2016 Kentucky Revised Statutes CHAPTER 454 - MISCELLANEOUS CIVIL PRACTICE PROVISIONS .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)
(3)
(4)
(5)
When jurisdiction over a person is based solely upon this section, only a 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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