To successfully petition the court for alternative service, you must demonstrate that you have made diligent efforts to serve the individual through conventional means, typically personal or substituted service. One cannot simply request alternative service without first attempting other methods.

The central requirement for requesting alternative service involves providing proof of diligent inquiry and failed attempts. This includes:

1. Making Multiple Attempts: The server must endeavor to serve the papers multiple times. This often means attempting service on different days and at varying times, including periods when the person is likely to be at home or at work.

2. Conducting Searches to Locate the Individual: Diligence also encompasses actively trying to find the person if their location is uncertain. This might involve searching public records, contacting friends or relatives, checking social media, reviewing property records, or using online directories. In certain situations, it may be necessary to ascertain if the person is in prison, jail, or a hospital.

3. Documenting Every Attempt: This is perhaps the most important step. The process server must meticulously record every attempt made to serve the papers. This detailed documentation forms the foundation of your request to the court.

4. Creating a Declaration or Affidavit of Due Diligence: The server must compile all documented attempts and efforts into a formal document. This document is often termed a “declaration of due diligence” or an “Affidavit of Diligent Search and Inquiry.” It is signed under penalty of perjury.

5. Contents of the Due Diligence Document: The declaration should include specific details for each attempt, such as the date, time, location, and the outcome (e.g., “No one answered the door,” “Recipient not known at this address”). It must also detail all steps taken to locate the person, including the specific search efforts made. The document confirms that all reasonable leads were pursued. Photo or video evidence is also encouraged to support the documentation.

6. Filing a Motion with the Court: Based on the declaration of due diligence, the plaintiff (or their legal representative) must file a formal motion with the court, requesting permission for alternative service. The motion must present the record of unsuccessful attempts, describe the good faith efforts made to locate the defendant, and propose an alternative service method that is most likely to provide the defendant with actual notice of the lawsuit.

7. Court Approval: The court will review your motion and the accompanying declaration of due diligence. A judge evaluates each request individually and will only approve alternative service if convinced that diligent efforts were made and that the proposed alternative method is reasonably likely to notify the defendant while upholding their due process rights.

If the court approves the request, the judge will specify which methods of alternative service are permissible in your case. These methods may include service by posting on the property, publishing notice in a newspaper, or service by mail. In rare instances, with explicit court permission, alternative methods such as service via email or social media may be allowed.