District Court Civil Rule 1.004

MOTION FOR SERVICE BY PUBLICATION

4-209

[District Court Civil Rule 1-004]

STATE OF NEW MEXICO

COUNTY OF JUDICIAL DISTRICT

v.

Defendant

MOTION FOR SERVICE¹
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.

STATE OF NEW MEXICO )

COUNTY OF ) ss

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

(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).]

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

Subscribed and sworn to before me
this day of .

Judge, notary or other officer

authorized to administer oaths

Official title

USE NOTE

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

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