Legal Dictionary

Motion for Substituted Service

A motion for substituted service is a formal request made to the court by a party in a legal case, seeking permission to serve legal documents on the opposing party through an alternative method when traditional methods of service are not feasible or have been unsuccessful. This motion is typically filed when the party seeking service has made diligent efforts to serve the opposing party but has been unable to do so.

Frequently Asked Questions

What are some examples of alternative methods of service that can be requested in a motion for substituted service?

The most common alternative methods of service that can be requested in a motion for substituted service include service by mail, service by publication in a newspaper, or service by email. However, the specific alternative method requested will depend on the circumstances of the case and the rules of the jurisdiction.

What factors does the court consider when deciding whether to grant a motion for substituted service?

When deciding whether to grant a motion for substituted service, the court will consider factors such as the efforts made by the party seeking service to locate and serve the opposing party, the likelihood that the alternative method of service will reach the opposing party, and whether the alternative method of service is reasonably calculated to provide notice to the opposing party. The court will also consider any objections raised by the opposing party regarding the proposed alternative method of service.
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