Okla. Stat. tit. 12, § 12-2004

PROCESS

A. SUMMONS: ISSUANCE. Upon filing of the petition, the clerk

shall forthwith issue a summons. Upon request of the plaintiff

separate or additional summons shall issue against any defendants.

B. SUMMONS: FORM.

1. The summons shall be signed by the clerk, be under the seal

of the court, contain the name of the court and the names of the

parties, be directed to the defendant, state the name and address of

the plaintiff's attorney, if any, otherwise, the plaintiff's

address, and the time within which these rules require the defendant

to appear and defend, and shall notify the defendant that in case of

failure to appear, judgment by default will be rendered against the

defendant for the relief demanded in the petition.

2. A judgment by default shall not be different in kind from or

exceed in amount that prayed for in either the demand for judgment

or in cases not sounding in contract in a notice which has been

given the party against whom default judgment is sought. Except as

to a party against whom a judgment is entered by default, every

final judgment shall grant the relief to which the party in whose

favor it is rendered is entitled, even if the party has not demanded

such relief in his or her pleadings.

C. BY WHOM SERVED: PERSON TO BE SERVED.

1. SERVICE BY PERSONAL DELIVERY.

a. At the election of the plaintiff, process, other than

a subpoena, shall be served by a sheriff or deputy

sheriff, a person licensed to make service of process

in civil cases or a person specially appointed for

that purpose. The court shall freely make special

appointments to serve all process, other than a

subpoena, under this paragraph.

b. A summons to be served by the sheriff or deputy

sheriff shall be delivered to the sheriff by the court

clerk or an attorney of record for the plaintiff.

When a summons, subpoena or other process is to be

served by the sheriff or deputy sheriff of another

county, the court clerk shall mail it, together with

the voucher of the court clerk for the fees collected

for the service, to the sheriff of that county. The

sheriff shall deposit the voucher in the Sheriff's

Service Fee Account created pursuant to Section 514.1

of Title 19 of the Oklahoma Statutes. The sheriff or

deputy sheriff shall serve the process in the manner

that other process issued out of the court of the

sheriff's own county is served. A summons to be

served by a person licensed to make service of process

in civil cases or by a person specially appointed for

Oklahoma Statutes - Title 12. Civil Procedure Page 375

that purpose shall be delivered by an attorney of

record for the plaintiff to such person.

c. Service shall be made as follows:

(1) upon an individual other than an infant who is

less than fifteen (15) years of age or an

incompetent person, by delivering a copy of the

summons and of the petition personally or by

leaving copies thereof at the person's dwelling

house or usual place of abode with some person

then residing therein who is fifteen (15) years

of age or older, by delivering a copy of the

summons and of the petition to an agent

authorized by appointment or by law to receive

service of process, or by delivering a copy of

the summons and of the petition personally or by

leaving copies thereof at an agreed meeting place

with some person then residing at the person's

dwelling house or usual place of abode,

(2) upon an infant who is less than fifteen (15)

years of age, by serving the summons and petition

personally and upon either of the infant's

parents or guardian, or if they cannot be found,

then upon the person having the care or control

of the infant or with whom the infant lives; and

upon an incompetent person by serving the summons

and petition personally and upon the incompetent

person's guardian,
nfant who is less than fifteen (15)

