District of Columbia Statutes
§ 13-338 — Prerequisites for order of publication.
District of Columbia·Title 13 Procedure Generally. [Enacted title]·Ch. 3 Process and Parties.·Subch. II Service of Process; Legal Representatives.
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.