Where can I find information and procedure on how to Service by Publication?
Full Question:
Answer:
In certain cases of absent or unknown defendants, the court will allow service by publication in a newspaper. Generally, the party attempting service must prove to the court that they have been diligent in unsuccessfully attempting other means of service. Once allowed, the notice is published for a certain period of time in one or more newspapers meeting designated circulation requirements. Rules for service by publication vary by court.
The following is an example of a local court rule governing service by publication:
RULE 29. SERVICE BY PUBLICATION
Service of Process by Publication for cases in the General Division shall be in accordance with Civil Rule 4.4 and the following procedure:
1. Except in an action governed by division (D) of this Rule, if the residence of a defendant is unknown, service shall be made by publication in actions where such service is authorized by law. Before service by publication can be made, an affidavit of a party or his counsel shall be filed with the Court. The affidavit shall aver that service of summons cannot be made because the residence of the defendant is unknown to the affiant, shall detail all of the efforts made on behalf of the party to ascertain the residence of the defendant, and shall aver that the residence of the defendant cannot be ascertained with reasonable diligence.
2. Counsel for a party desiring service by publication shall submit to the Clerk of Courts the aforementioned affidavit and the proposed legal notice in conformity with Civil Rule 4.4(A)(1). The Clerk of Court will cause publication pursuant to Civil Rule 4.4(A)(1) by returning said notice to counsel for transmittal to a newspaper of general circulation in Geauga County. The party desiring service by publication shall arrange for such publication with a newspaper of general circulation in Geauga County and shall be responsible for payment of the costs of publication. The costs of publication may be taxed as costs upon the publisher or its agent filing with the court an affidavit showing the fact of publication together with a copy of the notice of publication and the costs for publication.
3. The publication shall contain the name and address of the Court, the case number, the name of the first party on each side, and the name and last known address, if any, of the person or persons whose residence is unknown. The publication shall also contain a summary statement of the object of the complaint and demand for relief, and shall notify the person to be served that he or she is required to answer within twenty-eight (28) days after publication. The publication shall be published once a week for six successive weeks unless publication for a lesser number of weeks is specifically provided by law. Service shall be complete at the date of the last publication.
After the last publication, the publisher or its agent shall file with the Court an affidavit showing the fact of publication together with a copy of the notice of publication. The affidavit and copy of the notice shall constitute proof of service.
4. In a divorce, annulment, or legal separation action, if the plaintiff is proceeding in forma pauperis and if the residence of the defendant is unknown, service by publication shall be made by posting and mail. Before service by posting and mail can be made, an affidavit of a party or the party's counsel shall be filed with the Court. The affidavit shall contain the same averments required by division (A) of this Rule and, in addition, shall set forth the defendant's last known address. Upon the filing of the affidavit, the Clerk of Courts shall cause service of notice to be made by posting in a conspicuous place in the courthouses in which the General and Domestic Relations Divisions of the Court of Common Pleas for the county are located and in the following two additional public places in the county:
1. Geauga County Library in the township of Middlefield, Ohio
2. Geauga County Library in the township of Chester, Ohio
The notice shall contain the same information required by division (A) of this Rule to be contained in a newspaper publication. The notice shall be posted in the required locations for six (6) successive weeks.
The Clerk shall also cause the complaint and summons to be mailed by ordinary mail, address correction requested, to the defendant's last known address. The Clerk shall obtain a certificate of mailing from the United States Postal Service. If the Clerk is notified of a corrected or forwarding address of the defendant within the six-week period, that notice is posted pursuant to division (D) of this Rule, the Clerk shall cause the complaint and summons to be mailed to the corrected or forwarding address. The Clerk shall note the name, address and date of each mailing in the docket.
After the last week of posting, the Clerk shall note on the docket where and when notice was posted. Service shall be complete upon the entry of posting.