Service by Publication

Service of process by publication (newspaper case) may be used when the respondent's residence is unknown. Service by publication is sufficient to obtain jurisdiction. Usually, no personal judgment may be entered against a respondent served by publication (Mervyn's, Inc. v. Superior Court, 697 P 2d 1353).

The Court acquires limited jurisdiction when service is made by publication, and may not be able to enter an award of child support, alimony or an effective division of property when service is by this procedure.

Publication of the summons is made in a newspaper, published in the county where the case has been filed, once a week for four (4) successive weeks. After publication, an affidavit must be filed which states the circumstances warranting such service.

When the respondent's residence is unknown, this affidavit should be carefully drafted and it may not be made upon information and belief.

It is not enough to state that the residence is unknown. Due diligence in attempting to locate the whereabouts of the respondent is required. You must swear that you have tried contacting family, friends, employers, that may know the respondent.

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