Motion, Affidavit and Order for Service by Publication and Registered Mail1 IN THE DISTRICT COURT OF THE ^^^^^ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^^^^^ ) ) ) ) ) ) ) [A Child][Children] Under Eighteen Years of Age. __________________________ ) IN THE MATTER OF: Case No. ^^^^^ MOTION AND AFFIDAVIT FOR SERVICE OF PROCESS BY PUBLICATION AND REGISTERED MAIL The petitioner, [Idaho Department of Health & Welfare][^^^^^ County Prosecutor][^^^^County Deputy Prosecutor][Deputy Attorney General], asks this court to allow service of process to be made upon _____________ by publication and registered mail. This motion is made pursuant to Idaho Code § [16-1612(1) & 2] [16-2007(2)]. 2 1. The petitioner has made diligent efforts to serve process, but has been unable to complete service of process. The following efforts were made to serve process, but were unsuccessful: __________________________________________ ________________________________________________________________________ ________________________________________________________________________ _________________________________________________________________. 2. The last known address of ___________________ is ________________ _____________________________________________________________________. The petitioner is informed and believes that this is [his][her] last known address because ________________________________________________________________________ ___________________________________________________________________. MOTION AND AFFIDAVIT FOR SERVICE BY PUBLICATION PAGE 1 American LegalNet, Inc. www.FormsWorkflow.com 3. The newspaper of general circulation in _______________ County, State of _______________, is _______________________. The newspaper most likely to give notice to the person to be served is ____________________________. The petitioner is informed and believes that this newspaper is most likely to give notice to the person to be served because __________________________________________ _____________________________________________________________________. DATED this ____ day of _______________, 20___. _________________________ [NAME] [Title (PA, DPA or DAG)] STATE OF IDAHO County of _____________ ) ) ss. ) I, _________________, being duly sworn upon oath, state that I am _______________________, that I have read the statements in this petition, and that the statements are true and correct to the best of my knowledge and belief. _____________________________ [NAME] Subscribed and sworn to before me this _____ day of _______________, 20___. (seal) _______________________________ NOTARY PUBLIC FOR IDAHO My commission expires: MOTION AND AFFIDAVIT FOR SERVICE BY PUBLICATION PAGE 2 American LegalNet, Inc. www.FormsWorkflow.com CERTIFICATE OF SERVICE I certify that on the _____ day of _______________, 20_____, I served true and accurate copies of the foregoing document on the following persons, either by deposit in the U.S. Mail, addressed as follows and with the correct first-class postage affixed thereto, or by deposit in the designated courthouse mailbox, or by fax to the number indicated below, or by hand-delivery, as indicated below: Name: Served by: [ ] Hand-delivery [ ] Deposit in the designated courthouse mailbox [ ] By fax to: ____________________ [ ] By deposit in the U.S. Mail addressed as follows: Name: Served by: [ ] Hand-delivery [ ] Deposit in the designated courthouse mailbox [ ] By fax to: ____________________ [ ] By deposit in the U.S. Mail addressed as follows: Name: Served by: [ ] Hand-delivery [ ] Deposit in the designated courthouse mailbox [ ] By fax to: ____________________ [ ] By deposit in the U.S. Mail addressed as follows: Name: Served by: [ ] Hand-delivery [ ] Deposit in the designated courthouse mailbox [ ] By fax to: ____________________ [ ] By deposit in the U.S. Mail addressed as follows: MOTION AND AFFIDAVIT FOR SERVICE BY PUBLICATION PAGE 3 American LegalNet, Inc. www.FormsWorkflow.com ____________________________ [NAME] [Title] MOTION AND AFFIDAVIT FOR SERVICE BY PUBLICATION PAGE 4 American LegalNet, Inc. www.FormsWorkflow.com IN THE DISTRICT COURT OF THE ^^^^^ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^^^^^ ) ) ) ) ) ) ) [A Child][Children] Under Eighteen Years of Age. __________________________ ) IN THE MATTER OF: Case No. ^^^^^ ORDER FOR SERVICE OF PROCESS BY PUBLICATION AND REGISTERED MAIL The petitioner, [Idaho Department of Health & Welfare][^^^^^ County Prosecutor][^^^^^County Deputy Prosecutor] [Deputy Attorney General], submitted to this Court a Motion and Affidavit for Service of Process by Publication and Registered Mail for service of process to be made upon _____________. The motion was made pursuant to Idaho Code § [16-1612(1) & (2)] [16-2007(2)]. The petitioner has made diligent efforts to serve process, but has not been able to complete service of process. The last known address of ___________________ is _____________________________________________________________________. The newspaper of general circulation in the county of __________, State of ___________, is ____________________. The newspaper most likely to give notice to the person to be served is _______________________________. THEREFORE, IT IS HEREBY ORDERED that the petitioner serve process on ____________ by registered mail at [his][her] last known address and by publication once a week for [two] [three] consecutive weeks in [a newspaper of general circulation in ________ County, State of __________ ] [in the following newspaper(s) ___________ ________________ ]. The petitioner will file affidavits showing that such service has been completed. ORDER FOR SERVICE BY PUBLICATION PAGE 1 American LegalNet, Inc. www.FormsWorkflow.com DATED this ____ day of _______________, 20___. _________________________ Magistrate Judge CERTIFICATE OF SERVICE I certify that on the _____ day of _______________, 20_____, I served true and accurate copies of the foregoing document on the following persons, either by deposit in the U.S. Mail, addressed as follows and with the correct first-class postage affixed thereto, or by deposit in the designated courthouse mailbox, or by fax to the number indicated below, or by hand-delivery, as indicated below: Name: Served by: [ ] Hand-delivery [ ] Deposit in the designated courthouse mailbox [ ] By fax to: ____________________ [ ] By deposit in the U.S. Mail addressed as follows: Name: Served by: [ ] Hand-delivery [ ] Deposit in the designated courthouse mailbox [ ] By fax to: ____________________ [ ] By deposit in the U.S. Mail addressed as follows: Name: Served by: [ ] Hand-delivery [ ] Deposit in the designated courthouse mailbox [ ] By fax to: ____________________ [ ] By deposit in the U.S. Mail addressed as follows: Name: ORDER FOR SERVICE BY PUBLICATION PAGE 2 American LegalNet, Inc. www.FormsWorkflow.com Served by: [ ] Hand-delivery [ ] Deposit in the designated courthouse mailbox [ ] By fax to: ____________________ [ ] By deposit in the U.S. Mail addressed as follows: ____________________________ [NAME] [Title] Last updated January 20, 2007. Click http://www.isc.idaho.gov/childapx.htm for most current version. 1 Service of process in child protection cases is discussed in the Idaho Child Protection Manual at §III.C. The Child Protective Act provides for service by publication once a week for two weeks in a newspaper of general circulation in the county where the action is filed. Idaho Code § 16-1612(1). It is appropriate to consider whether publication should also be made in the newspaper most likely to give notice to the person to be served. The termination of parental rights statute provides for notice to be published once a week for three weeks in a newspaper or newspapers most likely to give notice to the person to be served. Idaho Code § 16-2007(2). 2 ORDER FOR SERVICE BY PUBLICATION PAGE 3 American LegalNet, Inc. www.FormsWorkflow.com