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Where a defendant's whereabouts are unknown, the Court may permit service by publication, usually in a newspaper.
Another method of substituted service is "service by publication".
Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without leaving a forwarding address.
Service by publication usually involves placing the petition for divorce and the summons to a missing spouse in a local newspaper.
Constructive notice includes, among other methods, service on an agent or family member, service by posting (on the front door), and service by publication (as in a newspaper).
In exceptional cases, other forms of service may be authorized by procedural rules or court order, including service by publication when an individual cannot be located in a particular jurisdiction.
In the case of defendant Thomas Hendrix service by publication was had by publication of the summons in a Las Vegas newspaper and by mailing a copy of the summons and complaint to his last post office address.
Service by publication is used to give "constructive notice" to a defendant who is intentionally absent, in hiding, or unknown (as a possible descendant of a former landowner), and only when allowed by a judge's order based on a sworn declaration of the inability to find the defendant after "due diligence" (trying hard).
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