Legal Publication Praecipe

LEGAL PUBLICATION PRAECIPE

IN THE FOR THE COUNTY OF , STATE OF .

Case No.:     Plaintiff:     Defendant:

RECITALS

WHEREAS, Movant, , has filed a complaint, petition, or other initiating document in the above-captioned action and seeks service by publication upon the Respondent identified above; and

WHEREAS, despite diligent efforts to effect personal service at known and reasonably discoverable locations, Movant has been unable to obtain valid service upon Respondent as set forth in the accompanying certification of due diligence; and

WHEREAS, publication in a newspaper of general circulation is authorized under the applicable rules of civil procedure and statutes as appropriate notice to Respondent and is reasonably calculated to provide actual notice under the circumstances.

NOW, THEREFORE, Movant respectfully submits this Praecipe for Publication and requests that the Clerk arrange for publication of the notice described below and that the Court and all parties be served by publication as provided herein.

1. REQUEST FOR PUBLICATION

Movant requests that the Clerk of Court cause the following notice to be published in the newspaper named below for the number of insertions and frequency specified, said publication to commence on or about and to continue through or for a minimum of consecutive week(s), with insertion(s) per week, in the following publication:

2. CONTENT OF NOTICE

The notice to be published succinctly identifies the action, the court, the case number, the name of the party to be served, and the relief sought, and advises Respondent that a judgment or other relief may be entered against Respondent if Respondent fails to appear and defend within the time prescribed by law.

3. CERTIFICATION OF DUE DILIGENCE

Movant certifies that Movant has exercised due diligence to ascertain the residence or whereabouts of Respondent and has employed the following efforts to effect personal service prior to seeking service by publication:

Movant further certifies that the last known address for Respondent is: and that additional reasonable inquiry has not produced a more current address.

4. AFFIDAVIT OF PUBLICATION

Movant requests that, upon completion of the ordered publication, the publisher file or cause to be filed with the Clerk an affidavit or certificate of publication, executed by a responsible officer of the publication, verifying the dates and manner of publication, which Movant will cause to be filed with the Court to complete service by publication.

5. FEES, COSTS, AND PAYMENT

Movant agrees to pay all publication costs assessed by the newspaper. Estimated cost of publication is: $. Payment shall be made to the publication upon invoicing, or as otherwise directed by the Clerk.

6. INSTRUCTIONS TO CLERK

The Clerk is requested to transmit the notice text and publication instructions to the named publication, to approve the form of notice for publication, and to accept the affidavit of publication when filed by the publisher in satisfaction of service by publication requirements of the rules and statutes applicable to this action.

7. GOVERNING LAW

This Praecipe and any resulting publication and proof thereof shall be governed by and construed in accordance with the laws and procedure of the State of without regard to principles of conflicts of law.

8. ENTIRE AGREEMENT

This Praecipe constitutes the entire instruction and agreement between Movant and the Clerk with respect to publication in this matter and supersedes any prior oral or written communications concerning the subject matter herein.

9. SEVERABILITY

If any provision of this Praecipe is found to be invalid or unenforceable, the remainder of the Praecipe shall remain in full force and effect and shall be interpreted so as to effectuate the intent of the parties to the maximum extent permitted by law.

10. NOTICES

All notices required or permitted under this Praecipe shall be in writing and delivered to the addresses set forth below:

11. AMENDMENT; WAIVER; COUNTERPARTS

This Praecipe may be amended or supplemented only by a written instrument signed by Movant and, where required, by the Clerk. No waiver by any party of any provision of this Praecipe shall be effective unless in writing. This Praecipe may be executed in counterparts, each of which shall be deemed an original.

CERTIFICATION

I declare under penalty of perjury under the laws of the State of that the foregoing is true and correct to the best of my knowledge, information, and belief.

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