Service of process on nonresidents and absent residents

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  • (a) Any nonresident who operates an aircraft in the United States Virgin Islands, and any nonresident who owns an aircraft which is operated in the United States Virgin Islands with his express or implied consent, shall be deemed to have appointed the Lieutenant Governor of the United States Virgin Islands as his agent upon whom may be served the process in any action against him arising out of any accident or collision occurring within the United States Virgin Islands in which the aircraft is involved while being so operated. Such operation shall be a signification of the agreement by such nonresident that any process so served shall be of the same force and validity as if served upon him personally within the United States Virgin Islands.

  • Such nonresident shall also be deemed to have agreed that such appointment shall be irrevocable and binding upon his executor or administrator. If the nonresident dies prior to the commencement of an action under this section, service of process shall be made on his executor or administrator in the same manner as that provided by this section for service upon the nonresident.
  • (b) Service of process under this section shall be made upon the Lieutenant Governor in the same manner as in civil actions generally, accompanied by a fee of $2, and when so made, such service shall be as effectual to all intents and purposes as if made personally upon the defendant in the United States Virgin Islands: provided, that not later than the day following the commencement of the action, a copy of the process, and notice that service of the original process has or soon will be made upon the Lieutenant Governor, shall be sent by the plaintiff or his attorney to the defendant by registered mail with return receipt requested. The defendant's return receipt and the affidavit by plaintiff or his attorney that this section has been complied with shall be filed in the action within 10 days after the plaintiff receives the defendant's return receipt. If the notice and copy of the process are not received by the defendant, the court may order such continuance as may be necessary to afford the defendant reasonable opportunity to defend the action.

  • (c) The provisions of this section shall also apply to a resident who is absent from the United States Virgin Islands at the time of the accident or who departs from the United States Virgin Islands after the accident, and who remains absent therefrom continuously for a period of 30 days after the accident, whether such absence is intended to be temporary or permanent.

  • (d) This section is an extension of, and not a limitation upon, any rights otherwise existing to serve process by attachment or publication or otherwise.


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