Motion Court District With Alternative Service
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How to fill out Motion For Change Of Venue - Incorrect Court District?
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FAQ
The summons has an expiration date. If the summons is not served on the defendant before it expires, return the summons to the court. If your attempt at service is not successful, you may try again. Return to the courthouse and file a ?Request for Renewal of Writ of Summons.? This is form DC-CV 10.
A successful motion for alternative service requires three (3) elements: (1) an unsuccessful attempt to properly serve the defendant; (2) a good faith effort to locate the defendant; and, (3) a method of alternative service that is reasonably calculated to give actual notice to the defendant.
Employment programs or activities generally considered to be appropriate for Alternative Service work include: Health care services, including but not limited to hospitals, nursing homes, extended care facilities, clinics, mental health programs, hospices, community outreach programs, and hotlines.
This alternative service Order opens the door to performing substitute service or posting of the documents. Filing a motion for alternative service (or a 106/501*) is a process always initiated by ABC Legal and depending on the court can take quite some time.
You may use the Motion for Alternate Service only if you have not been able to find the opposing party in order to serve them with the complaint or petition and the Writ of Summons from the Court. This type of service will slow down your case.