§ 34-18-10 Service of process for actionspursuant to chapter. – (a) In actions for nonpayment of rent, the summons for eviction for nonpaymentof rent shall be in the form provided in § 34-18-56(g). At the time offiling of the complaint, the clerk shall mark the date of hearing upon thesummons, which shall be the ninth (9th) day after filing of the complaint, orthe first court day following the ninth (9th) day. For the purposes of thissection only, the time of filing of the complaint shall be the date upon whichthe clerk assigns a case number to the action and the filing fee is paid to theclerk. On the same day that the complaint is filed, the plaintiff 'sattorney or, if pro se, the plaintiff, or if more than one, the person filingthe complaint shall mail a copy of the summons and complaint and a blank answerform as provided in § 34-18-56(j) by first class mail, to the defendant,shall complete the proof of service on a copy of the original summons and filethe completed proof of service in the appropriate court. The clerk shall noteon the docket the mailing date of the summons and complaint, and shall completethe proof of service on the original summons. The plaintiff shall deliver theoriginal summons and a copy thereof, together with a copy of the complaint anda blank answer form to the sheriff or any constable of the county in which theappropriate court is located. The officer receiving the copies shall serve themby:
(i) Handing them to the defendant; or
(ii) Serving them at the defendant's dwelling unit to aperson of suitable age and discretion then residing therein; or
(iii) If none be found, by posting them conspicuously on thedoor to defendant's dwelling unit.
(2) The sheriff or constable serving the summons andcomplaint shall make proof of service on the original summons and shall file itwith the clerk of the appropriate court at or before the time of the hearing.The proof of service shall show the manner and the day, hour, and place ofservice, and shall show that the defendant was served no less than five (5)days before the hearing.
(b) In all actions pursuant to this chapter other than fornonpayment of rent, the procedure shall be as follows:
(1) The summons for eviction actions pursuant to §§34-18-36 and 34-18-38 shall be in the form provided in § 34-18-56(h). Ablank answer, in the form provided in § 34-18-56(j) shall be servedtogether with this summons.
(2) The summons in all other actions pursuant to this chaptershall be in the form provided in § 34-18-56(i). Service shall be madepursuant to Rule 4 of the district court civil rules, or other appropriate ruleof court.
(c) If a landlord or tenant is not a resident of this stateor is a corporation not authorized to do business in this state and engages inany conduct in this state governed by this chapter, or engages in a transactionsubject to this chapter, he or she may designate an agent upon whom service ofprocess may be made in this state. The agent shall be a resident of this stateor a corporation authorized to do business in this state. The designation shallbe in writing and filed with the secretary of state. If no designation is madeand filed or if the process cannot be served in this state upon the designatedagent, process may be served upon the secretary of state, but service upon thesecretary of state is not effective unless the plaintiff or petitionerforthwith mails a copy of the process and pleading by registered or certifiedmail to the defendant or respondent at his or her last reasonably ascertainableaddress. An affidavit of compliance with this subsection shall be filed withthe clerk of the court on or before the return day of the process, if any, orwithin any further time the court allows.
(d) If at time of hearing it appears that the clerk failed toprovide mail service as required by subsection (a), or that the mailed servicewas undeliverable, service shall nevertheless be deemed complete if proof ofservice reflects that service was accomplished in accordance with subsection(a)(1) (i) or (ii) of this section. If mailed service was defective and thetenant was prejudiced by shorter notice of the hearing, the tenant may seek thebenefits of § 34-18-35(d) for late filing of discovery, if justicerequires.
§ 34-18-10 Service of process for actionspursuant to chapter. – (a) In actions for nonpayment of rent, the summons for eviction for nonpaymentof rent shall be in the form provided in § 34-18-56(g). At the time offiling of the complaint, the clerk shall mark the date of hearing upon thesummons, which shall be the ninth (9th) day after filing of the complaint, orthe first court day following the ninth (9th) day. For the purposes of thissection only, the time of filing of the complaint shall be the date upon whichthe clerk assigns a case number to the action and the filing fee is paid to theclerk. On the same day that the complaint is filed, the plaintiff 'sattorney or, if pro se, the plaintiff, or if more than one, the person filingthe complaint shall mail a copy of the summons and complaint and a blank answerform as provided in § 34-18-56(j) by first class mail, to the defendant,shall complete the proof of service on a copy of the original summons and filethe completed proof of service in the appropriate court. The clerk shall noteon the docket the mailing date of the summons and complaint, and shall completethe proof of service on the original summons. The plaintiff shall deliver theoriginal summons and a copy thereof, together with a copy of the complaint anda blank answer form to the sheriff or any constable of the county in which theappropriate court is located. The officer receiving the copies shall serve themby:
(i) Handing them to the defendant; or
(ii) Serving them at the defendant's dwelling unit to aperson of suitable age and discretion then residing therein; or
(iii) If none be found, by posting them conspicuously on thedoor to defendant's dwelling unit.
(2) The sheriff or constable serving the summons andcomplaint shall make proof of service on the original summons and shall file itwith the clerk of the appropriate court at or before the time of the hearing.The proof of service shall show the manner and the day, hour, and place ofservice, and shall show that the defendant was served no less than five (5)days before the hearing.
