CHAPTER 11
Absent Defendants
§ 1401. Order to appear or plead.
§ 1402. Personal service of order.
§ 1403. Procedure if absent defendant fails to appear or plead.
§ 1404. Judgment may be set aside.
In any action in the Chuuk State Supreme Court high court for annulment, divorce or adoption or to enforce or remove any lien upon or claim to real or personal property within the State of Chuuk Trust Territory, or to adjudicate title to any interest in such property, where any defendant cannot be served within the State of Chuuk Trust Territory, or does not voluntarily
appear, the court may order the absent defendant to appear or plead by a
certain day.
Source: (Code 1966, § 338; Code 1970, tit. 6, § 51.) 6 TTC 2 § 51, modified.
Such orders may be served on the
absent defendant personally, wherever found, or, in the case of property,
upon the person or persons in possession or charge thereof, if any, or by
mailing, postage prepaid, a copy of the order to the absent defendant at
his last known address. Where personal service is not practicable,
the order shall be posted in one or more conspicuous places as the court
may direct, for a period of not less than two weeks.
Source: (Code 1966, § 338; Code 1970, tit. 6, § 52.) 6 TTC 2 § 52.
If an absent defendant does not appear or plead within the time allowed, the court may proceed as if the absent defendant had been served with process within the State of Chuuk Trust Territory, but any adjudication shall, as regards the absent
defendant without appearance, affect only the property or status which is
the subject of the action.
Source: (Code 1966, § 338; Code 1970, tit. 6, § 53.) 6 TTC 2 § 53, modified.
Any defendant not so personally notified may, at any time within one year after final judgment, enter his appearance and
thereupon the court shall set aside the judgment and permit such defendant
to plead, on payment of such costs as the court deems best; provided,
however, that this right shall not extend to decrees of annulment, divorce
or adoption.
Source: (Code 1966, § 338; Code 1970, tit. 6, § 54.) 6 TTC 2 § 54, modified.