English

Motion for Substituted Service

MO-shun fuhr sub-stih-TOO-ted SIR-vis
A legal motion filed in court asking the judge for permission to serve a legal document on a party by an alternative method, such as leaving it with a family member or publishing it in a newspaper, when traditional service methods are impractical.
The plaintiff filed a motion for substituted service because the defendant could not be located at their last known address.
Mullane v. Central Hanover Bank & Trust Co. (1950) - The Supreme Court established due process requirements for substituted service.
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Frequently Asked Questions

What are the requirements for using substituted service?

The specific requirements will vary depending on the jurisdiction. However, the moving party typically needs to show that they have made a good faith effort to serve the defendant using traditional methods.

What are some alternative methods of service that may be approved by the court?

Common alternative methods include leaving the document with a family member, posting it on the defendant's door, or publishing it in a newspaper.

How does a motion for substituted service help ensure due process?

Substituted service allows the court to notify the defendant of the lawsuit even if they cannot be located using traditional methods. This helps to ensure that the defendant has an opportunity to be heard before a judgment is entered against them.

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