4-209

[District Court Civil Rule 1-004]

STATE OF NEW MEXICO

COUNTY OF _______________

___________________ JUDICIAL DISTRICT

                                                                                                            No. ____________

_____________________________, Plaintiff

v.

_____________________________, Defendant

MOTION FOR SERVICE¹

BY PUBLICATION

_____________________________, the plaintiff states that after diligent inquiry and search efforts, plaintiff has been unable to serve process on the above-named defendant personally and the following diligent efforts were made to locate and serve the above-named defendant personally with a summons and complaint:

(Check each method of service attempted and complete applicable blank spaces.)

[ ]        personal service;

[ ]        service at the defendant's last known residential address by __________________ (name of person attempting service);

[ ]        service by mail or courier service pursuant to Paragraph F of Rule 1-004 NMRA;

[ ]        service at the defendant's last known business address;

[ ]        service at the address listed at the motor vehicle division for the defendant's driver's license;

[ ]        service at the address listed in the last telephone directory listing for the following city or county: ________________________ (list cities and counties);

[ ]        a search of the records of the following courts ___________________________ (list courts);

[ ]        ________________________________ (describe other attempts to locate defendant);

[ ]        contacted the post office for the zip code of the last known address of the defendant and there was no forwarding address;

[ ]        _________________________ (describe other attempts to locate and serve the defendant).

I state upon my oath or affirmation that this document and the statements in it are true and correct to the best of my information and belief.

Date: _______________                                _______________________________

Signature of plaintiff

STATE OF NEW MEXICO )

                                                 )          ss

COUNTY OF _____________)

Signed and sworn to before me this ___________ day of __________________, __________.

                                                ______________________________________

                                                Notary

CERTIFICATE OF SERVICE

I hereby certify that on this ____ day of _____________, _______ this motion was

            [mailed by United States mail, postage prepaid, and addressed to:

            Name:                         _________________________________

            Address:        _________________________________

_________________________________

City, state and zip code: ______________________]

[faxed by ________________________ (name of person who faxed) to _________________ (defendant or defendant's attorney). The transmission was reported as complete and without error. The time and date of the transmission was _____ (a.m.) (p.m.) on _______________ (date).]

[e-mailed by _____________________ (name of person who transmitted) to __________________ at _________________ (electronic address of recipient) who agreed to service in this manner. The transmission was successful. The time and date of the transmission was _________ (a.m.) (p.m.) on _____________________ (date).]

________________________________

                                                            Signature of attorney

                                                            ________________________________

                                                            Date of signature

If this motion was served by a person other than an attorney, the following must also be completed and filed with the court:

AFFIDAVIT OF SERVICE

I declare under penalty of perjury that a copy of this motion was served by [mail] [fax] [electronic transmission] as described above on this ____ day of __________________, ________.

__________________________________________

                                                            Signature of person who made service

Subscribed and sworn to before me

this ___ day of _____________, _____.

______________________________

Judge, notary or other officer

authorized to administer oaths

______________________________

Official title

_______________________________

                                                Signature

                                                _______________________________

                                                Date of signature

USE NOTE

1.         This form was prepared for service by publication. It is used in conjunction with Form 4-209A or 4-209B NMRA.

[Provisionally approved, effective August 15, 2003 until August 31, 2004; approved, October 14, 2004.]