Order For Service Of Process By Publication In Newspaper (Guardianship Proceedings) {4-209B}

CIVIL FORM Supre me Court Approved RULE 4-209B July 2, 2003 [ NEW MATERIAL] 1 4-209B 2 [District Court Civil Rule 1-004] 3 STATE OF NEW MEXICO 4 COUNTY OF ___________ 5 ___________________ JUDICIAL DISTRICT 6 7 _____________________________, Plaintiff 8 9 v. No. _____ ______ _ 10 11 _____________________________, Defendant 12 13 ORDER FOR SERVICE OF PROCESS 14 BY PUBLICATION IN A NEWSPAPER 1 15 (guardianship proceedings) 16 17 Petitioner has filed a motion requesting that the court 18 approve service of process upon _______________________ (name 19 of each person to be served) by publication in a newspaper of 20 general circulation. 21 22 The court finds that the petitioner has made diligent 23 efforts to make personal service, but has not been able to 24 complete service of process. The last kno wn address of 25 ________________________ (name of person to b e ser ved) is 26 ____________________________________. 27 28 The court further finds that the newspaper of general 29 circulation in this county is ________________ __ (n ame of 30 newspaper) [and that this newspaper is most likely to give the 2 31 defendant notice of the pendency of the action] [and in th e32 county of _____________, State of _______________, a newspaper 33 most likely to give notice of the pendency of this proceeding 34 to the person to be served is: _______________________________ 35 ( name of newspaper) ]. 36 37 THEREFORE, IT IS HEREBY ORDERED that the petitioner serve 38 process on ____________ by publication once a week for three 39 consecutive weeks in the ___________________________ 40 (newspaper) [and on e a week for three consecutive weeks in 1 41 ________________ (newspaper) in ____________ (county) ] . The 42 [plaintiff] [petitioner] shall file a proof of service with a43 copy of the affidavit of publ ica tion when service has been 44 completed. 45 46 The notice shall include a st atem ent that the action 47 involves the guardianship of ___________________ (name of 48 child) , born ___________________ (date) to ________________ <<<<<<<<<********>>>>>>>>>>>>> 2 CIVIL FORM Supre me Court Approved RULE 4-209B July 2, 2003 [ NEW MATERIAL] 1 (mothers name) . 2 3 Dated this ____ day of _______________, ______. 4 5 _________________________ 6 District Judge 7 8 USE NOTE 9 10 1. This form is used in guardianship proceedings. 11 12 2. Use applicable alternative. Unless the newspaper 13 of general circulation in the count y where the14 action is pending is most likely to give notice of 15 the p endenc y of the action to the person to be 16 served, the notice must also be published in a 17 newspaper of general circulation in the county 18 where the person to be served is most likely to get 19 notice. 20 21 [Provisionally approved, effective August 15, 2003 until 22 August 31, 2004.] 23 2