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Simple English definitions for legal terms
service by publication
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A quick definition of service by publication:
Service by publication: When someone is being sued but cannot be found, the court may allow the lawsuit documents to be published in a newspaper or advertisement so that the person can be notified. This is a last resort and only used when other methods of delivery have failed. It is important to have a good reason for using service by publication. For example, it may be used in a divorce case when one spouse has disappeared without leaving a forwarding address.
A more thorough explanation:
Service by publication is a way to give notice of a lawsuit to someone who cannot be found or is intentionally avoiding being served. This is done by publishing the legal documents in a newspaper or other publication that is widely circulated.
For example, if someone is trying to sue a person who has disappeared without leaving a forwarding address, they may use service by publication to give them notice of the lawsuit. Another example is in a divorce case where one spouse cannot be located.
However, courts are very cautious about allowing service by publication and will usually require evidence that the defendant cannot be served by other means. This is to ensure that the defendant's right to due process is protected.
Overall, service by publication is a last resort when all other methods of serving legal documents have failed.