[Firm Phone Number]
[Attorney Name and Bar Number]
Attorney for Plaintiff(s)
[State Trial Court System], [Location] County
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 by publication under [local civil rule], and to establish the completion of such service.
- Defendant [Defendant] is an individual who is known to reside within the State of [State] at the following address: [Defendant’s last known address].
- 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].
- Based on these repeated, diligent but unsuccessful efforts, it appears defendant is attempting to avoid service of process.
- 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.
- 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.
- 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].
[Name of Plaintiff’s Attorney]
Attorney for Plaintiff