Evidence of Service Through Secretary of State

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The original process, endorsed as provided in this section, an affidavit of the secretary of state setting forth the secretary of state's compliance with the requirements of §20-2-205, and the return receipt signed by, or duly in behalf of, the defendant, shall be attached together and sent to and filed by the clerk. There shall be endorsed on the original process by the secretary of state over the secretary of state's signature the date of the secretary of state's mailing the certified copy to the defendant and the date on which the secretary of state received the return receipt of the defendant. Thereupon service on the defendant shall be consummate. An act of a deputy or regular assistant of the secretary of state in the secretary of state's behalf shall be deemed the equivalent of the act of the secretary of state.

Code 1932, § 8673; T.C.A. (orig. ed.), § 20-227.

Cross-References. Certified mail in lieu of registered mail, §1-3-111.

Rule Reference. This section is referred to in the Advisory Commission Comments under Tenn. R. Civ. P. 4.

Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, § 36.

Law Reviews.

Civil Procedure — Carr v. Borchers: Tennessee's Nonresident Motorist Statute Revisited, 22 Mem. St. U.L. Rev. 357 (1992).

Cited: Thomas v. Altsheler, 191 Tenn. 640, 235 S.W.2d 806, 1951 Tenn. LEXIS 368 (1951); Keeble v. Loudon Utilities, 212 Tenn. 483, 370 S.W.2d 531, 1963 Tenn. LEXIS 442 (1963); McDavid v. James, 64 F.R.D. 182, 1973 U.S. Dist. LEXIS 10620 (D. Tenn. 1973).


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