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 Court’s 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:
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.
(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 Court’s 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 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.