(b) In all actions pursuant to this chapter other than fornonpayment of rent, the procedure shall be as follows:
(1) The summons for eviction actions pursuant to §§34-18-36 and 34-18-38 shall be in the form provided in § 34-18-56(h). Ablank answer, in the form provided in § 34-18-56(j) shall be servedtogether with this summons.
(2) The summons in all other actions pursuant to this chaptershall be in the form provided in § 34-18-56(i). Service shall be madepursuant to Rule 4 of the district court civil rules, or other appropriate ruleof court.
(c) If a landlord or tenant is not a resident of this stateor is a corporation not authorized to do business in this state and engages inany conduct in this state governed by this chapter, or engages in a transactionsubject to this chapter, he or she may designate an agent upon whom service ofprocess may be made in this state. The agent shall be a resident of this stateor a corporation authorized to do business in this state. The designation shallbe in writing and filed with the secretary of state. If no designation is madeand filed or if the process cannot be served in this state upon the designatedagent, process may be served upon the secretary of state, but service upon thesecretary of state is not effective unless the plaintiff or petitionerforthwith mails a copy of the process and pleading by registered or certifiedmail to the defendant or respondent at his or her last reasonably ascertainableaddress. An affidavit of compliance with this subsection shall be filed withthe clerk of the court on or before the return day of the process, if any, orwithin any further time the court allows.
(d) If at time of hearing it appears that the clerk failed toprovide mail service as required by subsection (a), or that the mailed servicewas undeliverable, service shall nevertheless be deemed complete if proof ofservice reflects that service was accomplished in accordance with subsection(a)(1) (i) or (ii) of this section. If mailed service was defective and thetenant was prejudiced by shorter notice of the hearing, the tenant may seek thebenefits of § 34-18-35(d) for late filing of discovery, if justicerequires.
§ 34-18-10 Service of process for actionspursuant to chapter. – (a) In actions for nonpayment of rent, the summons for eviction for nonpaymentof rent shall be in the form provided in § 34-18-56(g). At the time offiling of the complaint, the clerk shall mark the date of hearing upon thesummons, which shall be the ninth (9th) day after filing of the complaint, orthe first court day following the ninth (9th) day. For the purposes of thissection only, the time of filing of the complaint shall be the date upon whichthe clerk assigns a case number to the action and the filing fee is paid to theclerk. On the same day that the complaint is filed, the plaintiff 'sattorney or, if pro se, the plaintiff, or if more than one, the person filingthe complaint shall mail a copy of the summons and complaint and a blank answerform as provided in § 34-18-56(j) by first class mail, to the defendant,shall complete the proof of service on a copy of the original summons and filethe completed proof of service in the appropriate court. The clerk shall noteon the docket the mailing date of the summons and complaint, and shall completethe proof of service on the original summons. The plaintiff shall deliver theoriginal summons and a copy thereof, together with a copy of the complaint anda blank answer form to the sheriff or any constable of the county in which theappropriate court is located. The officer receiving the copies shall serve themby:
(i) Handing them to the defendant; or
(ii) Serving them at the defendant's dwelling unit to aperson of suitable age and discretion then residing therein; or
(iii) If none be found, by posting them conspicuously on thedoor to defendant's dwelling unit.
(2) The sheriff or constable serving the summons andcomplaint shall make proof of service on the original summons and shall file itwith the clerk of the appropriate court at or before the time of the hearing.The proof of service shall show the manner and the day, hour, and place ofservice, and shall show that the defendant was served no less than five (5)days before the hearing.
(b) In all actions pursuant to this chapter other than fornonpayment of rent, the procedure shall be as follows:
(1) The summons for eviction actions pursuant to §§34-18-36 and 34-18-38 shall be in the form provided in § 34-18-56(h). Ablank answer, in the form provided in § 34-18-56(j) shall be servedtogether with this summons.
(2) The summons in all other actions pursuant to this chaptershall be in the form provided in § 34-18-56(i). Service shall be madepursuant to Rule 4 of the district court civil rules, or other appropriate ruleof court.
(c) If a landlord or tenant is not a resident of this stateor is a corporation not authorized to do business in this state and engages inany conduct in this state governed by this chapter, or engages in a transactionsubject to this chapter, he or she may designate an agent upon whom service ofprocess may be made in this state. The agent shall be a resident of this stateor a corporation authorized to do business in this state. The designation shallbe in writing and filed with the secretary of state. If no designation is madeand filed or if the process cannot be served in this state upon the designatedagent, process may be served upon the secretary of state, but service upon thesecretary of state is not effective unless the plaintiff or petitionerforthwith mails a copy of the process and pleading by registered or certifiedmail to the defendant or respondent at his or her last reasonably ascertainableaddress. An affidavit of compliance with this subsection shall be filed withthe clerk of the court on or before the return day of the process, if any, orwithin any further time the court allows.
(d) If at time of hearing it appears that the clerk failed toprovide mail service as required by subsection (a), or that the mailed servicewas undeliverable, service shall nevertheless be deemed complete if proof ofservice reflects that service was accomplished in accordance with subsection(a)(1) (i) or (ii) of this section. If mailed service was defective and thetenant was prejudiced by shorter notice of the hearing, the tenant may seek thebenefits of § 34-18-35(d) for late filing of discovery, if justicerequires.
