N.M. R. Child. Ct. 10-513
STATE OF NEW MEXICO
COUNTY OF _______________
__________________ JUDICIAL DISTRICT
IN THE CHILDREN'S COURT
STATE OF NEW MEXICO ex rel.
CHILDREN, YOUTH AND FAMILIES DEPARTMENT
No. __________
In the Matter of
_______________________________ , (a) Child(ren), and Concerning
_______________________________ , Respondent(s).
MOTION FOR SERVICE BY PUBLICATION OR OTHER ALTERNATIVE METHOD ON __________________ (NAME)
COMES NOW Petitioner, the Children, Youth and Families Department, and moves the Court for the following: (Check applicable options)
[ ] Pursuant to Paragraphs H and I of Rule 10-103 NMRA, Petitioner moves the Court, without notice, to order service by publication on ___________________ (name of Respondent). A copy of the proposed notice of pendency of action is attached to this motion, to be published once a week for three (3) consecutive weeks.
[ ] Pursuant to Paragraph H of Rule 10-103 NMRA, Petitioner moves the Court, without notice, to order service by an alternative method on ___________________ (name of Respondent) that is reasonably calculated under all of the circumstances to apprise Respondent of the existence and pendency of the action and afford a reasonable opportunity to appear and defend as follows: ________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________ .
Based upon the attached affidavit(s), Petitioner states that after diligent inquiry and search efforts, personal service cannot reasonably be made by Petitioner upon ___________________ (name of Respondent) as provided by Paragraph F of Rule 10-103 NMRA.
________________________________
Children's Court Attorney
________________________________
Address
________________________________
Telephone number
USE NOTES
Service by publication is a recognized method under Rule 10-103 NMRA for giving notice when traditional methods of service cannot be accomplished, including service by publication in another jurisdiction. However, the court is authorized under Rule 10-103(H) NMRA to order service of process by other alternative methods or combinations of methods "reasonably calculated under all of the circumstances to apprise the respondent of the existence and pendency of the action and afford a reasonable opportunity to appear and defend" if service cannot be accomplished by traditional means. In addition to, or in lieu of, service by publication, the practitioner and court should consider other alternative methods of service if they are more likely to give the respondent notice of the action and an opportunity to be heard.
N.M. R. Child. Ct. 10-513