Service in Cases of Operations of Motor Vehicles

Service in Cases of Operations of Motor Vehicles. (a) The use and operation by any person, whether a resident or nonresident of the Commonwealth, of any motor vehicle within the Commonwealth is deemed equivalent to an appointment by the person of the Attorney General of the Commonwealth to be the person’s true and lawful attorney upon whom may be served the summons and complaint in any action or proceedings against that person growing out of any accident or collision in which the person and the motor vehicle so used and operated may be involved. The use and operation of the motor vehicle is deemed a signification of an agreement that any such summons and complaint against that person which is so served is of the same legal validity as if served upon him or her personally within the Commonwealth, whether the person is a nonresident of the Commonwealth or at the time a cause of action arises is a resident of the Commonwealth, but subsequently becomes a nonresident of the Commonwealth. Service of the summons and complaint shall be made as provided in 7 CMC § 1104, if the defendant cannot be found within the Commonwealth. (b) This section shall not be construed as repealing or amending any other provision of law relating to the service of process upon absent defendants nor as establishing an exclusive method of service of process in cases to which this section may apply. Source: PL 2-15, § 3. Commission Comment: For service of process upon absent defendants, see 7 CMC § 1302.