2013 Kentucky Revised Statutes CHAPTER 454 - MISCELLANEOUS CIVIL PRACTICE PROVISIONS 454.270 Appointment of Secretary of State as agent for service of process -- Service of process -- Return -- Applicability.
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454.270 Appointment of Secretary of State as agent for service of process -Service of process -- Return -- Applicability.
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Any nonresident operator or owner of any watercraft who accepts the privilege
extended by the laws of this state to nonresidents to operate watercraft or have
them operated within state shall, by such acceptance and by the operation of
such watercraft within this state, make the Secretary of State the agent of
himself or his personal representative for the service of process in any civil
action instituted in the courts of this state against the operator or owner, or the
personal representative of the operator or owner, arising out of or by reason of
any accident or collision or damage occurring within this state in which the
watercraft is involved.
The clerk of the court in which the action is brought shall issue a summons
against the defendant named in the complaint and direct it to the sheriff of
Franklin County. The sheriff shall execute the summons by delivering two (2)
true copies to the Secretary of State and shall also deliver with each summons
an attested copy of plaintiff's complaint. The Secretary of State shall
immediately mail a copy of the summons and complaint to the defendant at the
address given in the complaint. The letter shall be posted by prepaid certified
mail, return receipt requested, and shall bear the return address of the
Secretary of State. The sheriff shall make the usual return to the court, and in
addition the Secretary of State shall make a return to the court showing that the
acts contemplated by this statute have been performed, and shall attach to his
return the registry receipt, if any. Summons shall be deemed to be served on
the return of the Secretary of State and the action shall proceed as provided in
the Rules of Civil Procedure.
The sheriff serving the summons upon the Secretary of State shall pay to him,
at the time of service, a fee of ten dollars ($10), which shall be taxed as costs
in the action. The Secretary shall keep a record of each summons, including
the day and hour of service upon him.
The court in which the action is pending may order such continuances as may
be necessary to afford the defendant reasonable opportunity to appear and
defend the action.
This chapter extends the right of service of process upon nonresidents, and
does not limit any other provisions for the service of process.
The provisions of this chapter shall apply to any operator or owner of any
watercraft who is a resident of this state at the time any accident or collision or
damage occurs and who thereafter becomes a nonresident.
Effective:July 15, 1988
History: Amended 1988 Ky. Acts ch. 185, sec. 4, effective July 15, 1988. -Amended 1986 Ky. Acts ch. 204, sec. 14, effective July 15, 1986. -- Amended
1980 Ky. Acts ch. 114, sec. 108, effective July 15, 1980. -- Amended 1974 Ky.
Acts ch. 315, sec. 88. -- Amended 1972 Ky. Acts ch. 307, sec. 2. -- Created
1966 Ky. Acts ch. 183, sec. 4.
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