COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. MOTION FOR ALTERNATE :SERVICE JUDICIAL SUBPOENA Plaintiff(s) Instructions for Completing DOM REL 70 -against- : 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: 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 GREETINGS: , 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 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. 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. by the investigator or attorney indicating what they did and whether or not they were successful. Witness, Honorable , one of the Justices of the Court in County, day of , 20 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA 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) : ...................................................... 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 , one of the Justices of the 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. Attorney(s) for Page 2 of DOM REL 70 . 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 Notary complete the Notarization. -against- : >STEP 2 — Complete the Caption (Top Portion) Only of the Order for Alternate : Service, DOM REL 71. : >STEP 3 — Complete the Caption (Top Portion) Only of the Notice, DOM REL 72. Defendant(s) : . . . . . .>STEP. 4 .— File the .Forms and . . . . . . . .Filing .Fee.. . . . . . . . . . . . . . . . . . . . . . . . . . . . Pay the . . . . . . . . Take the original copies of the completed Motion for Alternate Service, proposed Order for Alternate service, proposed OF NEW YORK THE PEOPLE OF THE STATENotice, and all supporting documents to the Clerk of Court. Payment of a filing fee is generally required to file the motion. TO >STEP 5 — The Judge will Consider Your Motion. Once the motion and accompanying documents have been properly filed, they will be forwarded to a judge for consideration. If the motion is granted, you will receive a copy of the Order for Alternate Service, signed by a judge. excuses being laid aside, you and each of you attend before WE COMMAND YOU, that all business and GREETINGS: , the Honorable at the Court If the located at County of judge orders service by posting, the Clerk of Court will arrange to have the Notice by of inposted for the time indicatedday the judge. Once that ,time period is past, theno response has been recessed room , on the , 20 at o'clock in if noon, and at any filed by the opposing party, you may proceed witness in default judgmentpart to move forward to seek a this action on the or of the or adjourned date, to testify and give evidence as a with your case. If the judge orders service by publication, you will need to check with the Clerk of Court Your failure to regarding publicationcomply Notice. In some jurisdictions publication arrangements will the you liable to of the with this subpoena is punishable as a contempt of court and are make the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a responsibility of the party asking for publication. In other jurisdictions the Clerk of Court will result of your failure to comply. arrange to have the Notice published. The newspaper will send you an invoice to have the Notice published. You are required to pay this invoice. Publication can be expensive. After the Witness, Honorable , one of the Justices of the Notice has been published, you and the Clerk will receive a confirmation from the newspaper. Court in County, day of , 20 After the period has passed indicated in the judge’s Order, you may proceed to seek a default judgment or to move forward with your case. (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Page 3 of 3 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: DRIN 70 - Revised 17 April 2002 American LegalNet, Inc. www.USCourtForms.com ...................................................... : Index No. : : Plaintiff(s) -against- Calendar No. JUDICIAL SUBPOENA : : Circuit Court for City or County Case No. : Name Name Defendant(s) VS. : . . . . . . . . Street. Address. . . . . . . . . . . . . . . . . . . . . . . . . Apt..#. . . . . . . . . .Street Address ... .... .. City ( State Zip Code Area Code Plaintiff ) Telephone Apt. # City State Zip Code Defendant THE PEOPLE OF THE STATE OF NEW YORK ( Area Code ) Telephone MOTION FOR ALTERNATE SERVICE TO (DOM REL 70) I, GREETINGS: , representing myself state that: My name 1. I filed the following document(s): Name of Document(s) WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before with the Circuit Court for on , . , the Honorable at the Court County or City Date document(s) filed located at County of 2. Since that time I day ofmade reasonable efforts to locate thein the have in room , on the , 20 , at o'clock Defendant to effectat any recessed noon, and service of or adjourned date, to testify and give evidence as a witness in this action on the part of the process, but have been unable to do so as more fully set forth in the Affidavit below. FOR THESE REASONS, I request that the Court order service by posting, or in the Your failure by comply with thisany other means of notice that the court may deem appropriate, alternative to publication, or 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 pursuant to comply. result of your failure toMaryland Rule 2-121 or 2-122. Witness, Honorable Court in County, Date , one of the Justices of the day of , 20 Signature AFFIDAVIT IN COMPLIANCE WITHand type name below) (Attorney must sign above MARYLAND RULE 2-121 OR 2-122 STATE OF MARYLAND, COUNTY OF Attorney(s) for : I HEREBY CERTIFY that before