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RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

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(f) Territorial Limits <strong>of</strong> Effective Service. All process o<strong>the</strong>r than a subpoena may be<br />

served.anywhere within <strong>the</strong> territorial limits <strong>of</strong> <strong>the</strong> State <strong>of</strong> <strong>Yap</strong>, and, when authorized by<br />

law or by <strong>the</strong>se rules, beyond <strong>the</strong> territorial limits <strong>of</strong> <strong>the</strong> State <strong>of</strong> <strong>Yap</strong>. A subpoena may be<br />

served within <strong>the</strong> territorial limits provided in Rule 45.<br />

(g) Return.<br />

(1) Return Within State. The person serving process within <strong>the</strong> State <strong>of</strong> <strong>Yap</strong> shall<br />

make pro<strong>of</strong> <strong>of</strong> service <strong>the</strong>re<strong>of</strong> to <strong>the</strong> court promptly and in any event within <strong>the</strong> time<br />

during which <strong>the</strong> person served must respond to <strong>the</strong> process. If service is made by a<br />

person o<strong>the</strong>r than a policeman, he shall make affidavit <strong>the</strong>re<strong>of</strong>. Failure to make pro<strong>of</strong> <strong>of</strong><br />

service does not affect <strong>the</strong> validity <strong>of</strong> <strong>the</strong> service.<br />

(2) Return Out <strong>of</strong> State. Where service is upon a party not an inhabitant <strong>of</strong> or<br />

found within <strong>the</strong> State <strong>of</strong> <strong>Yap</strong>, an affidavit <strong>of</strong> <strong>the</strong> server shall be filed with <strong>the</strong> State Court<br />

stating <strong>the</strong> time, manner, and place <strong>of</strong> service. The court may consider <strong>the</strong> affidavit or any<br />

o<strong>the</strong>r competent pro<strong>of</strong>s in determining whe<strong>the</strong>r service has been properly made.<br />

(h) Amendment. At any time in its discretion and upon such terms as it deems just,<br />

<strong>the</strong> court may allow any process or pro<strong>of</strong> <strong>of</strong> service <strong>the</strong>re<strong>of</strong> to be amended, unless it<br />

clearly appears that material prejudice would result to <strong>the</strong> substantial rights <strong>of</strong> <strong>the</strong> party<br />

against whom <strong>the</strong> process issued.<br />

(i) Alternative Provisions for Service in a <strong>For</strong>eign Country.<br />

(1) Manner. When <strong>the</strong> state law referred to in subdivision (e) <strong>of</strong> this rule<br />

authorizes service upon a party not living or found within <strong>the</strong> State <strong>of</strong> <strong>Yap</strong> and service is<br />

to be effected upon <strong>the</strong> party in a foreign country, it is also sufficient if service <strong>of</strong> <strong>the</strong><br />

summons and complaint is made: (A) in <strong>the</strong> manner prescribed by <strong>the</strong> law <strong>of</strong> <strong>the</strong> foreign<br />

country for service in that country in an action in any <strong>of</strong> its courts <strong>of</strong> general jurisdiction;<br />

or (B) as directed by <strong>the</strong> foreign authority in response to a letter rogatory, when service in<br />

ei<strong>the</strong>r case is reasonably calculated to give actual notice; or (C) upon an individual, by<br />

delivery to him personally, and upon a corporation or partnership or association, by<br />

delivery to an <strong>of</strong>ficer, a managing or general agent; or (D) by any form <strong>of</strong> mail, requiring<br />

a signed receipt, to be addressed and dispatched by <strong>the</strong> clerk <strong>of</strong> <strong>the</strong> court to <strong>the</strong> party to<br />

be served; or (E) as directed by order <strong>of</strong> <strong>the</strong> court. Service under (C) or (E) above may be<br />

made by any person who is not a party and is not less than 18 years <strong>of</strong> age or who is<br />

designated by order <strong>of</strong> <strong>the</strong> court or by <strong>the</strong> foreign court. On request, <strong>the</strong> clerk shall deliver<br />

<strong>the</strong> summons to <strong>the</strong> plaintiff for transmission to <strong>the</strong> person or <strong>the</strong> foreign court or <strong>of</strong>ficer<br />

who will make <strong>the</strong> service.<br />

(2) Return. Pro<strong>of</strong> <strong>of</strong> service may be made as prescribed by subdivision (g)(2) <strong>of</strong><br />

this rule, or by <strong>the</strong> law <strong>of</strong> <strong>the</strong> foreign country, or by order <strong>of</strong> <strong>the</strong> court. When service is<br />

made pursuant to subparagraph (1)(D) <strong>of</strong> this subdivision, pro<strong>of</strong> <strong>of</strong> service shall include a<br />

receipt signed by <strong>the</strong> addressee or o<strong>the</strong>r evidence <strong>of</strong> delivery to <strong>the</strong> addressee satisfactory<br />

to <strong>the</strong> court.

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