What is service by publication?

What is service by publication?

• A. Serving a document by publishing a notice in a newspaper or official publication when the defendant cannot be located.
• B. Personal delivery to the defendant.
• C. Filing with the court clerk without serving the defendant.
• D. Email notice to the defendant.

Answer: (A)

Serving by publication is a method used when the defendant cannot be located; you publish a notice in a newspaper of general circulation or official publication to give notice of the lawsuit. This provides due process by giving the defendant a chance to appear even though you couldn't personally locate them. Typically you must show diligent search and attempts to locate the defendant before publication is allowed, and you file proof of publication with the court. It is different from personal service, where someone is handed the document directly, and from simply filing with the court clerk without notifying the defendant, which does not inform them. Electronic notice like email is usually not valid service unless the rules specifically permit electronic service. Therefore the description that matches is publishing a notice in a newspaper or official publication when the defendant cannot be located.

Serving by publication is a method used when the defendant cannot be located; you publish a notice in a newspaper of general circulation or official publication to give notice of the lawsuit. This provides due process by giving the defendant a chance to appear even though you couldn't personally locate them. Typically you must show diligent search and attempts to locate the defendant before publication is allowed, and you file proof of publication with the court. It is different from personal service, where someone is handed the document directly, and from simply filing with the court clerk without notifying the defendant, which does not inform them. Electronic notice like email is usually not valid service unless the rules specifically permit electronic service. Therefore the description that matches is publishing a notice in a newspaper or official publication when the defendant cannot be located.