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Chapter 16

Form 16-13

This letter may be used to mail the client’s affidavit to the clerk with a request for issuance of citation for service by publication. The letter requests that the citation be returned to the attorney. It is recom­mended that all citations be processed through the attorney’s office (see section 16.6 in this chapter). To ascertain the correct fee, contact the clerk. Most clerks will issue citation based on an affidavit (see form 16-12). Citation by publication is discussed at section 16.16, and is not recommended, see section 16.16:1. The clerk of the court in which the case is pending may serve the citation by publication. See form 16-15.

Letter to Clerk Requesting Issuance of Citation by Publication

[Date]

[Name or identification and address of clerk]

Re:   [style of case]
Cause No. [number]
[designation and location of court]

[Salutation]

Please issue a citation to be served by publication for the referenced cause, based on the enclosed affidavit. Please send the citation to me for forwarding to the appropriate officer. A stamped, addressed envelope and a check for your fee are enclosed.

Thank you for your service.

Sincerely yours,

   
[Name of attorney]

Enc.