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Order For Publication Or Posting Of Summons FM-1023 - California

Order For Publication Or Posting Of Summons Form. This is a California form and can be used in Family Law Santa Clara Local County .
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ATTACHMENT FM-1023 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name and Address): TELEPHONE NUMBER: FOR COURT USE ONLY FAX NUMBER: ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: APJ: DEPT: CASE NUMBER: ORDER FOR PUBLICATION OR POSTING Publication Granted: The Court finds that the Respondent cannot be served in any other manner specified in the California Code of Civil Procedure. The Court orders that the Summons and Petition be served by publication in the newspaper listed below. Publication must occur at least once a week for four successive weeks. Posting Granted: The Court finds that the Respondent cannot be served in any other manner specified in the California Code of Civil Procedure and that the Petitioner cannot afford to serve by Publication. The Court orders that the Summons and Petition be served by posting at the location listed below. Posting must occur for at least 30 days. Publishing Denied: The Court denies the request to publish. Other methods of service are possible Insufficient attempts to locate the Respondent. Posting Denied: The Court denies the request to post. Other methods of service are possible. Insufficient attempts to locate the Respondent. Hearing Required: The Court orders that a hearing be set to determine the Petitioner's financial circumstances. If at this hearing the Court decides that the Petitioner does not qualify for Posting, based on financial circumstances, then the Court may order that the Summons and Petition be served by Publication. The Petitioner should appear in Court at: 170 Park Avenue, San Jose, CA 95113 301 Diana Avenue, Morgan Hill, CA 95037 Date: Time: Dept: 605 W. El Camino Real, Sunnyvale, CA 94087 If during the time of Publication or Posting you locate the Respondent's address you must have someone 18 years or older mail the Summons, Petition and Order for Publication to the Respondent. The server must complete and file with the Court a Proof of Service of Mail, FL-335. Date: Judicial Officer FM-1023 REV 1/01/10 ORDER FOR PUBLICATION OR POSTING OF SUMMONS (FAMILY/UNIFORM PARENTAGE/PETITION FOR CUSTODY AND SUPPORT OF MINOR CHILDREN) Page 1 of 2 Code of Civil Procedure §415.50 American LegalNet, Inc. www.FormsWorkFlow.com ATTACHMENT FM-1023 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: INSTRUCTIONS Publication: After publication is complete, the newspaper will send you a receipt and copy of the publication notice that appeared in the newspaper. You must take this receipt and publication notice and attach it to a Proof of Service Summons, Form FL-115. The Proof of Service Summons must be filed with the Clerk's Office at 170 Park Avenue, San Jose, CA; 301 Diana Avenue, Morgan Hill, CA 95037 or at 605 W. El Camino Real, Sunnyvale, CA. If the newspaper sends the receipt and publication notice directly to the Court, you do not have to complete the Proof of Service Summons FL-115. Service by publication is complete, and the 30-day response period starts to run, on the 28th day following the first day of publication in the newspaper starts. Posting: You must have someone 18 years or older post a copy of the Summons and Petition in the place that is designated for posting in the above approved location. This same person must mail a copy to the Respondent at their last known address. The person who posts and mails must complete Verification of Posting of Summons form FM-1024, stating the date, time and location of the posting and mail service. This form must be attached to the Proof of Service of Summons, FL-115. The Proof of Service of Summons, Form FL-115, must be filed with the Clerk's Office at 170 Park Avenue, San Jose, CA; 301 Diana Avenue, Morgan Hill, CA 95037 or at 605 W. El Camino Real, Sunnyvale, CA, or at. Service by publication is complete, and the 30-day response period starts to run on the 31st day after posting. You may apply to finish your case, through the default process, on the 61st day after posting starts. FM-1023 REV 1/01/10 ORDER FOR PUBLICATION OR POSTING OF SUMMONS (FAMILY/UNIFORM PARENTAGE/PETITION FOR CUSTODY AND SUPPORT OF MINOR CHILDREN) Page 2 of 2 Code of Civil Procedure §415.50 American LegalNet, Inc. www.FormsWorkFlow.com
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