New Mexico Forms Library

4-209A. Order for service of process by publication in a newspaper.

[For use with District Court Civil Rule 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 once 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 NOTES

            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 by Supreme Court Order 05-8300-01, effective March 1, 2005.]