Affidavit – Service by Publication, Unable to Serve

[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:

  1. I am the attorney for the plaintiff in this action, and submit this Affidavit to demonstrate the circumstances warranting the utilization of service by publication under [local civil rule], and to establish the completion of such service.
  2. Defendant [Defendant] is an individual who is known to reside within the State of [State] at the following address: [Defendant’s last known address].
  3. As is evidenced by the Affidavit of Service of Process by Private Person attached hereto, however, repeated and diligent attempts to secure service of process upon defendant [Defendant] at that address have been unsuccessful. [Detailed description of efforts made to locate and serve defendant].
  4. Based on these repeated, diligent but unsuccessful efforts, it appears defendant is attempting to avoid service of process.
  5. In accordance with the provisions of [local civil rule], on [date of service], I caused a Summons and a true 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.
  6. Thereafter, I caused the Summons and a statement as to the manner in which a copy of the Complaint could be obtained by defendant [Defendant] to be published in [name of publication], a newspaper regularly published in this County, at least once a week for [number of weeks mandatory under local civil rule] successive weeks.
  7. 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.

 

Dated this [Day] of [Month], [Year].

 

By                                                                    

[Name of Plaintiff’s Attorney]

[Firm Name]

[Firm Address]

Attorney for Plaintiff

 

 

/by