years of age, by serving the summons and petition

personally and upon either of the infant's

parents or guardian, or if they cannot be found,

then upon the person having the care or control

of the infant or with whom the infant lives; and

upon an incompetent person by serving the summons

and petition personally and upon the incompetent

person's guardian,

(3) upon a domestic or foreign corporation or upon a

partnership or other unincorporated association

which is subject to suit under a common name, by

delivering a copy of the summons and of the

petition to an officer, a managing or general

agent or to any other agent authorized by

appointment or by law to receive service of

process and, if the agent is one authorized by

statute to receive service and the statute so

requires, by also mailing a copy to the

defendant,

(4) upon the United States or an officer or agency

thereof in the manner specified by Federal Rule

of Civil Procedure 4,

(5) upon a state, county, school district, public

trust or municipal corporation or other

governmental organization thereof subject to

suit, by delivering a copy of the summons and of

the petition to the officer or individual

designated by specific statute; however, if there

Oklahoma Statutes - Title 12. Civil Procedure Page 376

is no statute, then upon the chief executive

officer or a clerk, secretary or other official

whose duty it is to maintain the official records

of the organization,

(6) upon an inmate incarcerated in an institution

under the jurisdiction and control of the

Department of Corrections, by delivering a copy

of the summons and of the petition to the warden

or superintendent or the designee of the warden

or superintendent of the institution where the

inmate is housed. It shall be the duty of the

receiving warden or superintendent or a designee

to promptly deliver the summons and petition to

the inmate named therein. The warden or

superintendent or his or her designee shall

reject service of process for any inmate who is

not actually present in the institution, and

(7) upon an inmate incarcerated in a county jail or

detention center under the jurisdiction and

control of the county sheriff or the jail trust

of the county, by delivering a copy of the

summons and of the petition to the jail or

detention center administrator or the designee of

such administrator of the jail or detention

center where the inmate is housed. It shall be

the duty of the receiving jail or detention

center administrator or designee to promptly

deliver the summons and petition to the inmate

named therein. The jail or detention center

administrator or designee shall reject service of

process for any inmate who is not actually

present in the jail or detention center.

2. SERVICE BY MAIL.

a. At the election of the plaintiff, a summons and

petition may be served by mail by the plaintiff's

attorney, any person authorized to serve process

pursuant to subparagraph a of paragraph 1 of this

subsection or by the court clerk upon a defendant of

any class referred to in division (1), (3) or (5) of

subparagraph c of paragraph 1 of this subsection.

Service by mail shall be effective on the date of

receipt or if refused, on the date of refusal of the

summons and petition by the defendant.

b. Service by mail shall be accomplished by mailing a

copy of the summons and petition by certified mail,

return receipt requested and delivery restricted to

the addressee. When there is more than one defendant,

Oklahoma Statutes - Title 12. Civil Procedure Page 377

the summons and a copy of the petition or order shall

be mailed in a separate envelope to each defendant.

If the summons is to be served by mail by the court

clerk, the court clerk shall enclose the summons and a

copy of the petition or order of the court to be

served in an envelope, prepared by the plaintiff,
s more than one defendant,

Oklahoma Statutes - Title 12. Civil Procedure Page 377

the summons and a copy of the petition or order shall

be mailed in a separate envelope to each defendant.

If the summons is to be served by mail by the court

clerk, the court clerk shall enclose the summons and a

copy of the petition or order of the court to be

served in an envelope, prepared by the plaintiff,

addressed to the defendant, or to the resident service

agent if one has been appointed. The court clerk

shall prepay the postage and mail the envelope to the

defendant, or service agent, by certified mail, return

receipt requested and delivery restricted to the

addressee. The return receipt shall be prepared by

the plaintiff. Service by mail to a garnishee shall

be accomplished by mailing a copy of the summons and

notice by certified mail, return receipt requested,

and at the election of the judgment creditor by

restricted delivery, to the addressee.

c. Service by mail shall not be the basis for the entry

of a default or a judgment by default unless the

record contains a return receipt showing acceptance by

the defendant or a returned envelope showing refusal

of the process by the defendant. Acceptance or

refusal of service by mail by a person who is fifteen

(15) years of age or older who resides at the

defendant's dwelling house or usual place of abode

shall constitute acceptance or refusal by the party

addressed. In the case of an entity described in

division (3) of subparagraph c of paragraph 1 of this

subsection, acceptance or refusal by any officer or by

any employee of the registered office or principal

place of business who is authorized to or who

regularly receives certified mail shall constitute

acceptance or refusal by the party addressed. A

return receipt signed at such registered office or

principal place of business shall be presumed to have

been signed by an employee authorized to receive

certified mail. In the case of a state municipal

corporation, or other governmental organization

thereof subject to suit, acceptance or refusal by an

employee of the office of the officials specified in

division (5) of subparagraph c of paragraph 1 of this

subsection who is authorized to or who regularly

receives certified mail shall constitute acceptance or

refusal by the party addressed. If delivery of the

process is refused, upon the receipt of notice of such

refusal and at least ten (10) days before applying for

entry of default, the person elected by plaintiff

Oklahoma Statutes - Title 12. Civil Procedure Page 378

pursuant to subparagraph a of this paragraph to serve

the process shall mail to the defendant by first-class

mail a copy of the summons and petition and a notice

prepared by the plaintiff that despite such refusal

the case will proceed and that judgment by default

will be rendered against him unless he appears to

defend the suit. Any default or judgment by default

shall be set aside upon motion of the defendant in the

manner prescribed in Section 1031.1 of this title, or

upon petition of the defendant in the manner

prescribed in Section 1033 of this title if the

defendant demonstrates to the court that the return

receipt was signed or delivery was refused by an

unauthorized person. A petition shall be filed within

one (1) year after the defendant has notice of the

default or judgment by default but in no event more

than two (2) years after the filing of the judgment.

