This order should provide for service by the same method requested in the motion for substituted service (form 16-4). Usually a hearing will not be required and the order can be delivered or mailed to the clerk with the motion and affidavit. Substituted service is discussed at section 16.7. The return of service should factually confirm that the manner of service was precisely as authorized in the order for substituted service.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Order for Substituted Service
The Court has considered Plaintiff’s Motion for Substituted Service on Defendant, [name of defendant], in this cause and the evidence in support of the motion.
The Court finds that—
1.service of citation on Defendant has been attempted by [personally delivering it to Defendant at/sending it by [registered/certified] mail to] [location specified in the affidavit], but these attempts at service have not been successful; and
2.the manner of service ordered will be reasonably effective in giving Defendant notice of the suit.
It is therefore ORDERED that service of citation may be made on Defendant, [name of defendant], by
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Select one of the following. |
leaving a copy of the citation, with a copy of the petition attached, with anyone over sixteen years of age at [location named in the affidavit].
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Or |
[describe other manner of service, e.g., delivering a copy of the citation, with a copy of the petition attached, to [name of person to be served].]
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Continue with the following. |
SIGNED on ________________________________.
JUDGE PRESIDING