[Firm Name]
[Firm Address]
[Firm Phone Number]
[Firm Fax]
[Firm Email]
[Attorney Name and Bar Number]
Attorney for Plaintiff(s)
[State Trial Court System], [Location] County
| [Plaintiff Name(s)],
Plaintiff(s),
v.
[Defendant(s)],
Defendant(s).
|
Case No.
AFFIDAVIT OF PROPRIETY FOR, AND SERVICE BY, PUBLICATION
Assigned to the Hon. [Judge]
|
[Affiant], being duly sworn, upon oath, deposes and says as follows:
- I am the attorney for the plaintiff in this action, and submit this Affidavit to demonstrate the circumstances warranting the utilization of service of process under [local civil rule] and to establish the completion of such service.
- Defendant [Defendant] is an individual who, according to the investigation conducted on behalf of plaintiff, maintains an address within the State of [State] at [Defendant’s address].
- Notwithstanding the foregoing, as is evidenced by the Affidavit of Service of Process by Private Person which is annexed hereto, diligent and repeated efforts to effect service upon defendant [name of defendant] at that address have been unsuccessful. [Detailed description of efforts made to locate and serve defendant].
- Based on these repeated, diligent but unsuccessful efforts to serve defendant, it is believed the defendant is a transient or absent from the State of [State], thereby rendering it appropriate to accomplish service by publication.
- In accordance with the provisions [local civil rule], on [date of mailing], I caused a Summons and a copy of the Complaint in this action to be deposited in the United States mails, first class postage prepaid, properly addressed to the defendant [Defendant] at the address specified above.
- Thereafter, I caused a Summons and a statement as to the method by which a copy of the Complaint could be obtained, to be published in [name of publication]. This newspaper is regularly published and circulated in the County where this action is pending.
- I caused the information described herein to be first published on [date of first publication] and published thereafter on the following dates [dates of additional publication], which is at least once a week for four successive weeks.
- A true copy of the Summons, and of the statement as to the manner in which a copy of the Complaint could be obtained, as printed and published, is attached to this Affidavit as Exhibit 1.
- Service was complete on [date of competed service], which is [number of days in accordance with the local civil rule] days after the first publication.
Dated this [Day] of [Month], [Year].
By
[Plaintiff’s Attorney]
[Firm Name]
[Firm Address]
Attorney for Plaintiff
