Manner of publication; mailing of copy; default; appointment and compensation of guardian and attorney

§ 13–340. Manner of publication; mailing of copy; default; appointment and compensation of guardian and attorney (a) An order of publication shall be published at least once a week for three successive weeks, or oftener, or for such further time as the court orders. (b) An order, judgment or decree may not be entered against an absent or nonresident defendant upon proof of notice by publication, unless the plaintiff, his agent, or attorney files in the action an affidavit showing that at least twenty days before applying for the order, judgment or decree he mailed, postpaid, a copy of the advertisement, directed to the party therein ordered to appear, at his last known place of residence, or that after diligent effort he has been unable to ascertain the last place of residence of the party. (c) On failure of the defendant to appear in obedience to the notice within the time stated therein, a judgment or decree by default may be entered. (d) If the absent or nonresident defendant is an infant, the provisions of the rules of court concerning guardians ad litem and default judgments shall apply, and the court may assign counsel to represent the infant in the manner provided by subsection (a) of section 13–332. (e) If the absent or nonresident defendant is non compos mentis, the provisions of the rules of court concerning guardians ad litem and default judgments shall apply, and the court shall assign an attorney to represent the defendant, whose compensation shall be paid by the plaintiff, or out of the estate of the defendant, at the discretion of the court.