4-209A

[For use with District Court Civil 1-004 NMRA]

STATE OF NEW MEXICO

COUNTY OF ___________

___________________ JUDICIAL DISTRICT

                                                                                                            No. ____________

_____________________________, Plaintiff

v.

_____________________________, Defendant

ORDER FOR SERVICE OF PROCESS¹

BY PUBLICATION IN A NEWSPAPER

            [Plaintiff] [Petitioner] has filed a motion requesting that the court approve service of process upon _______________________ (name of each person to be served) by publication in a newspaper of general circulation.

            The court finds that the [plaintiff] [petitioner] has made diligent efforts to make personal service, but has not been able to complete service of process. The last known address of ________________________ (name of person to be served) is ____________________________________.

            The court further finds that the newspaper of general circulation in this county is __________________ (name of newspaper) [and that this newspaper is most likely to give the defendant notice of the pendency of the action]¹ [and in the county of _____________, State of _______________, a newspaper most likely to give notice of the pendency of this proceeding to the person to be served is: _______________________________ (name of newspaper)].

            THEREFORE, IT IS HEREBY ORDERED that the petitioner serve process on ____________ by publication once a week for three consecutive weeks in the ___________________________ (newspaper) [and one a week for three consecutive weeks in ________________ (newspaper) in ____________ (county)]¹. The [plaintiff] [petitioner] shall file a proof of service with a copy of the affidavit of publication when service has been completed.

Dated this ____ day of _______________, ______.

                                                                        _________________________

District Judge

USE NOTE

1.         Use applicable alternative. Unless the newspaper of general circulation in the county where the action is pending is most likely to give notice of the pendency of the action to the person to be served, the notice must also be published in a newspaper of general circulation in the county where the person to be served is most likely to get notice.

[Approved, effective March 1, 2005.]

COMPILER'S ANNOTATIONS

            Cross references. -- For Motion for Service by Publication, see Civil Form 4-209 NMRA.

            See the committee comment for Rule 1-004 NMRA for service by publication.

            For kinship guardianship proceedings, see Civil Form 4-209B NMRA.

            For legal newspapers, see 14-11-2 NMSA 1978.

            For time and manner for publication of notice of pending suit, see 14-11-10 NMSA 1978.

            For service of process in suits against adverse claimants to lands in townsites, see 19-4-24 NMSA 1978.

            For resisting or obstructing service being a petty misdemeanor, see 30-22-1 NMSA 1978.

            For free process on proper showing of indigency, see 34-6-27 NMSA 1978.

            For issuance of process by probate judges, see 34-7-13 NMSA 1978.

            For issuance and service of process in garnishment, see 35-12-2, 35-12-19 NMSA 1978.

            For service when action is revived against nonresident, see 37-2-9 NMSA 1978.

            For service by superintendent of insurance, see 38-1-8 NMSA 1978.

            For service on domestic corporation, see 38-1-5, 53-11-14 NMSA 1978.

            For service on foreign corporation, see 38-1-6, 53-17-9 to 53-17-11 NMSA 1978.

            For when personal service may be made outside state, and its effect, see 38-1-16 NMSA 1978.

            For service on nonresident motorists, see 38-1-16, 66-5-103, 66-5-104 NMSA 1978.

            For suits against partnerships, see 38-4-5 NMSA 1978.

            For service in kinship guardianship proceedings, see 40-10B-6 NMSA 1978.

            For personal service in special alternative condemnation proceedings, see 42-2-7 NMSA 1978.

            For service by publication in suit for specific performance of real estate contract, see 42-7-2, 42-7-3 NMSA 1978.

            For service of writ of habeas corpus, see 44-1-32 to 44-1-34 NMSA 1978.

            For service and notice in probate proceedings, see 45-1-401 to 45-1-404 NMSA 1978.

            For service on trustees of land grants generally, see 49-1-17 NMSA 1978.

            For service on trustees of Chaperito land grants, see 49-3-2 NMSA 1978.

            For service on trustees of land grants in Dona Ana County, see 49-5-2 NMSA 1978.

            For free process for labor commissioner in wage claim actions, see 50-4-12 NMSA 1978.

            For service on unincorporated association, see 53-10-6 NMSA 1978.

            For chairman of corporation commission (now public regulation commission) being agent for service on producer, distributor, manufacturer or seller of motion pictures, see 57-5-18 NMSA 1978.