California

Family Law

Family Law

Rule 5.72 – Court order for service by publication or posting when respondent’s address is unknown

If the respondent cannot be found to be served a summons by any method described in Code of Civil Procedure sections 415.10 through 415.40, the petitioner may request an order for service of the summons by publication or posting under Code of Civil Procedure sections 415.50 and 413.30, respectively.

(a) Service of summons by publication or posting; forms

To request service of summons by publication or posting, the petitioner must complete and submit to the court Application for Order for Publication or Posting (form FL-980) and Order for Publication or Posting (form FL-982). Alternatively, petitioner may complete and submit to the court pleadings containing the same information as forms FL-980 and FL-982. The petitioner must list all the reasonable diligent efforts that have been made to find and serve the respondent.

(b) Service of summons by posting; additional requirements

Service of summons by posting may be ordered only if the court finds that the petitioner is eligible for a waiver of court fees and costs.

(1) To request service by posting, the petitioner must have obtained an order waiving court fees and costs. If the petitioner’s financial situation has improved since obtaining the approved order on court fee waiver, the petitioner must file a Notice to Court of Improved Financial Situation or Settlement (form FW-010). If the court finds that the petitioner no longer qualifies for a fee waiver, the court may order service by publication of the documents.
(2)Proof of Service by Posting (form FL-985) (or a pleading containing the same information as form FL-985) must be completed by the person who posted the documents and then filed with the court once posting is completed.

(Subd (b) amended effective January 1, 2014.)

Cal. R. Ct. 5.72

Rule 5.72 amended effective January 1, 2014; adopted effective January 1, 2013.