3. SERVICE BY PUBLICATION.

a. Service of summons upon a named defendant may be made

by publication when it is stated in the petition,

verified by the plaintiff or the plaintiff's attorney

or in a separate affidavit by the plaintiff or the

plaintiff's attorney filed with the court, that with

due diligence service cannot be made upon the

defendant by any other method.

b. Service of summons upon the unknown successors of a

named defendant, a named decedent or a dissolved
ade

by publication when it is stated in the petition,

verified by the plaintiff or the plaintiff's attorney

or in a separate affidavit by the plaintiff or the

plaintiff's attorney filed with the court, that with

due diligence service cannot be made upon the

defendant by any other method.

b. Service of summons upon the unknown successors of a

named defendant, a named decedent or a dissolved

partnership, corporation or other association may be

made by publication when it is stated in a petition,

verified by the plaintiff or the plaintiff's attorney

or in a separate affidavit by the plaintiff or the

plaintiff's attorney filed with the court, that the

person who verified the petition or the affidavit does

not know and with due diligence cannot ascertain the

following:

(1) whether a person named as defendant is living or

dead, and, if dead, the names or whereabouts of

the person's successors, if any,

(2) the names or whereabouts of the unknown

successors, if any, of a named decedent,

(3) whether a partnership, corporation or other

association named as a defendant continues to

have legal existence or not; or the names or

whereabouts of its officers or successors,

(4) whether any person designated in a record as a

trustee continues to be the trustee; or the names

Oklahoma Statutes - Title 12. Civil Procedure Page 379

or whereabouts of the successors of the trustee,

or

(5) the names or whereabouts of the owners or holders

of special assessment or improvement bonds, or

any other bonds, sewer warrants or tax bills.

c. Service pursuant to this paragraph shall be made by

publication of a notice, signed by the court clerk,

one (1) day a week for three (3) consecutive weeks in

a newspaper authorized by law to publish legal notices

which is published in the county where the petition is

filed. If no newspaper authorized by law to publish

legal notices is published in such county, the notice

shall be published in some such newspaper of general

circulation which is published in an adjoining county.

All named parties and their unknown successors who may

be served by publication may be included in one

notice. The notice shall state the court in which the

petition is filed and the names of the plaintiff and

the parties served by publication, and shall designate

the parties whose unknown successors are being served.

The notice shall also state that the named defendants

and their unknown successors have been sued and must

answer the petition on or before a time to be stated

(which shall not be less than forty-one (41) days from

the date of the first publication), or judgment, the

nature of which shall be stated, will be rendered

accordingly. If jurisdiction of the court is based on

property, any real property subject to the

jurisdiction of the court and any property or debts to

be attached or garnished must be described in the

notice.

(1) When the recovery of money is sought, it is not

necessary for the publication notice to state the

separate items involved, but the total amount

that is claimed must be stated. When interest is

claimed, it is not necessary to state the rate of

interest, the date from which interest is claimed

or that interest is claimed until the obligation

is paid.

(2) It is not necessary for the publication notice to

state that the judgment will include recovery of

costs in order for a judgment following the

publication notice to include costs of suit.
s claimed must be stated. When interest is

claimed, it is not necessary to state the rate of

interest, the date from which interest is claimed

or that interest is claimed until the obligation

is paid.

(2) It is not necessary for the publication notice to

state that the judgment will include recovery of

costs in order for a judgment following the

publication notice to include costs of suit.

(3) In an action to quiet title to real property, it

is not necessary for the publication notice to

state the nature of the claim or interest of

either party, and in describing the nature of the

Oklahoma Statutes - Title 12. Civil Procedure Page 380

judgment that will be rendered should the

defendant fail to answer, it is sufficient to

state that a decree quieting plaintiff's title to

the described property will be entered. It is

not necessary to state that a decree forever

barring the defendant from asserting any interest

in or to the property is sought or will be

entered if the defendant does not answer.

