Service by publication is a legal way of delivering legal documents when traditional methods fail. An affidavit must be submitted stating due diligence has been performed, and a judge can issue a permit service order in a general circulation publication. The notice must include the other party’s last known address and action being considered. The court can operate on the premise that it has been served on the proper parties once printed in the publication. Other ways of serving judicial documents include post, private courier, law enforcement officer, or opponent attorneys.
Service by publication is a way of proving that legal documents have been delivered, or an attempt has been made to deliver them, to another party in a legal proceeding. Lawyers, or litigants, may choose this type of service when a person’s address is unknown, the person is in hiding, or when other more traditional attempts have not been successful. Often, multiple steps are required to serve someone with court documents this way. It is a legal way of service, provided that certain conditions and steps are followed.
One of the main things that must happen in order for service to be published is to submit an affidavit stating that other service attempts have failed, thus stating that due diligence has been performed. If so, the individual attempting the service must provide an affidavit to a judge. The judge can then issue a permit service order in a general circulation publication. In some cases, the court may have a list of acceptable or official publications where the service can be printed.
The information provided in service by the publication is the same information that would have been provided in a more traditional service. Typically, the court will require the person requesting service to include the other party’s last known address in the information to be published. The remainder of the notice will state the action being considered and likely include the next court date or provide a time frame within which the party must respond. Those who fail to respond could be in danger of a default sentence.
If the judge gives permission, the next step is to contact a general circulation publication, usually a newspaper. Most of these notices are handled through the publication’s advertising or legal department. The posting notice will cost money, often based on how much space it takes up on paper. The journal will often send the paying party a proof of publication once the notice has expired.
Once printed in the publication, the court can operate on the premise that it has been served on the proper parties. Even if the other party does not see the service through publication, it may not be grounds for recourse. The other party may have grounds for appeal, however, if it can demonstrate that a good faith attempt was not made to provide a service by other means.
In addition to service by publication, there are many other ways individuals can be served with judicial documents. The service can be carried out by post, private courier or by a law enforcement officer. Opponent attorneys who have presented on behalf of a client may also be able to accept documents on behalf of the client.
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