English

Motion for Substituted Service

MO-shun fuhr sub-stih-TOO-ted SIR-vis
A legal motion filed in court asking the judge for permission to serve a legal document on a party by an alternative method, such as leaving it with a family member or publishing it in a newspaper, when traditional service methods are impractical.
The plaintiff filed a motion for substituted service because the defendant could not be located at their last known address.
Mullane v. Central Hanover Bank & Trust Co. (1950) - The Supreme Court established due process requirements for substituted service.
← Back to BrowseNext Term →

Frequently Asked Questions

The specific requirements will vary depending on the jurisdiction. However, the moving party typically needs to show that they have made a good faith effort to serve the defendant using traditional methods.

Common alternative methods include leaving the document with a family member, posting it on the defendant's door, or publishing it in a newspaper.

Substituted service allows the court to notify the defendant of the lawsuit even if they cannot be located using traditional methods. This helps to ensure that the defendant has an opportunity to be heard before a judgment is entered against them.

See all that Filevine can do with a customized demonstration from our team

Schedule a Demo