Fill and Sign the Mn Service Publication Form

STATE OF MINNESOTA DISTRICT COURT COUNTY OF             JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No.             , Petitioner, EX PARTE MOTION TO REQUEST SERVICE and BY PUBLICATION       , Respondent, TO: CLERK OF THE ABOVE-NAMED COURT, AND Name_____ , RESPONDENT ABOVE-NAMED. YOU WILL PLEASE TAKE NOTICE that the Petitioner, Name_____ , by and through the undersigned counsel, moves the Court pursuant to Minn. Stat. §518.11 and Rule 4.04 of the Minnesota Rules of Civil Procedure for an Order as follows: 1. Directing service by publication of the Summons in the post-decree matter of visitation and child support in the Dissolution of the Marriage of the Petitioner and Respondent above-named. 2. For such other and further relief as the Court deems just and equitable. Said Motion is made upon the attached affidavit and upon all of the laws of the State of Minnesota and upon such other and further grounds as the Court may deem just and equitable. DATED: ___________________ Law Firm _______________________________ Attorney's Name Attorney for Petitioner/Respondent Address Address City , ST ZipCode Telephone: Telephone No. Attorney Reg. No.: _________ STATE OF MINNESOTA DISTRICT COURT COUNTY OF             JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No.             , Petitioner, AFFIDAVIT OF COUNSEL AND       , Respondent, I, Attorney's Name , first being duly sworn upon oath, depose and state as follows: 1. I am an attorney duly licensed to practice law in the State of Minnesota. I represent the Petitioner herein and I make this affidavit in support of Petitioner's motion seeking the Court's Order to serve Respondent by Publication. 2. The following unsuccessful attempts have been made to serve the Respondent with Petitioner's Notice of Motion and Motion, Order to Show Cause and Temporary Restraining Order and Affidavits. A) Respondent's alleged place of employment, _______________ in _________ ,       . Affidavit of process server, _________ , attached. B) Respondent's prior residence, _______________ , _________ ,       . Affidavit of process server, _________ , attached. C) Respondent's last known address, _______________ . Affidavit of process server, _________ , attached. It is clear that Respondent is attempting to avoid service and conceal his whereabouts from the Petitioner. 3. The Respondent does not reside in the State of Minnesota. The Respondent's present address and place of residence is not known to your affiant or to the Petitioner herein. Petitioner has made unsuccessful attempts to obtain Respondent's address through relatives, the services of a search firm, _________ , and _________ . It is believed that the Respondent resides in the State of       but that Respondent cannot be found therein. 4. It is the belief of your affiant that further efforts to personally serve the Respondent will be fruitless. Therefore, your affiant asks the Court to order service by publication. FURTHER YOUR AFFIANT SAITH NAUGHT. DATED: __________________ _______________________________ Attorney's Name Attorney for Petitioner STATE OF MINNESOTA DISTRICT COURT COUNTY OF             JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No.             , Petitioner, ORDER TO SHOW CAUSE AND AND TEMPORARY RESTRAINING ORDER       , Respondent, THE STATE OF MINNESOTA TO THE ABOVE-NAMED RESPONDENT, Name_____ : YOU ARE HEREBY SUMMONED AND ORDERED TO PERSONALLY APPEAR AND SHOW CAUSE, if any you have, before a Referee of the above-named Court, at the _________ County Government Center/Courthouse , located at Address , City , ST ZipCode on the Day DAY OF Month , Year , at [Time] [a./p.] .m. of said day or as soon thereafter as counsel may be heard, why the Court should not grant to the Petitioner the relief prayed for in Petitioner's Notice of Motion and Motion. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Petitioner's Notice of Motion and Motion. This is a post-decree action involving issues of visitation and child support for the parties' minor child. IT IS FURTHER ORDERED that you file with the Court and serve upon Petitioner's attorney copies of your       and       income tax returns and your paystubs or other evidence of income from your employer for one (1) month prior to the date of the hearing on this matter. IT IS FURTHER ORDERED that the parties are hereby restrained and enjoined from harassing, vilifying, mistreating, molesting, disturbing the peace or restraining the liberty of the other party in any manner whatsoever during the pendency of this action, either in or out of the home, either in person or by agent or by telephone, and YOU ARE HEREBY ADVISED that violation of this provision of this Order is a MISDEMEANOR under the provisions of Minn. Stat. § 518.131, subd. 10. YOU ARE ADVISED that all responsive pleadings shall be served and filed not later than five (5) days prior to the scheduled hearing, inclusive of intervening Saturdays, Sundays and legal holidays. That the Court may, in its discretion, take any of the following actions if you fail to serve responsive pleadings within the time set out herein: The Court may deem the initial motion or motion raising new issues unopposed and may issue an order without hearing; the Court may refuse to permit oral argument by the party not filing the required documents; the Court may consider the matter unopposed and allow reasonable attorney fees or may take other appropriate action. That a copy of this Order be served BY PUBLICATION upon Respondent, Name_____ . Dated: __________________ BY THE COURT: ________________________________ Judge of District Court       Judicial District STATE OF MINNESOTA DISTRICT COURT COUNTY OF             JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No.             , Petitioner, ORDER DIRECTING SERVICE BY PUBLICATION AND       , Respondent, The above-matter was heard on Petitioner's ExParte Motion to Request Service By Publication. Upon all of the files and records herein and upon the Affidavit of Counsel for Petitioner and others, the Court makes the follow ing: FINDINGS OF FACT Petitioner has made reasonable attempts to serve Respondent. Said attempts have not been successful. It is unlikely that further attempts to serve Respondent personally will be successful. ORDER 1. Petitioner is hereby directed to effect service upon Respon dent by publication pursuant to Minnesota Rules of Civil Procedure Rules 4.04 and 5.01. 2. Service shall be effected by publishing the Order to Show Cause herein for three weeks. Dated: __________________ BY THE COURT: ________________________________ Judge of District Court       Judicial District SERVICE BY PUBLICATION In family law cases, service by publication must be ordered by the Court. So, you need: 1. A Motion 2. Affidavit by either the attorney or the Petitioner setting out facts that permit service by publication such as unsuccessful attempts to serve a party who is avoiding service within the state or any of the reasons set out in MS§ 518.11 (Service By Publication) and Rule 4.04 and 4.041 of the Minnesota Rules of Civil Procedure. Also, state that the affiant believes that the party to be served is not a resident of the state or that the affiant believes the party to be served cannot be found therein and that the affiant has mailed a copy of the Summons to the party's residence or that the place of residence is not known to the affiant. If the residence is known, it is sometimes a good idea to mail out both the Summons and Petition. 3. Attach a copy of the Summons that you wish to serve by publication. A summons to be served by publication must include the description of any real property involved and a statement of the object of the action i.e. Dissolution of Marriage, Resolution of all issues of real and personal property, child custody, child support and maintenance. 4. The summons may be served by three weeks published notice. Service is deemed complete 21 days after the first publication. 5. Publication in any major local newspaper will do. Timing requirements: Publish for 21 days Ten days for opposing party's response Five days for our response Ten days for opposing party's response (Total of 46 days )