New Mexico Forms Library

4-209. Motion for service by publication.

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

 

STATE OF NEW MEXICO

COUNTY OF ___________________________

___________________ JUDICIAL DISTRICT

 

_____________________________________, Plaintiff

 

v.                                                                                                                     No. ____________

 

_____________________________________, Defendant

 

MOTION FOR SERVICE

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 NOTES

 

            This form was prepared for service by publication.  It is used in conjunction with Form 4-209A or 4-210B NMRA.

 

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