What is the procedure for service by publication?

Full question:

Please provide information and procedure on how to Service by Publication.

• Category: Civil Actions
• Subcategory: Summons
• Date: 04/07/2025
• State: Nevada

Answer:

Service by publication is a method used when a defendant's whereabouts are unknown. The court requires proof that diligent efforts to locate the defendant have failed. Once approved, a notice is published in a newspaper for a specified duration.

The following outlines the procedure for service by publication:

1. If a defendant's residence is unknown, an affidavit must be filed with the court. This affidavit should state that the defendant's residence cannot be determined and detail the attempts made to locate them.

2. Submit the affidavit and a proposed legal notice to the Clerk of Courts. The Clerk will facilitate publication in a newspaper of general circulation in Geauga County. The party requesting service is responsible for the publication costs, which may be taxed as costs upon the publisher filing an affidavit with proof of publication.

3. The published notice must include the court's name and address, case number, names of the parties involved, and a summary of the complaint. It must also instruct the defendant to respond within twenty-eight days. The notice should be published once a week for six consecutive weeks unless a shorter duration is specified by law. Service is considered complete on the date of the last publication.

4. In divorce, annulment, or legal separation cases where the plaintiff is proceeding in forma pauperis and the defendant's residence is unknown, service by posting and mail is required. An affidavit must be filed, stating the same details as above, along with the defendant's last known address. The Clerk will post the notice in public places and mail the complaint to the last known address. If a new address is provided during the posting period, the Clerk will mail the complaint to that address. Service is complete upon the entry of posting.