Page 1 of 3 4-209 [District Court Civil Rule 1-004] STATE OF NEW MEXICO COUNTY OF _______________ ___________________ JUDICIAL DISTRICT No. ____________ _____________________________, Plaintiff v. _____________________________, Defendant MOTION FOR SERVICE1 BY PUBLICATION _____________________________, the plaintiff states that after diligent inquiry and search efforts, plaintiff has been unable to serve process on the above-named defendant personally and the following diligent efforts were made to locate and serve the above-named defendant personally with a summons and complaint: (Check each method of service attempted and complete applicable blank spaces.) [] personal service; [ ] service at the defendant's last known residential address by __________________ (name of person attempting service); [] service by mail or courier service pursuant to Paragraph F of Rule 1-004 NMRA; [] service at the defendant's last known business address; [] service at the address listed at the motor vehicle division for the defendant's driver's license; [] service at the address listed in the last telephone directory listing for the following city or county: ________________________ (list cities and counties); [] a search of the records of the following courts ___________________________ (list courts); [] ________________________________ (describe other attempts to locate defendant); [] contacted the post office for the zip code of the last known address of the defendant and there was no forwarding address; [] _________________________ (describe other attempts to locate and serve the defendant). I state upon my oath or affirmation that this document and the statements in it are true and correct to the best of my information and belief. Date: _______________ _______________________________ Signature of plaintiff STATE OF NEW MEXICO ) ) COUNTY OF _____________) ss Signed and sworn to before me this ___________ day of __________________, __________. American LegalNet, Inc. www.FormsWorkflow.com http://www.supremecourt.nm.org/supctforms/dc-civil/VIEW/4-209.html 3/13/2007 Page 2 of 3 ______________________________________ Notary CERTIFICATE OF SERVICE I hereby certify that on this ____ day of _____________, _______ this motion was [mailed by United States mail, postage prepaid, and addressed to: Name: _________________________________ Address: _________________________________ _________________________________ City, state and zip code: ______________________] [faxed by ________________________ (name of person who faxed) to _________________ (defendant or defendant's attorney). The transmission was reported as complete and without error. The time and date of the transmission was _____ (a.m.) (p.m.) on _______________ (date).] [e-mailed by _____________________ (name of person who transmitted) to __________________ at _________________ (electronic address of recipient) who agreed to service in this manner. The transmission was successful. The time and date of the transmission was _________ (a.m.) (p.m.) on _____________________ (date).] ________________________________ Signature of attorney ________________________________ Date of signature If this motion was served by a person other than an attorney, the following must also be completed and filed with the court: AFFIDAVIT OF SERVICE I declare under penalty of perjury that a copy of this motion was served by [mail] [fax] [electronic transmission] as described above on this ____ day of __________________, ________. __________________________________________ Signature of person who made service Subscribed and sworn to before me this ___ day of _____________, _____. ______________________________ Judge, notary or other officer authorized to administer oaths ______________________________ Official title American LegalNet, Inc. www.FormsWorkflow.com http://www.supremecourt.nm.org/supctforms/dc-civil/VIEW/4-209.html 3/13/2007 Page 3 of 3 _______________________________ Signature _______________________________ Date of signature USE NOTE 1. This form was prepared for service by publication. It is used in conjunction with Form 4-209A or 4-209B NMRA. [Provisionally approved, effective August 15, 2003 until August 31, 2004; approved, October 14, 2004.] American LegalNet, Inc. www.FormsWorkflow.com http://www.supremecourt.nm.org/supctforms/dc-civil/VIEW/4-209.html 3/13/2007