(4) In an action to foreclose a mortgage, it is

sufficient that the publication notice state that

if the defendant does not answer, the defendant's

interest in the property will be foreclosed. It

is not necessary to state that a judgment forever

barring the defendant from all right, title,

interest, estate, property and equity of

redemption in or to the property or any part

thereof is requested or will be entered if the

defendant does not answer.

d. Service by publication is complete when made in the

manner and for the time prescribed in subparagraph c

of this paragraph. Service by publication shall be

proved by the affidavit of any person having knowledge

of the publication. No default judgment may be

entered on such service until proof of service by

publication is filed with and approved by the court.

e. Before entry of a default judgment or order against a

party who has been served solely by publication under

this paragraph, the court shall conduct an inquiry to

determine whether the plaintiff, or someone acting in

behalf of the plaintiff, made a distinct and

meaningful search of all reasonably available sources

to ascertain the whereabouts of any named parties who

have been served solely by publication under this

paragraph. Before entry of a default judgment or

order against the unknown successors of a named

defendant, a named decedent or a dissolved

partnership, corporation or association, the court

shall conduct an inquiry to ascertain whether the

requirements described in subparagraph b of this

paragraph have been satisfied.

f. A party against whom a default judgment or order has

been rendered, without other service than by

publication in a newspaper, may, at any time within

three (3) years after the filing of the judgment or

order, have the judgment or order set aside in the

manner prescribed in Sections 1031.1 and 1033 of this

title. Before the judgment or order is set aside, the

Oklahoma Statutes - Title 12. Civil Procedure Page 381

applicant shall notify the adverse party of the

intention to make an application and shall file a full

answer to the petition, pay all costs if the court

requires them to be paid and satisfy the court by

affidavit or other evidence that during the pendency

of the action the applicant had no actual notice

thereof in time to appear in court and make a defense.

The title to any property which is the subject of and

which passes to a purchaser in good faith by or in

consequence of the judgment or order to be opened

shall not be affected by any proceedings under this

subparagraph. Nor shall proceedings under this

subparagraph affect the title of any property sold

before judgment under an attachment. The adverse

party, on the hearing of an application to open a

judgment or order as provided by this subparagraph,

shall be allowed to present evidence to show that

during the pendency of the action the applicant had
be affected by any proceedings under this

subparagraph. Nor shall proceedings under this

subparagraph affect the title of any property sold

before judgment under an attachment. The adverse

party, on the hearing of an application to open a

judgment or order as provided by this subparagraph,

shall be allowed to present evidence to show that

during the pendency of the action the applicant had

notice thereof in time to appear in court and make a

defense.

g. The term "successors" includes all heirs, executors,

administrators, devisees, trustees and assigns,

immediate and remote, of a named individual,

partnership, corporation or association.

h. Service outside of the state does not give the court

in personal jurisdiction over a defendant who is not

subject to the jurisdiction of the courts of this

state or who has not, either in person or through an

agent, submitted to the jurisdiction of the courts of

this state.

4. SERVICE ON THE SECRETARY OF STATE.

a. Service of process on a domestic or foreign

corporation may be made by serving the Secretary of

State as the corporation's agent, if:

(1) there is no registered agent for the corporation

listed in the records of the Secretary of State,

or

(2) neither the registered agent nor an officer of

the corporation could be found at the registered

office of the corporation, when service of

process was attempted.

b. Before resorting to service on the Secretary of State

the plaintiff must have attempted service either in

person or by mail on the corporation at:

(1) the corporation's last-known address shown on the

records of the Franchise Tax Division of the

Oklahoma Statutes - Title 12. Civil Procedure Page 382

Oklahoma Tax Commission, if any is listed there,

and

(2) the corporation's last-known address shown on the

records of the Secretary of State, if any is

listed there, and

(3) the corporation's last address known to the

plaintiff.

If any of these addresses are the same, the plaintiff

is not required to attempt service more than once at

any address. The plaintiff shall furnish the

Secretary of State with a certified copy of the return

or returns showing the attempted service.

c. Service on the Secretary of State shall be made by

filing two (2) copies of the summons and petition with

the Secretary of State, notifying the Secretary of

State that service is being made pursuant to the

provisions of this paragraph, and paying the Secretary

of State the fee prescribed in paragraph 7 of

subsection A of Section 1142 of Title 18 of the

Oklahoma Statutes, which fee shall be taxed as part of

the costs of the action, suit or proceeding if the

plaintiff shall prevail therein. If a registered

agent for the corporation is listed in the records of

the Secretary of State, the plaintiff must also

furnish a certified copy of the return showing that

service on the registered agent has been attempted

either in person or by mail, and that neither the

registered agent nor an officer of the corporation

could be found at the registered office of the

corporation.

