New Mexico Forms Library

10-514.  Order for service of process by publication or other alternative method.

STATE OF NEW MEXICO

COUNTY OF _______________

__________________ JUDICIAL DISTRICT

IN THE CHILDREN’S COURT

STATE OF NEW MEXICO ex rel.

CHILDREN, YOUTH AND FAMILIES DEPARTMENT

                                                                                                            No. __________

In the Matter of

_______________________________, (a) Child(ren), and Concerning

_______________________________, Respondent(s).

ORDER FOR SERVICE OF PROCESS

BY PUBLICATION OR OTHER ALTERNATIVE METHOD

            Petitioner, the Children, Youth and Families Department, has filed a motion requesting that the Court approve service of process upon __________________ (name of Respondent) by [publication in a newspaper of general circulation] [and] [by alternative method].

            The Court finds that Petitioner has made diligent efforts to make personal service of process upon __________________ (name of Respondent), but has not been able to do so as provided by Rule 10-103 NMRA.

            The Court finds that a newspaper of general circulation in this county where the action is pending is most likely to apprise __________________ (name of Respondent) of the existence and pendency of this action.

OR

            The Court finds that a newspaper of general circulation in this county where the action is pending is not the newspaper most likely to apprise __________________ (name of Respondent) of the existence and pendency of this action and that a newspaper of general circulation in ____________________ (county and state) is most likely to do so.

OR

            The Court finds that an alternative method is most likely to apprise __________________ (name of Respondent) of the existence and pendency of this action.

            THEREFORE, IT IS HEREBY ORDERED: (Check all that are applicable)

            [ ]         Petitioner shall serve process on __________________ (name of Respondent) by publication once a week for three (3) consecutive weeks in a newspaper of general circulation in this county and state.

            [ ]         Petitioner shall also serve process on __________________ (name of Respondent) by publication once a week for three (3) consecutive weeks in a newspaper of general circulation in _________________ (county and state).

            [ ]         Petitioner shall file proof of service with a copy of the affidavit of publication when service has been completed.

            [ ]         Petitioner shall serve process on __________________ (name of Respondent) by the following alternative method that is reasonably calculated under all of the circumstances to apprise Respondent of the existence and pendency of the action and afford a reasonable opportunity to appear and defend:

______________________________________________________________________

______________________________________________________________________

_____________________________________________________________________.

                                                                        ________________________________

                                                                        District Court Judge

[Adopted by Supreme Court Order No. 14-8300-009, effective for all cases filed or pending on or after December 31, 2014.]