In California, serving legal documents is a critical part of any court case. However, there are instances when a party cannot be located despite diligent efforts. In such situations, serving by publication may be allowed. This blog will break down the steps for serving a party by publication, using clear examples.
What is Service by Publication?
Service by publication is a method of serving court documents by publishing the notice in a newspaper or other public forum. It’s considered a last resort when a person cannot be located and personal service or other methods have failed. The court must grant permission to use this method.
Step-by-Step Guide to Serving by Publication
1. Exhaust All Reasonable Efforts to Locate the Person
Before the court will permit service by publication, you must show that you made diligent efforts to find the individual. This means using all available resources, including:
- Checking public records (property records, voter registration, etc.)
- Searching online databases like LexisNexis or similar tools.
- Hiring a process server to attempt service at last known addresses.
Example: If you’re trying to serve a defendant in a divorce case and they’ve moved out of state, you might check DMV records, speak to known family members, and use a skip-tracing service to locate them.
2. File a Declaration of Diligent Search
After trying all the above methods, you must file a declaration of diligent search with the court. This document outlines everything you’ve done to locate the person and serves as evidence that other methods of service are impractical.
Example: In a contract dispute, you might file a declaration listing the addresses you’ve checked, the dates and times process servers attempted to serve papers, and any communications you’ve had with people who know the defendant.
3. Request Court Permission to Serve by Publication
Next, you must file a motion with the court, requesting permission to serve by publication. The motion should include:
- The Declaration of Diligent Search.
- The affidavit of the process server (if applicable).
- Any other supporting documents that show your efforts.
The court will review your evidence and decide if serving by publication is warranted.
4. Select an Appropriate Newspaper for Publication
If the court grants your motion, you must publish the notice in a newspaper. The newspaper must be of general circulation in the area where the person is believed to be located. This step ensures that the person has a reasonable chance of seeing the notice.
Example: In a personal injury case, if the person is thought to be in Los Angeles but you can’t find them, you could publish the notice in a newspaper like the Los Angeles Daily News.
5. Follow the Publication Rules
In California, the law requires that the notice be published once a week for four consecutive weeks. The content of the notice must include:
- The names of the parties involved.
- The name of the court.
- The case number.
- A brief description of what the lawsuit is about.
6. File Proof of Publication
Once the notice has been published for the required period, the newspaper will provide you with a certificate or proof of publication. This document must be filed with the court as evidence that you completed service by publication.
Example: In a child custody case, you would file the certificate of publication from the newspaper, showing the dates and times the notice was published.
7. Wait for the Defendant’s Response
After service by publication, the defendant has a certain amount of time to respond to the lawsuit, depending on the type of case. If they don’t respond, you may be able to request a default judgment.
Key Points to Remember:
- Service by publication is a last resort.
- You must demonstrate that you’ve made every reasonable effort to locate the person.
- The court must grant permission before you can serve by publication.
- You must follow the publication rules closely to ensure valid service.
Conclusion
Service by publication is a critical tool when a party cannot be located through regular means. By following the steps outlined above, you can ensure you comply with California law and move your case forward even when personal service isn’t possible. Always consult with an attorney to ensure you meet all the legal requirements for your specific case.
For more information or assistance with your case, contact Mines Law Firm PC. We are here to help navigate complex legal processes like service by publication.
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Disclaimer: This information is provided for educational purposes only and should not be construed as legal advice. For personalized legal guidance on third-party insurance claims or related matters, consult with a qualified attorney familiar with the law in your jurisdiction.