Death of Party After Appointment of Agent

  1. Law
  2. Tennessee Code
  3. Civil Procedure
  4. Process
  5. Long-Arm Statutes
  6. Death of Party After Appointment of Agent

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  1. The owner, chauffeur or operator of any motor vehicle that is not licensed under the laws of this state or any nonresident of this state who hires or procures the use of a motor vehicle licensed under the laws of this state for temporary use in this state, and who makes use of the privilege extended to nonresidents of the state, to operate such vehicle on the highway or highways within the state, shall be deemed to have consented that the appointment of the secretary of state as the owner's, chauffeur's, operator's or nonresident's agent for the purposes set forth in § 20-2-203 shall be irrevocable and binding upon such owner's, chauffeur's, operator's or nonresident's executor or administrator.
  2. Where the person has died prior to the commencement of an action brought pursuant to § 20-2-203, this section and §§  20-2-205 — 20-2-207, service of process shall be made on the executor, executrix, administrator or administratrix of the decedent in the same manner as is provided for action commenced while the person is living.
  3. Where an action has been duly commenced under § 20-2-203, this section and §§  20-2-205 — 20-2-207 by service upon a defendant who dies thereafter, the court shall allow the action to be continued against the person's executor or administrator upon motion with such notice as the court deems proper.

    C. Supp. 1950, § 8675.1; T.C.A. (orig. ed.), § 20-225.

    Law Reviews.

    A Survey of Civil Procedure in Tennessee — 1977, II. Selecting a Proper Forum, (John L. Sobieski, Jr.), 46 Tenn. L. Rev. 273.

    Collateral References. Process 58, 80.

  4. In case delivery of process so made by registered or certified mail is refused by the addressee of the process, such refusal to be evidenced by appropriate notation of such fact by the postal authorities, the refusal shall be deemed the equivalent of delivery and adequately constitutes service.
  5. Acceptance of the registered or certified mail by any member of the addressee's family, over sixteen (16) years of age and residing in the same dwelling with the addressee, shall constitute a sufficient delivery of the mail to the addressee.


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