d. Within three (3) working days after receiving the

summons and petition, the Secretary of State shall

send notice by letter, certified mail, return receipt

requested, directed to the corporation at its

registered office or the last-known address found in

the office of the Secretary of State, or if no address

is found there, to the corporation's last-known

address provided by the plaintiff. The notice shall

enclose a copy of the summons and petition and any

other papers served upon the Secretary of State. The

corporation shall not be required to serve its answer

until forty (40) days after service of the summons and

petition on the Secretary of State.

e. Before entry of a default judgment or order against a

corporation that has been served by serving the

Secretary of State as its agent under this paragraph,

the court shall determine whether the requirements of
ed upon the Secretary of State. The

corporation shall not be required to serve its answer

until forty (40) days after service of the summons and

petition on the Secretary of State.

e. Before entry of a default judgment or order against a

corporation that has been served by serving the

Secretary of State as its agent under this paragraph,

the court shall determine whether the requirements of

Oklahoma Statutes - Title 12. Civil Procedure Page 383

this paragraph have been satisfied. A default

judgment or order against a corporation that has been

served only by service on the Secretary of State may

be set aside upon motion of the corporation in the

manner prescribed in Section 1031.1 of this title, or

upon petition of the corporation in the manner

prescribed in Section 1033 of this title, if the

corporation demonstrates to the court that it had no

actual notice of the action in time to appear and make

its defense. A petition shall be filed within one (1)

year after the corporation has notice of the default

judgment or order but in no event more than two (2)

years after the filing of the default judgment or

order.

f. The Secretary of State shall maintain an alphabetical

record of service setting forth the name of the

plaintiff and defendant, the title, docket number and

nature of the proceeding in which the process has been

served upon the defendant, the fact that service has

been effected pursuant to the provisions of this

paragraph, the return date thereof and the date when

the service was made. The Secretary of State shall

not be required to retain this information for a

period longer than five (5) years from receipt of the

service of process.

g. The provisions of this paragraph shall not apply to a

foreign insurance company doing business in this

state.

5. SERVICE BY ACKNOWLEDGMENT. An acknowledgment on the back of

the summons or the voluntary appearance of a defendant is equivalent

to service.

6. SERVICE BY OTHER METHODS. If service cannot be made by

personal delivery or by mail, a defendant of any class referred to

in division (1) or (3) of subparagraph c of paragraph 1 of this

subsection may be served as provided by court order in a manner

which is reasonably calculated to give the defendant actual notice

of the proceedings and an opportunity to be heard and upon filing an

affidavit by the plaintiff or plaintiff's attorney that with due

diligence service cannot otherwise be made upon the defendant.

7. NO SERVICE BY PRISONER. No prisoner in any jail, Department

of Corrections facility, private prison, or parolee or probationer

under supervision of the Department of Corrections shall be

appointed by any court to serve process on any defendant, party or

witness.

D. SUMMONS AND PETITION. The summons and petition shall be

served together. The plaintiff shall furnish the person making

service with such copies as are necessary. The failure to serve a

Oklahoma Statutes - Title 12. Civil Procedure Page 384

copy of the petition with the summons is not a ground for dismissal

for insufficiency of service of process, but on motion of the party

served, the court may extend the time to answer or otherwise plead.

If a summons and petition are served by personal delivery, the

person serving the summons shall state on the copy that is left with

the person served the date that service is made. This provision is

not jurisdictional, but if the failure to comply with it prejudices

the party served, the court, on motion of the party served, may

extend the time to answer or otherwise plead.

E. SUMMONS: TERRITORIAL LIMITS OF EFFECTIVE SERVICE.

1. Service of the summons and petition may be made anywhere

within this state in the manner provided by subsection C of this

section.

2. When the exercise of jurisdiction is authorized by

subsection F of this section, service of the summons and petition

may be made outside this state:

a. by personal delivery in the manner prescribed for
E. SUMMONS: TERRITORIAL LIMITS OF EFFECTIVE SERVICE.

1. Service of the summons and petition may be made anywhere

within this state in the manner provided by subsection C of this

section.

2. When the exercise of jurisdiction is authorized by

subsection F of this section, service of the summons and petition

may be made outside this state:

a. by personal delivery in the manner prescribed for

service within this state,

b. in the manner prescribed by the law of the place in

which the service is made for service in that place in

an action in any of its courts of general

jurisdiction,

c. in the manner prescribed by paragraph 2 of subsection

C of this section,

d. as directed by the foreign authority in response to a

letter rogatory,

e. in the manner prescribed by paragraph 3 of subsection

C of this section only when permitted by subparagraphs

a and b of paragraph 3 of subsection C of this

section, or

f. as directed by the court.

