Motion For Service By Publication {4-209}

CIVIL FORM Supre me Court Approved RULE 4-209 July 2, 2003, 7/30/03 [ NEW MATERIAL] 1 4-209 2 [District Court Civil Rule 1-004] 3 STATE OF NEW MEXICO 4 COUNTY OF ___________ 5 ___________________ JUDICIAL DISTRICT 6 7 _____________________________, Plaintiff 8 9 v. No. _____ ______ _ 10 11 _____________________________, Defendant 12 1 13 MOTION FOR SERVICE 14 BY PUBLICATION 15 16 _____________________________, the plaintiff states that 17 after diligent inquiry and search efforts, plaintiff has been 18 unable to serve process on the above- named defendant 19 personally and the following diligent efforts were made to 20 locate and serve the above-named defendant personally with a 21 summons and complaint: 22 23 (check each metho d of service attempted and complete 24 applicable blank spaces) 25 [ ] personal service; 26 [ ] service at the def endants l ast known residential 27 address by __________________ (name of person 28 attempting service); 29 [ ] service by mail or courier ser vice purs uant t o 30 Paragraph F of Rule 1-004 NMRA; 31 [ ] serv ice a t the defendants last known busines s32 address; 33 [ ] service at the address listed at the motor vehicle 34 division for the defendants drivers license; 35 [ ] service at the address listed in the last telephone 36 directory listing for the following city or county: 37 ________________________ (list cities and 38 counties) ; 39 [ ] a search of the records of the following co urt s 40 ___________________________ (list courts) ; 41 [ ] _________________________ _______ (desc ribe othe r42 attempts to locate defendant) . 43 [ ] con tacted the p ost office for the zip code of the 44 last known addres s of the defendant and there was 45 no forwarding address. 46 [ ] _________________________ (describe other attempts 47 to locate and serve the defendant) 48 <<<<<<<<<********>>>>>>>>>>>>> 2 CIVIL FORM Supre me Court Approved RULE 4-209 July 2, 2003, 7/30/03 [ NEW MATERIAL] 1 I state upon my oath or affirmation that this doc ument 2 and the statements in it are true and correct to the best of 3 my information and belief. 4 5 Date: _______________ ___________________________________ 6 Signature plaintiff 7 8 STATE OF NEW MEXICO ) 9 ) ss 10 COUNTY OF _____________) 11 12 Signed and swor n t o before me this ___________ day of 13 __________________, __________. 14 15 ______________________________________ 16 Notary 17 18 CERTIFICATE OF SERVICE 19 20 I hereby certify that on this ____ day of _____________, 21 _______ this motion was 22 23 [ mailed by United States mail, postage prepaid, an d24 addressed to: 25 Name: _________________________________ 26 Address: _________________________________ 27 _________________________________ 28 City, state and zip code: ______________________] 29 30 [faxed by ________________________ (name of person who 31 faxed) to _________________ (defendant or defendants 32 attorney) . The transmission was reported as complete and 33 without error. The time and date of the transmission was 34 _____ (a.m) (p.m) on _______________ (date) .] 35 36 [e-mailed by _____________________ (name of person who 37 transmitted) to __________________ at _________________ 38 (electronic address of recipient) who agreed to service 39 in this manner. The transmission was success ful. The 40 time and date of the transmission was _________ (a.m) 41 (p.m.) on _____________________ (date) .] 42 43 ________________________________ 44 Signature of attorney 45 46 ________________________________ 47 Date of signature 48 2 <<<<<<<<<********>>>>>>>>>>>>> 3 CIVIL FORM Supre me Court Approved RULE 4-209 July 2, 2003, 7/30/03 [ NEW MATERIAL] 1 I f thi s motion was served by a person 2 other than an attorney, the following 3 must also be completed and filed with the 4 court: 5 6 AFFIDAVIT OF SERVICE 7 8 I declare under penalty of perjury that a copy of this 9 motion was served by [mail] [fax] [electronic transmission] as 10 described above on this ____ day of __ ______ __________,11 ________. 12 13 14 __________________________________________ 15 Signature of person who made service 16 17 Subscribed and sworn to before me 18 this ___ day of _____________, _____. 19 ______________________________ 20 Judge, notary or other officer 21 authorized to administer oaths 22 23 ______________________________ 24 Official title 25 26 _______________________________ 27 Signature 28 29 _______________________________ 30 Date of signature 31 32 USE NOTE 33 34 1. This form was prepared for service by publication. 35 It is used in conj unct ion with Form 4-209A or 36 4-210B NMRA. 37 38 [Provisionally approved, effective August 15, 2003 until 39 August 31, 2004.] 40 3