me, the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared , Plaintiff, My Name in the above-entitled case, and made oath, in due form of law as follows: Office and P.O. Address 1. I filed the following document(s): with the Circuit Court for County or City Telephone No.: Name of Document(s) Facsimile No.: on E-Mail Address: Mobile Tel. No.: , . Date document(s) filed American LegalNet, Inc. www.USCourtForms.com Page 1 of 3 DR 70 - Revised 9 March 2001 t ...................................................... : Index No. : : Plaintiff(s) -against- Calendar No. JUDICIAL SUBPOENA : : 2. Since that time I have attempted to serve the opposing party with that document and any related court summons in the following manner (Check all that apply and attach appropriate : documents.): õ I have attempted to serve Defendant(s) party:at the opposing ...................................................... Address but the opposing party has avoided service by . õ I have tried to serve the opposing party by certified mail at their last known address ____ THE PEOPLE OFtimes,STATE OFby the YORK Affidavit(s) of Service. THE as shown NEW attached õ I have tried to get the opposing party’s current address by sending letter(s) to the following relative(s) or friend(s), as indicated by the attached copies of letters, mail return receipts, Affidavit(s) of Service and responses, if received: ___________________________ GREETINGS: _____________________________ ________ TO Name of Person to Whom Letter Was Sent Date Sent _____________________________ ________ Indicate whether you received a reply. ___________________________ WE COMMAND YOU, that allWas Sent and excuses being laid aside, you and each ofayou attend before Name of Person to Whom Letter business Date Sent Indicate whether you received reply. , the Honorable at the _____________________________ ________ Court ___________________________ located Was Sent at County of Name of Person to Whom Letter Date Sent Indicate whether you received a reply. in room , on the day of , 20 , at o'clock in the noon, and at any recessed õ have tried to get the opposing party’s current address by sending or adjourned date, Ito testify and give evidence as a witness in this action on the part of the a letter to his/her last , as shown by the attached copy known employer, of my letter, mail return receipts, Affidavit(s) of Service and response, if received: _____________________________ ________ ___________________________ Your failure to Employer with this subpoena is punishable as a contempt of court and willa make you liable to Name of comply Date Sent Indicate whether you received reply. 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.a private investigator or attorney who was unable to locate the opposing õ I have hired party as shown on the attached affidavit. Witness, Honorable , one of the Justices of the õ I looked in the telephone directory ,and/or called directory assistance in the following Court in County, day of 20 areas: . (Attorney must Maryland type name learned õ I have contacted the Motor Vehicle Administration ofsign above andand havebelow) the following: . õ I have contacted the Military Worldwide Locator for Defendant’s branch of the armed Attorney(s) for services and have learned the following: . õ I asked the following former neighbors of the opposing party at his/her last known address, as indicated on the attached affidavits signed by those neighbors: Office and P.O. Address Name of Neighbor Their Address Name of Neighbor Their Address Name of Neighbor Telephone No.: Facsimile No.: E-Mail Address: Their Address Mobile Tel. No.: Date You Spoke With Them Date You Spoke With Them Date You Spoke With Them American LegalNet, Inc. www.USCourtForms.com Page 2 of 3 DR 70 - Revised 9 March 2001 ...................................................... : Index No. : : Plaintiff(s) -against- Calendar No. JUDICIAL SUBPOENA : : õ I tried to get the opposing party’s current address by contacting the local child support enforcement agency. They reported that they have been unable to locate the opposing : party. Defendant(s) : . . . . . . . . . . . . õ . I. have.tried . . . .following .additional .means .to obtain the opposing party’s current address: . . . . . . . . . . the . . . . . . . . . . . . . . . . . . . . . . THE PEOPLE OF THE STATE OF NEW YORK TO 3. I have not seen the opposing party since , that apply below and attach Financial Statement if required): and (Check all õ I do not know his/her current address. õ I do not know where he/she is working. GREETINGS: õ I have no current address for any close relatives. õ I have no money to hire a private investigator or attorney to find him/her, as WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before indicated in theat the attached Financial Statement. , the Honorable Court õ I have no money to do service by publication, as indicated in the attached located at County of Financial Statement. , at in room , on the day of , 20 o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the I have made reasonable efforts to locate the Defendant, but have been unable to do so. I am over eighteen years old and am competent to testify. 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 Signature all damages sustained as a $50 and result of your failure to comply. SUBSCRIBED AND SWORN to before me, this Witness, Honorable . Court in County, day of , , one of the Justices of the day of , 20 Notary Public MY COMMISSION EXPIRES: (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com Page 3 of 3 DR 70 - Revised 9 March 2001