Sec. 15. (a) An action against a nonresident may be filed in the county:
(1) of residence of the plaintiff; or
(2) where the test hole is located;
at the election of the plaintiff.
(b) Service of process shall be made by leaving a copy of the process, with a fee of two dollars ($2) for the defendant to be served, with the secretary of state. The service is sufficient service upon a nonresident if:
(1) notice of the service and a copy of the process are immediately sent by registered mail to the defendant; and
(2) the defendant's return receipt is appended to the original process and filed in court.
(c) If the defendant refuses to accept or claim registered mail, the secretary of state shall return the registered mail to the plaintiff or to the plaintiff's attorney. The registered mail shall be appended to the original process, together with an affidavit of the plaintiff or the plaintiff's attorney or agent to the effect that the summons was:
(1) delivered to the secretary of state, together with a fee of two dollars ($2); and
(2) returned unclaimed by the United States Postal Service.
(d) The affidavit, together with the returned envelope and the summons, is considered sufficient service upon the nonresident defendant.
(e) The court in which the action is brought may order continuances that are reasonable to afford the defendant an opportunity to defend the action.
[Pre-1995 Recodification Citation: 13-4-5-9(b).]
As added by P.L.1-1995, SEC.31.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 38. Other Petroleum Regulation
Chapter 2. Test Hole Pollution Control and Waste
14-38-2-1. Applicability of Chapter
14-38-2-2. Public Interest in Preventing Pollution, Impairment, and Waste of Natural Resources
14-38-2-3. "Plug" or "Plugging" Defined
14-38-2-4. "Test Hole" Defined
14-38-2-5. Enforcement by Department
14-38-2-6. Application and Permit Fee
14-38-2-7. Duties of Commission
14-38-2-8. Expiration of Permit
14-38-2-10. Plugging and Abandoning Hole
14-38-2-11. Notice Before Plugging
14-38-2-12. Affidavit of Plugging and Abandoning
14-38-2-13. Actions to Restrain Violations
14-38-2-14. Secretary of State as Agent for Service of Process Upon Nonresident
14-38-2-15. Filing Action Against Nonresident; Service of Process; Affidavit; Continuances
14-38-2-16. Department, Person, or Agency Entering Land to Plug, Replug, or Repair Test Hole
14-38-2-17. Entry Onto Land Without Notice or Hearing
14-38-2-18. Liability of Persons Entering Land to Plug, Replug, or Repair Test Hole
14-38-2-19. Remedying Condition of Test Hole Not Admission of Liability or Discharge of Action
14-38-2-20. Cause of Action for Plugging, Replugging, or Repairing Test Hole