43.0504 By means other than publication.

Cite as [A.S.C.A. § 43.0504]

Publication is not necessary if a copy of the order has been served upon the defendant in person or by registered mail at least [2 months and 10 days] before trial, and in case of service by registered mail an official return receipt signed by the defendant is attached to the affidavit of service.

History: 1962, PL 7-36, and 1984, PL 18-28 § 1.

Amendments: 1984 Provides for service by means other than publication.

Case Notes:

“Actual personal service” is not defined in code. Resorting to Rule 4(d)(l), Federal Rules of Civil Procedure, find no authorized agent is involved. Nor does rule when read with section authorize service by mail or any other method. Pelesasa v. Te’o, ASR (1978).

When personal service cannot be made upon a respondent in a divorce action within American Samoa, a petitioner may apply for an order authorizing issuance of a notice for service by publication, supported by an affidavit or another acceptable, verified statement of nonresidency or unknown residency. A.S.C.A. §§ 43.0501-43.0504; T.C.R.C.P. 4(e). Pula v. Pula, 24 A.S.R.2d 151 (1993).

When a petitioner files an affidavit that personal service cannot be made upon a respondent in a divorce action within American Samoa, due to nonresidency or unknown residency, service of process may be made by publication or registered mailing. A.S.C.A. §§ 43.0501-43.0504; T.C.R.C.P. 4(e), 12(a). Pula v. Pula, 24 A.S.R.2d 93 (1993).