service by publication


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service by publication

n. serving a summons or other legal document in a lawsuit on a defendant by publishing the document in an advertisement in a newspaper of general circulation. Service by publication is used to give "constructive notice" to a defendant who is intentionally absent, in hiding, unknown (as a possible descendant of a former land owner), and only when allowed by a judge's order based on a sworn declaration of the inability to find the defendant after "due diligence" (trying hard). Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without a leaving a forwarding address or to give notice to people who might have a right to object to a "quiet title" action to clear title to real property. (See: service, service of process, constructive notice)

References in periodicals archive ?
The rationale ultimately accepted by the majority and cited by the dissent is based on the notion that "before service by publication ...
(209) This is evident in Justice Zinter's footnote which goes so far as to concede that the "affidavit in support of service by publication was lacking in specifics and was inadequate to support the order for service by publication." (210) Such an admission undermines any notion that due diligence in parental rights proceedings will be afforded any higher standard than in traditional cases involving property or land.
(214) Here, the mother's possession and non-use of the father's telephone number in attempting to locate him, prior to service by publication, was the fatal defect cited.
The accepted standard for exercising due diligence in South Dakota requires the exhaustion of "all reasonable means" available in an effort to locate interested parties before service by publication is to be utilized.