3. Proof of service outside this state may be made in the

manner prescribed by subsection G of this section, the order

pursuant to which the service is made, or the law of the place in

which the service is made for proof of service in an action in any

of its courts of general jurisdiction.

4. Service outside this state may be made by an individual

permitted to make service of process under the law of this state or

under the law of the place in which the service is made or who is

designated to make service by a court of this state.

5. When subsection C of this section requires that in order to

effect service one or more designated individuals be served, service

outside this state under this section must be made upon the

designated individual or individuals.

6. a. A court of this state may order service upon any

person who is domiciled or can be found within this

state of any document issued in connection with a

Oklahoma Statutes - Title 12. Civil Procedure Page 385

proceeding in a tribunal outside this state. The

order may be made upon application of any interested

person or in response to a letter rogatory issued by a

tribunal outside this state and shall direct the

manner of service.

b. Service in connection with a proceeding in a tribunal

outside this state may be made within this state

without an order of court.

c. Service under this paragraph does not, of itself,

require the recognition or enforcement of an order,

judgment or decree rendered outside this state.

F. ASSERTION OF JURISDICTION. A court of this state may

exercise jurisdiction on any basis consistent with the Constitution

of this state and the Constitution of the United States.

G. RETURN.

1. The person serving the process shall make proof of service

thereof to the court promptly and in any event within the time

during which the person served must respond to the process, but the

failure to make proof of service does not affect the validity of the

service.

2. When process has been served by a sheriff or deputy sheriff

and return thereof is filed in the office of the court clerk, a copy

of the return shall be sent by the court clerk to the plaintiff's

attorney within three (3) days after the return is filed. If

service is made by a person other than a sheriff or deputy sheriff,

the licensed process server shall make affidavit thereof. The

return shall set forth the county of issuance, the name of the

person served and the date, place and method of service.

3. If service was by mail, the person mailing the summons and

petition shall endorse on the copy of the summons or order of the

court that is filed in the action the date and place of mailing and

the date when service was receipted or service was rejected, and

shall attach to the copy of the summons or order a copy of the

return receipt or returned envelope, if and when received, showing

whether the mailing was accepted, refused or otherwise returned. If

the mailing was refused, the return shall also show the date and
court that is filed in the action the date and place of mailing and

the date when service was receipted or service was rejected, and

shall attach to the copy of the summons or order a copy of the

return receipt or returned envelope, if and when received, showing

whether the mailing was accepted, refused or otherwise returned. If

the mailing was refused, the return shall also show the date and

place of any subsequent mailing pursuant to paragraph 2 of

subsection C of this section. When the summons and petition are

mailed by the court clerk, the court clerk shall notify the

plaintiff's attorney within three (3) days after receipt of the

returned card or envelope showing that the card or envelope has been

received.

H. AMENDMENT. At any time in its discretion and upon such

terms as it deems just, the court may allow any process or proof of

service thereof to be amended, unless it clearly appears that

material prejudice would result to the substantial rights of the

party against whom the process issued.

Oklahoma Statutes - Title 12. Civil Procedure Page 386

I. SUMMONS: TIME LIMIT FOR SERVICE. If service of process is

not made upon a defendant within one hundred eighty (180) days after

the filing of the petition and the plaintiff has not shown good

cause why such service was not made within that period, the action

shall be deemed dismissed as to that defendant without prejudice and

Section 100 of this title shall be applicable to any refiling of the

action. Upon application of a defendant not timely served, the

court shall enter an order dismissing the action as to that

defendant. The court shall enter a dismissal order of an action

within two hundred (200) days after the filing of the action in

which no service has been made on any defendant as required pursuant

to this section and such order shall be mailed to the address of the

party or the party's attorney of record. The action shall not be

dismissed if a summons was served on the defendant within one

hundred eighty (180) days after the filing of the petition and a

court later holds that the summons or its service was invalid.

After a court quashes a summons or its service, a new summons may be

served on the defendant within a time specified by the judge. If

the new summons is not served within the specified time, the action

shall be deemed to have been dismissed without prejudice as to that

defendant. This subsection shall not apply with respect to a

defendant who has been outside of this state for one hundred eighty

(180) days following the filing of the petition.