*Service by publication *Service by publication means that you publish the summons and complaint in a newspaper of general circulation in the area where the other side is likely to be. You have to ask the court's permission to do this. It is usually used when you do not know how to find the other side and do not have an address or workplace for him or her. *Note:* If you need to serve a divorce, legal separation or annulment summons and petition or a petition for custody and support of minor children on your ex-spouse or partner, and you do not know where he or she is, there is a special process. Click to find out how to serve a spouse by publication when you do not know your spouse's or partner's whereabouts. Before the court will give you permission to serve by publication, you will have to prove to the court that you tried as hard as possible to find the other side. Every court is slightly different in what they require, but most require at least that you try to find the other side at his or her last known address or last known work, mail letters to the last known address with forwarding address requested, call the other side's friends and family or ex-coworkers to ask about his or her whereabouts, look for the other side in the phone book for any city where he or she is likely to be, and search on the Internet. To find out exactly what your court requires you to do before you can ask for permission to do service by publication, read your court's local rules or ask your court clerk or self-help center . Once you have taken all the steps your court requires before asking to serve by publication: - Write up a Declaration of Due Diligence, which is a document where you tell the court every attempt you made to find the other side. Include as much detail as possible. For example, if you called friends and family, write down the dates and what they told you. If you mailed a letter to the last known address, explain when you sent it, what address you sent it to, and what the result was. You have to sign this document under penalty of perjury. There is no form for this, but you can use a *Declaration* (Form MC-030 ). Your court's self-help center may have a local form to help you with this step too. - Complete an ex parte request for the court order allowing you to serve by publication. You must also attach a proposed order. Again, ask your court's self-help center if they have a local form for this. - If the court grants your request to serve by publication, the judge will sign your proposed order, and allow you to publish your court document in a newspaper of general circulation in the area. - You can make these arrangements with the newspaper. Court clerks usually have a list of newspapers that the court accepts for this purpose. You will have to publish it for 4 weeks in a row, at least once a week. - The newspaper must give you an affidavit showing the time and place the document was published. - Service by publication is complete at the end of the 28th day after the first date the summons and complaint are published in the newspaper.
Answered on Feb 15th, 2013 at 6:26 AM