Form 4-209. Motion for service by publication.

[For use with District Court Civil Rule 1-004 NMRA] STATE OF NEW MEXICO COUNTY OF ___________________________ ___________________ JUDICIAL DISTRICT _____________________________________, Plaintiff v. No. ____________ _____________________________________, Defendant MOTION FOR SERVICE BY PUBLICATION _____________________________, the plaintiff states that after diligent inquiry and search efforts, plaintiff has been unable to serve process on the above-named defendant personally and the following diligent efforts were made to locate and serve the above-named defendant personally with a summons and complaint: (Check each method of service attempted and complete applicable blank spaces.) [ ] personal service; [ ] service at the defendant's last known residential address by ____________________ (name of person attempting service); [ ] service by mail or courier service pursuant to Paragraph F of Rule 1-004 NMRA; [ ] service at the defendant's last known business address; [ ] service at the address listed at the motor vehicle division for the defendant's driver's license; [ ] service at the address listed in the last telephone directory listing for the following city or county: ________________________ (list cities and counties); [ ] a search of the records of the following courts ___________________________ (list courts); [ ] _________________________________ (describe other attempts to locate defendant); [ ] contacted the post office for the zip code of the last known address of the defendant and there was no forwarding address; [ ] _________________________________ (describe other attempts to locate and serve the defendant). I state upon my oath or affirmation that this document and the statements in it are true and correct to the best of my information and belief. Date:_________________________ _________________________________ Signature of plaintiff STATE OF NEW MEXICO ) ) ss COUNTY OF____________ ) Signed and sworn to before me this ___________________ day of __________________, __________. _____________________________________________ Notary CERTIFICATE OF SERVICE I hereby certify that on this ______ day of _______________, _______ this motion was [mailed by United States mail, postage prepaid, and addressed to: Name: __________________________________________________________________ Address: __________________________________________________________________ __________________________________________________________________ City, state and zip code: _________________________________________________________] [faxed by ________________________ (name of person who faxed) to _________________ (defendant or defendant's attorney). The transmission was reported as complete and without error. The time and date of the transmission was _________ (a.m.) (p.m.) on _________________________ (date).] [e-mailed by _________________________ (name of person who transmitted) to ___________________ at ____________________ (electronic address of recipient) who agreed to service in this manner. The transmission was successful. The time and date of the transmission was ________________ (a.m.) (p.m.) on _____________________ (date).] ________________________________________ Signature of attorney ________________________________________ Date of signature If this motion was served by a person other than an attorney, the following must also be completed and filed with the court: AFFIDAVIT OF SERVICE I declare under penalty of perjury that a copy of this motion was served by [mail] [fax] [electronic transmission] as described above on this ______ day of _____________________, ____________. _____________________________________________ Signature of person who made service Subscribed and sworn to before me this ______ day of __________________, ________. _____________________________________ Judge, notary or other officer authorized to administer oaths _____________________________________ Official title _____________________________________ Signature _____________________________________ Date of signature