People Satawal ex rel Ramoloilug v Mina Maru No 3 [1999] FMSC 12; 9 FSM Intrm. 241 (Yap. 1999) (2 December 1999)

FEDERATED STATES OF MICRONESIA
SUPREME COURT TRIAL DIVISION
Cite case as People of Satawal ex rel Ramoloilug v Mina Maru No 3[1999] FMSC 12; , 9 FSM Intrm 241 (Yap. 1999)

THE PEOPLE OF SATAWAL, by and through GABRIEL RAMOLOILUG,
SABINO SAUCHOMAL and ANDREW YATILMAN,
Plaintiffs,

vs.

THE MINA MARU NO. 3, YOSHINORI KUGAI, ICHIO
YAMASHIRO, and SANKO BUSSAN CO., LTD.,
Defendants.

CIVIL ACTION NO. 1998-3005

YOSHINORI KUGAI, ICHIO YAMASHIRO, and
SANKO BUSSAN COMPANY LIMITED,
Counterclaimants,

vs.

THE PEOPLE OF SATAWAL,
Counterdefendants.

ORDER

Martin Yinug
Associate Justice

Decided: October 12, 1999

APPEARANCES:

For the Plaintiff:
Clara Kalscheur
P.O. Box 1646
Koror, Palau PW 96940

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HEADNOTE

Civil Procedure - Service
Service upon a party of all papers and pleadings subsequent to the original complaint shall be made by delivering a copy to that person or by mailing it to that person's last known address. Under Rule 5 service by mail is complete upon mailing and a party's nonacceptance of the papers generally does not affect its validity. Service by registered mail is not required - ordinary mail suffices. People of Satawal ex rel. Ramoloilug v. Mina Maru No. 3[1999] FMSC 12; , 9 FSM Intrm. 241, 242 (Yap 1999).

* * * *

COURT'S OPINION

MARTIN YINUG, Associate Justice:

On October 5, 1999, the court received by fax the plaintiffs' Motion to Permit Late Filing of Response to Court's 8/27/99 Order and Response. On October 11, 1999, the court received the original, which was then filed by the clerk.

Good cause appearing, the motion to permit late filing is granted.

It is further ordered that on or before March 1, 2000, plaintiff will file a second status report with the court. The court anticipates that a trial date will then be set.

The court also notes that it has received back all of the copies of the August 27th order, which were sent to the defendants Yoshinori Kugai, Ichio Yamashiro, and Sanko Bussan Company Ltd. by registered mail. The copies sent to Yoshinori Kugai and Ichio Yamashiro are marked as having been refused, while the copy to Sanko Bussan is marked as "not claimed." The envelopes were clearly marked with the return address of the FSM Supreme Court in Yap.

Rule 5 of the FSM Rules of Civil Procedure governs the service of "all papers and pleadings subsequent to the original complaint." See 4A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1141 (2d ed. 1987). Rule 5(b) provides that "service upon . .&. a party shall be made bade by delivering a copy to that person or by mailing it to that person's last known address." Further, under Rule 5, "service by mail is complete upon mailing." Seo 4A Wright & MilleMiller, supra, at § 1148 vice is complete upon upon mailing, [and] nonreceipt or nonacceptance of the papers generally does not affect its validity.")

Defendants' refusal to accept service of the mailed codoes not effect the validitlidity of service of the August 27th order - or for that matter, any other order or papers which may be served on them in this case. The court will continue to serve copies of orders or other papers by mail as provided in the court's order of July 20, 1999. Also pursuant to the July 20, 1999, order, the court will continue to serve by fax, although this is a courtesy, and is not required by Rule 5 of the FSM Rules of Civil Procedure.

The court notes that the clerk served the August 27th order by registered mail. Nothing in Rule 5(b) requires registered mail - ordinary mail suffices, and prospectively the clerk is directed to use ordinary mail for service upon Yoshinori Kugai, Ichio Yamashiro, and Sanko Bussan Co., Ltd.