.  Default.
Section 6.2311.  Other methods of service.
Section 6.2312.  Order to appear or plead.
Section 6.2313.  Procedure for absent defendant.
Section 6.2314.  Setting aside judgment.

      Section 6.2301.  Jurisdiction.
       Except as provided in section 6.2302 the Court exercises personal jurisdiction in a civil case only over a person residing or found in the State whom the Court has duly summoned, or who voluntarily appears.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.

      Section 6.2302.  Jurisdiction over act of nonresident.
       A person, whether or not a citizen or a resident of the State, who personally or through an agent does an act enumerated in this section, thereby submits himself or a personal representative to the Courtís jurisdiction for a cause of action arising from:

     (1)  the transaction of business within the State;

     (2)  the operation of a motor vehicle in the State;

     (3)  the operation of a vessel or craft within State waters, marine space, or airspace;

     (4)  the commission of a tortious act within the State;

     (5)  contracting to insure a person, property or risk located within the State at the time of contracting;

     (6)  the ownership, use or possession of real property located within the State;

     (7)  entering by mail or otherwise, into an express or implied contract with a resident of the State for performance in whole or in part by either party in the State;

     (8)  acting within the State as director, manager, trustee or other officer of a corporation organized under the laws of the State or having a place of business within the State;

     (9)  acting as executor or administrator of an estate within the State;

     (10)  causing injury to a person or property within the State arising out of an act of omission outside the State, if at the time of the injury:

                  (a)  he was engaged in solicitation or sales activities within the State;

     (b)  products, materials, or things processed, serviced or manufactured by him anywhere were used or consumed within the State;

     (11)  living in a marital relationship within the State notwithstanding subsequent departure from the State, concerning an obligation for alimony, child support or property rights, if the other party to the marital relationship continues to reside in the State; or

     (12)  engaging in sexual intercourse in the State resulting in the birth of a child.

     A plaintiff may assert only a cause of action arising from an act or omission stated in this section in an action in which jurisdiction rests exclusively on this section.

      Section 6.2303.  Appointment of private person.
       The Court may appoint specially in a process a person it deems suitable to execute or serve the process, except that a person less than eighteen years of age may not serve process.  The Court may not compel a private person to serve or execute process.  Upon acceptance of a process, a private person appointed to serve or execute process, is responsible for the service or execution pursuant to law.  The Court uses special appointment freely to effect a saving of time or expense.

      Section 6.2304.  Service and execution of process.
       An official responsible by law for the service or execution of process or a private person who accepts the responsibility for the service or execution of process serves or executes process unless prevented from doing so by conditions beyond his control.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.

      Section 6.2305.  Return of service or execution.
       A police officer certifies and a private person reports under oath or affirms by an endorsement on or attached to a process delivered to him for execution or service the manner and time of execution or service or the reason for failure to make execution or service.  The server returns the endorsed process, with a statement of fees and expenses charged, without delay to the Court, not later than the date specified by the Court.

      Section 6.2306.  Fees.

     (1)  By rule the Court sets fees for service of process.

     (2)  The Police receive reasonable and necessary expenses, including caring for property seized under an attachment or levy of execution. A caretaker or watchman may receive no more than one dollar for each twelve hours of service.

      Section 6.2307.  Prepayment for service.
       Except when process is on behalf of the Government or pursuant to Section 6.1603 a police officer, or person appointed to serve or execute process, may require prepayment of fees and estimated expenses or the giving of reasonable security before serving or executing process.

      Section 6.2308.  Disposition of proceeds.
       A police officer, or person appointed to serve or execute process, may retain for his own use the fees authorized by this chapter, if he is not acting as a Government employee when he performs the services.  If he is a Government employee, he remits monthly to the Office of Finance and Treasury for deposit in the State Revenue Fund fees collected for services and travel in servicing or executing process, less reasonable expenses actually paid and personally incurred by him for travel in connection with the duties.

      Section 6.2309.  Personal service outside the State.
       Service of process upon a person subject to the Courtís jurisdiction is valid by personal service upon the person outside the State and has the same force and effect as though occurring in the State.  Service of a summons is in the manner of service within the State by an officer or person authorized to make service of summons in the jurisdiction where service occurs.  The server files an affidavit with the Court stating the time, manner and place of service.  The Court may consider the affidavit or other evidence in determining whether service was proper.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.

      Section 6.2310.  Default.
       The Court enters default only after the expiration of at least thirty days following service.  The Court sets aside a default judgment following service outside the State only upon a showing which would be timely and sufficient to set aside a default judgment entered following personal service within the State.

      Section 6.2311.  Other methods of service.
       This chapter does not limit or affect a right to serve process in another manner provided by law.

      Section 6.2312.  Order to appear or plead.
       In an action for annulment, divorce or adoption or to enforce or remove a lien upon, or claim to, or adjudicate, an interest in real or personal property within the State, when service of process cannot occur within the State, and the defendant does not voluntarily appear, the Court may order an absent defendant to appear or plead by a certain day. Service of an order may be:

     (1)  on the absent defendant personally, wherever found;

     (2)  in the case of property, upon the person or persons in its possession or charge, if any; or

     (3)  by mailing, postage prepaid, of a copy of the order to the absent defendant at his last known address.

When personal service is not practicable, the order appears in one or more conspicuous places as the Court may direct for a period of not less than two weeks.

      Section 6.2313.  Procedure for absent defendant.
       If an absent defendant does not appear or plead within the time allowed, the Court may proceed as if service on the absent defendant has occurred within the State.  As to the absent defendant an adjudication affects only the property or status which is the subject of the action.

      Section 6.2314.  Setting aside judgment.
       Except for a decree of annulment, divorce or adoption, if a defendant who did not receive personal notice of an action enters an appearance within one year after final judgment, the Court sets aside the judgment and permits the defendant to plead upon payment of costs as the Court may determine.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.