COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. -against- MOTION FOR ALTERNATE :SERVICE JUDICIAL SUBPOENA Plaintiff(s) Instructions for Completing DOM REL 70 : ...................................................... You may use the Motion for Alternate Service only if you have not been able to find the : opposing party in order to serve them with the complaint or petition and the Writ of Summons from the Court. This type of service will slow down your :case. If you have any way to locate the other party and serve them you should try that first. There is no guarantee that the court Defendant(s) will grant your motion for alternate service. : What You Should Do Before Completing This Form Before completing this form, be sure THE PEOPLE OF THE STATE OF NEW YORK you have made a good faith effort to locate and serve the opposing party. The court will not grant your motion until you have made several TO attempts at service. Below are examples of steps you can take to locate and serve the opposing party. Try as many as you can, and document your efforts as indicated: GREETINGS: A. Serve them by certified mail at their last known address. Try more than once. Each time, save the mail receipt and have the person who mailed it for you complete an WE Affidavit of Service. all business and excuses being laid aside, you and each of you attend before COMMAND YOU, that , the Honorable at the Court located at County ofB. Send letters to their relatives or friends, asking if they know their whereabouts. Each on thesave aday of of your letter, mail, return receipts, andthe responseand at any recessed copy in room , time, , 20 at o'clock in any noon, you receive. or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a D. failure private investigator or attorney to locate them. Attach an Affidavit signed result of your Hire a to comply. C. Write to their last employer, asking if the employer knows their current address. Save a copy of your letter, any mail return receipt, and any response you receive. by the investigator or attorney indicating what they did and whether or not they were successful. Witness, Honorable , one of the Justices of the County, day of , 20 Court in E. Look the opposing party up in the telephone directory or call directory assistance. Keep a record of the times you looked, in which volume or within what location did you ask for directory assistance. (Attorney must sign above and type name below) F. Contact the Motor Vehicle Administration of Maryland to see if they have a current address for the other party. Attorney(s) for G. Contact the Military Worldwide Locator for the other party's branch of service if they are a member of the armed forces. Office and P.O. Address Page 1 of 3 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: DRIN 70 - Revised 17 April 2002 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Plaintiff(s) : Index No. Calendar No. H. Ask their former neighbors whether they know their whereabouts. Have any -against: neighbors you spoke with complete an affidavit stating what they do or do not know. I. Contact the local child support enforcement agency to see if they have any record of the opposing party and know their current address. Keep a record of the date and : numbers you called. Defendant(s) : ...................................................... : JUDICIAL SUBPOENA J. Try any additional means you can think of that might help you locate them. If you have tried all of these methods to locate and serve the opposing party and have not been successful, OF you STATE OF file Motion THE PEOPLEthen THE are ready toNEWaYORK for Alternate Service. TO There are 5 steps you must follow in order to file the Motion for Alternate Service. >STEP 1 -- Complete form DOM REL 70 . GREETINGS: Page 1 of DOM REL 70 . WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Caption , the Honorable (Top Section). Fill in the name of the court, the case number, your name and at the Court address, located at County of and the name and last known address of the Defendant. in room , on the day of , 20 , at o'clock in the noon, and at any recessed Paragraph 1. Indicate give evidence as a witness in this action on the part of the or adjourned date, to testify and the type of complaint or petition you originally filed with the court (i.e., the document you have been trying to serve on the opposing party). Indicate the court you filed it in and the date filed. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Date and sign the form. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Affidavit. Complete the Affidavit, but DO NOT SIGN IT YET. Witness, Honorable Paragraph 1 and Item 1. Fill in your name, as indicated, as well as information about the Court in County, day of , 20 document(s) you filed with the court, including the name of the court and the date filed. Item 2. Check off the boxes indicating each method you have used to try to locate and serve (Attorney must sign above and type name below) the opposing party. Attach all supporting documents as indicated. Use the Affidavit form, DOM REL 73 if you need to have investigators, neighbors or others provide an affidavit. Page 2 of DOM REL 70 . Attorney(s) for , one of the Justices of the Item 3. Indicate the date you last saw the opposing party, and indicate what you know by checking off the appropriate boxes. Office and P.O. Address Page 2 of 3 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: DRIN 70 - Revised 17 April 2002 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. Take the completed document to a Notary Public. Sign: the Affidavit portion of the JUDICIAL SUBPOENA Plaintiff(s) document in front of a Notary. Have the Nota