2014 Kentucky Revised Statutes CHAPTER 454 - MISCELLANEOUS CIVIL PRACTICE PROVISIONS 454.210 Personal jurisdiction of courts over nonresident -- Process, how served -- Fee -- Venue.
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454.210 Personal jurisdiction of courts over nonresident -- Process, how
served -- Fee -- Venue.
(1)
(2)
As used in this section, "person" includes an individual, his executor,
administrator, or other personal representative, or a corporation, partnership,
association, or any other legal or commercial entity, who is a nonresident of
this Commonwealth.
(a) A court may exercise personal jurisdiction over a person who acts directly
or by an agent, as to a claim arising from the person's:
1.
Transacting any business in this Commonwealth;
2.
Contracting to supply services or goods in this Commonwealth;
3.
Causing tortious injury by an act or omission in this Commonwealth;
4.
Causing tortious injury in this Commonwealth by an act or omission
outside this Commonwealth if he regularly does or solicits business,
or engages in any other persistent course of conduct, or derives
substantial revenue from goods used or consumed or services
rendered in this Commonwealth, provided that the tortious injury
occurring in this Commonwealth arises out of the doing or soliciting
of business or a persistent course of conduct or derivation of
substantial revenue within the Commonwealth;
5.
Causing injury in this Commonwealth to any person by breach of
warranty expressly or impliedly made in the sale of goods outside
this Commonwealth when the seller knew such person would use,
consume, or be affected by, the goods in this Commonwealth, if he
also regularly does or solicits business, or engages in any other
persistent course of conduct, or derives substantial revenue from
goods used or consumed or services rendered in this
Commonwealth;
6.
Having an interest in, using, or possessing real property in this
Commonwealth, providing the claim arises from the interest in, use
of, or possession of the real property, provided, however, that such
in personam jurisdiction shall not be imposed on a nonresident who
did not himself voluntarily institute the relationship, and did not
knowingly perform, or fail to perform, the act or acts upon which
jurisdiction is predicated;
7.
Contracting to insure any person, property, or risk located within this
Commonwealth at the time of contracting;
8.
Committing sexual intercourse in this state which intercourse causes
the birth of a child when:
a.
The father or mother or both are domiciled in this state;
b.
There is a repeated pattern of intercourse between the father
and mother in this state; or
c.
Said intercourse is a tort or a crime in this state; or
9.
Making a telephone solicitation, as defined in KRS 367.46951, into
the Commonwealth.
(b) When jurisdiction over a person is based solely upon this section, only a
(3)
(4)
(5)
claim arising from acts enumerated in this section may be asserted
against him.
(a) When personal jurisdiction is authorized by this section, service of
process may be made on such person, or any agent of such person, in
any county in this Commonwealth, where he may be found, or on the
Secretary of State who, for this purpose, shall be deemed to be the
statutory agent of such person.
(b) The clerk of the court in which the action is brought shall issue a
summons against the defendant named in the complaint. The clerk shall
execute the summons either by:
1.
Sending by certified mail two (2) true copies to the Secretary of
State and shall also mail with the summons two (2) attested copies
of plaintiff's complaint; or
2.
Transmitting an electronically attested copy of the complaint and
summons to the Secretary of State via the Kentucky Court of Justice
electronic filing system.
(c) The Secretary of State shall, within seven (7) days of receipt thereof in
his office, mail a copy of the summons and complaint to the defendant at
the address given in the complaint. The letter shall be posted by certified
mail, return receipt requested, and shall bear the return address of the
Secretary of State. The clerk 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.
(d) The clerk mailing the summons to the Secretary of State shall mail to him,
at the same time, a fee of ten dollars ($10), which shall be taxed as costs
in the action. The fee for a summons transmitted electronically pursuant
to this subsection shall be transmitted to the Secretary of State on a
periodic basis.
When the exercise of personal jurisdiction is authorized by this section, any
action or suit may be brought in the county wherein the plaintiff resides or
where the cause of action or any part thereof arose.
A court of this Commonwealth may exercise jurisdiction on any other basis
authorized in the Kentucky Revised Statutes or by the Rules of Civil Procedure,
notwithstanding this section.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 66, sec. 1, effective July 15, 2014. -Amended 2002 Ky. Acts ch. 21, sec. 9, effective July 15, 2002. -- Amended
1988 Ky. Acts ch. 185, sec. 3, effective July 15, 1988. -- Amended 1986 Ky.
Acts ch. 204, sec. 13, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 56,
sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 136, sec. 1,
effective July 15, 1982; and ch. 159, sec. 5, effective July 15, 1982. -- Amended
1980 Ky. Acts ch. 114, sec. 107, effective July 15, 1980. -- Amended 1978 Ky.
Acts ch. 402, sec. 7, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 27,
sec. 20. -- Amended 1974 Ky. Acts ch. 315, sec. 87. -- Amended 1972 Ky. Acts
ch. 307, sec. 3. -- Created 1968 Ky. Acts ch. 46, secs. 1 to 5.
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