Define: Service By Publication

Service by publication is a method of serving legal documents, such as a summons or notice, to a party in a lawsuit when their whereabouts are unknown or they cannot be personally served. It involves publishing the required information in a newspaper or other designated publication.

Service by publication is typically used when the defendant’s location is unknown, they have intentionally avoided being served, or their identity is uncertain. It is commonly employed in divorce cases, foreclosure proceedings, and other civil lawsuits.

After obtaining permission from the court, the party seeking service by publication must publish a notice in a newspaper or publication approved by the court. The notice must contain specific information about the lawsuit, such as the parties involved, the nature of the case, and the deadline for responding.

The duration of service by publication varies depending on the jurisdiction and the specific requirements set by the court. Generally, the notice must be published for a certain number of consecutive weeks, with a minimum of once a week.

If the defendant fails to respond within the specified time frame after the last publication, the court may proceed with the case without their participation. This is known as a default judgment, where the plaintiff may be granted the relief sought in their lawsuit.

Service by publication is primarily used in civil cases. In criminal cases, the defendant’s right to due process typically requires personal service or a good faith effort to locate and serve the defendant.

Yes, service by publication can be challenged by the defendant if they can prove that the publication notice was not properly executed or that they were not given a reasonable opportunity to respond. However, such challenges can be complex and require legal expertise.

The availability and requirements for service by publication may vary among jurisdictions. It is important to consult the specific laws and rules of the jurisdiction where the lawsuit is filed to determine if service by publication is an option.

Yes, there are alternative methods of service that can be pursued if service by publication is not feasible or unsuccessful. These may include personal service by a process server, certified mail, or service through a designated agent.

Service by publication is generally limited to the jurisdiction where the lawsuit is filed. If the defendant is located in another country, the applicable international service of process rules and treaties must be followed to ensure proper service.