District of Columbia Statutes
§ 13-338 — Prerequisites for order of publication.
District of Columbia § 13-338
JurisdictionDistrict of Columbia
Title 13Procedure Generally. [Enacted title]
Ch. 3Process and Parties.
Subch. IIService of Process; Legal Representatives.
This text of District of Columbia § 13-338 (Prerequisites for order of publication.) is published on Counsel Stack Legal Research, covering District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
D.C. Code § 13-338 (2026).
Text
An order for the substitution of publication for personal service may not be made until:
(1)A summons for the defendant has been issued and returned "not to be found"; and
(2)The plaintiff proves by affidavit to the satisfaction of the court:
(A)The nonresidence of the defendant or his or her absence for at least 6 months; or
(B)Diligent efforts to find the defendant or that the defendant seeks to avoid service of process by concealment.
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Related
Cruz v. Sarmiento
737 A.2d 1021 (District of Columbia Court of Appeals, 1999)
Legislative History
Dec. 23, 1963, 77 Stat. 514, Pub. L. 88-241, § 1
Nearby Sections
15
§ 13-101
Prescription of rules by courts.§ 13-301
Courts to which applicable.§ 13-302
Service by marshal.§ 13-302.01
Service by Metropolitan Police Department.§ 13-303
Service or execution on Sunday.§ 13-333
Service on incompetent persons.§ 13-334
Service on foreign corporations.§ 13-339
Form of order of publication.Cite This Page — Counsel Stack
Bluebook (online)
District of Columbia § 13-338, Counsel Stack Legal Research, https://law.counselstack.com/statute/dc/13-338.