This letter may be used if the attorney does not desire a personal appearance before the judge. The attorney should ascertain whether local practice requires a hearing or permits submission of the motion for substituted service by mail. The letter contains alternative language for situations in which the citation either has or has not been returned to the court. Caveat: See the discussion at sections 16.6:3 and 16.6:4 in this chapter concerning issuance of citation and return of unserved citation. To ascertain the correct fee, the clerk should be contacted.
A copy of the signed order should be attached to the citation and served on the defendant. The service return should specify the documents delivered to defendant by the process server, generally the citation, petition and the order for substituted service.
Letter to Clerk Transmitting Motion for Substituted Service
[Date]
[Name or identification and address of clerk]
Re: Motion for Substituted Service
[style of case]
Cause No. [number]
[designation and location of court]
[Salutation]
Please bring the enclosed motion for substituted service and attached affidavit[s] to the judge’s attention and ask the judge to sign the enclosed order for substituted service if the motion is granted.
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Select one of the following. Select the first paragraph if the original citation has not been returned to the court. Select the second paragraph if the citation has been returned to the court. |
Please forward a certified copy of the signed order to me in the enclosed addressed, stamped envelope.
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Or |
If the order is signed, please issue an alias citation for the defendant named in the order and send the citation and a certified copy of the order to [name and address of officer or process server] for service. Please send a dated copy of the order to me in the enclosed addressed, stamped envelope.
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Continue with the following. |
My check for your fee is enclosed. Thank you for your service.
Sincerely yours,
[Name of attorney]
Enc.