What is the affidavit’s purpose?

It demonstrates to the court that reasonable and diligent efforts were made to locate the party and explains why publication is necessary. The factual record allows the judge to find service by publication satisfies due process in the case circumstances.

Can the affidavit be signed electronically?

Yes, in most jurisdictions electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the platform meets authentication and retention requirements and the court accepts e-filed notarized records.

Is notarization always required?

Many courts require a notarized affidavit or a notary acknowledgement; some states permit Remote Online Notarization (RON) under state rules. Confirm local court and state notary requirements before filing.

What supporting documents should be attached?

Attach search reports, certified mail receipts, publisher information, and any records showing last-known addresses. Lack of documentary support is the most common reason for denial.

Who may sign the affidavit?

The affiant must have personal knowledge of the search activities (process server, investigator, or attorney). The affiant signs under oath and must be properly identified in the notary block.

What if publication fails to locate the party?

If publication does not produce a response, the court’s order and proof of publication typically support entry of default or other relief; however, later challenges are possible if publication procedures were inadequate.

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Affidavit in Support of Order for Publication

Affidavit in Support of Order for Publication

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Affidavit in Support of Order for Publication and Order for Publication (Minor Name Change) (Minn. Stat. § 259.10, subd. 1)

State of Minnesota

County

District Court

Judicial District:

Court File Number:

Case Type:

In the Matter of the Application of:

On Behalf of:

For a Change of Name to:

The undersigned applicant has sworn/affirmed on oath and states that:

1. I have filed an Application for Name Change in County District Court for a change of name for
the minor child (ren) from to

2a. A Notice of Hearing and copy of the Application for Name Change was mailed to the non-applicant parent at his/her last known address and was returned.

2b. An attempt at personal service of the Notice of Hearing and Application for Name Change was unsuccessful.

2c. I do not know the address of the non-applicant parent.

3. The last known location of the non-applicant parent was:

4. The last known location of the non-applicant parent's employment was:

5. The names and addresses of the non-applicant parent's parents, brothers or sisters, children, and other close relatives are:

6. I have made the following efforts to get the non-applicant parent's address from these persons:

Therefore, I request that the Court allow publication of the Notice of Hearing. I further request that the Court set a new hearing date, if necessary.

Sworn/affirmed before me

Date:

Deputy Court Administrator/Notary Public

Applicant

Order for Publication

Based on the above Affidavit, IT IS ORDERED:

1. Notice shall be given by publication once a week for three consecutive weeks in the legal newspaper of the county of the other parent's last known address.

2. The date and time of the Hearing on the Application for Name Change is at .m. at the following address:

3. Applicant's request for publication is denied.

Dated:

Judge of District Court

NAM207 State ENG Rev 4/05

www.courts.state.mn.us/forms

Page 1 of 1

What the Affidavit in Support of Order for Publication Is

An Affidavit in Support of Order for Publication is a sworn statement submitted to a court that documents attempts to locate a person or entity and requests permission to serve process by publication when personal service cannot be completed. It typically summarizes search efforts, lists addresses checked, explains why other service methods failed, and asks the court to authorize public notice in a designated newspaper or other approved medium. Courts rely on this affidavit to find the service attempted was diligent and that publication is reasonably calculated to inform the absent party of the proceeding.

Why this Affidavit Matters for Court-Ordered Publication

The affidavit documents good-faith attempts to locate a respondent and creates the factual record the court needs to authorize substituted service by publication. Properly drafted, it reduces delays, helps satisfy due-process requirements, and supports enforcement of the court’s jurisdiction over absent parties.

Who Typically Prepares and Files This Affidavit

This affidavit is most often prepared by plaintiffs, process servers, or attorneys when personal service is impracticable.

Plaintiff or plaintiff’s counsel preparing a service-default filing after diligent search efforts.
Professional process servers documenting search methods and results for judicial review.
Court clerks or paralegals assembling the supporting record for a publication order request.

The party seeking relief must ensure the affidavit is accurate, sworn, and filed according to local court rules and statute.

Step-by-Step: Preparing and Filing the Affidavit

Follow these steps to build a complete record before asking the court to allow service by publication.

01

Draft Affidavit: Describe search efforts and facts supporting publication.
02

Collect Evidence: Attach search reports, certified mail receipts, and address checks.
03

Notarize Affidavit: Sign before a notary or follow RON rules if allowed.
04

File with Court: Submit affidavit and proposed order for publication to the clerk.

How the Publication Process Typically Proceeds

A standard workflow moves from search to court authorization and finally to publication and proof of publication.

Search & Service Attempts: Make documented good-faith attempts at known addresses.
Affidavit Submission: File affidavit and proposed order for publication.
Court Authorizes Publication: Judge issues an order specifying publication medium and duration.
Proof of Publication: Publisher files affidavit of publication and return to the court.

Setting Up an eSubmission and Publication Workflow

Map the digital steps so filings, notarization, and publisher communications are coordinated and auditable.

Task	Responsible \| Typical Action
Search Report	Investigator \| Upload PDF of skip trace and records
Affidavit Draft	Attorney \| Prepare and convert to court-ready PDF
Notarization	Notary or RON \| Execute acknowledgement per state law
Publication Proof	Publisher \| Provide affidavit of publication PDF

Digital Signatures and eFiling Considerations

Ensure the platform you use supports required authentication, audit trails, and the court’s e-filing format preferences.

Authentication: Email or SMS OTP verification
Audit Trail: IP, timestamp, and signer actions
File Formats: PDF/A preferred for court submissions

Confirm the court accepts electronic filings and whether an original notarized paper must still be delivered; local rules vary.

Key Elements a Strong Affidavit Should Include

A complete affidavit presents facts clearly, links to supporting evidence, and uses court-approved language to demonstrate due diligence.

Introductory Caption

Court caption and case number placed at the top to identify jurisdiction and pleadings associated with the publication request in the docket.

Affiant Statement

Affiant identifies themselves, states they are competent to testify, and explains the basis for personal knowledge of the search activities recited below.

Detailed Search Log

A chronological record of addresses, dates, search methods (DMV, mail, interviews), and results that collectively establish efforts to locate the respondent.

Good-Faith Rationale

Clear explanation why other service methods failed and why publication is reasonably calculated to give notice to the absent party.

Publication Plan

Specify the proposed publication medium, frequency, run dates, and geographic circulation demonstrating reasonable likelihood of notice.

Attachments and Exhibits

Attach supporting materials such as certified mail notices, return receipts, search reports, and publisher affidavits to corroborate the affidavit’s claims.

Data and Security Items to Include with Digital Filings

Audit Trail: IP and timestamp record

Encryption: TLS in transit, AES-256 at rest

Access Controls: Role-based permissions

Notary Evidence: A/V record or journal entry

File Integrity: Tamper-evident PDF signatures

Retention Note: Secure archival with versioning

Common Preparation Pitfalls to Avoid

Insufficient detail about search methods or vague statements that do not show dates, locations, or specific actions taken during the search process.
Mismatched names, aliases, or address formats between the affidavit and supporting documents that create ambiguity about the person sought.
Failure to attach or reference substantiating materials such as certified mail receipts, skip-trace reports, or publisher confirmations.
Omitting jurisdictional language or failing to follow the court’s local format and notarization rules, which can result in rejection or delay.

Consequences of an Incorrect or Incomplete Affidavit

Case Delay: Filing rejected or continued

Service Invalidated: Publication order voided

Judgment Risk: Default judgment subject to challenge

Costs Exposure: Possible fee awards against filer

Ethics Concern: Misstatements risk professional discipline

Evidence Lost: Missing attachments weaken proof

Timing: Typical Deadlines and Publication Schedules

Timelines vary by court; include the schedule the judge ordered and track publisher run dates and proof submissions carefully.

Court Filing:

File affidavit concurrently with motion for publication

Publication Runs:

Often weekly for 3–4 consecutive weeks

Proof Deadline:

Publisher affidavit due after final run

Service Window:

Court may set specific service period

Appeal Timing:

Count post-judgment deadlines from proof date

Milestone Timeline from Search to Proof of Publication

Key milestones show the typical sequential stages from initial search through filing, publication, and proof of service.

01

Search Completed

Document and timestamp all service attempts and sources checked.

02

Affidavit Filed

Submit affidavit and proposed order for publication to the court.

03

Judge Issues Order

Court authorizes publication specifying duration and medium.

04

Publish and File Proof

Publisher runs notice, then files affidavit of publication with the court.

eSignature Pricing Comparison for Filing and Notarizing Court Documents

Typical vendor choices differ by price, bulk-send capability, and compliance features relevant to notarization and court filing workflows.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Real-World Examples of Publication Affidavit Use

These condensed examples show typical scenarios where courts grant publication-based service.

Foreclosure Proceeding

A lender could not locate the borrower after multiple address checks and certified mail attempts

process server documented five address checks covering 90 days
Court authorized three weekly newspaper runs; publisher filed an affidavit of publication used to enter default judgment.

Divorce with Missing Respondent

Petitioner attempted personal service and employed skip tracing without success

investigator produced DMV and employment checks showing no reliable address
Court permitted service by publication after affidavit established diligent effort and named publication medium.

Frequently Asked Questions About the Affidavit in Support of Order for Publication

Answers to common procedural and technical questions to help avoid rejections or delays when seeking publication-based service.

Need help? Contact support

What is the affidavit’s purpose?
It demonstrates to the court that reasonable and diligent efforts were made to locate the party and explains why publication is necessary. The factual record allows the judge to find service by publication satisfies due process in the case circumstances.
Can the affidavit be signed electronically?
Yes, in most jurisdictions electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the platform meets authentication and retention requirements and the court accepts e-filed notarized records.
Is notarization always required?
Many courts require a notarized affidavit or a notary acknowledgement; some states permit Remote Online Notarization (RON) under state rules. Confirm local court and state notary requirements before filing.
What supporting documents should be attached?
Attach search reports, certified mail receipts, publisher information, and any records showing last-known addresses. Lack of documentary support is the most common reason for denial.
Who may sign the affidavit?
The affiant must have personal knowledge of the search activities (process server, investigator, or attorney). The affiant signs under oath and must be properly identified in the notary block.
What if publication fails to locate the party?
If publication does not produce a response, the court’s order and proof of publication typically support entry of default or other relief; however, later challenges are possible if publication procedures were inadequate.

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