An order for the substitution of publication for personal service may not be made until:
(1) A summons for the defendant has been issued and returned "not to be found"; and
(2) The plaintiff proves by affidavit to the satisfaction of the court:
(A) The nonresidence of the defendant or his or her absence for at least 6 months; or
(B) Diligent efforts to find the defendant or that the defendant seeks to avoid service of process by concealment.
(Dec. 23, 1963, 77 Stat. 514, Pub. L. 88-241, § 1; May 10, 2019, D.C. Law 22-313, § 12, 66 DCR 1627.)
1981 Ed., § 13-338.
1973 Ed., § 13-338.
Structure District of Columbia Code
Title 13 - Procedure Generally. [Enacted title]
Chapter 3 - Process and Parties
Subchapter II - Service of Process; Legal Representatives
§ 13–331. Service under other laws and rules of court
§ 13–332. Service on infants; appointment and compensation of guardian and attorney
§ 13–333. Service on incompetent persons
§ 13–334. Service on foreign corporations
§ 13–335. Service by publication on domestic or foreign corporations
§ 13–336. Service by publication on nonresidents, absent defendants, and unknown heirs or devisees
§ 13–337. Personal service outside District in lieu of publication
§ 13–338. Prerequisites for order of publication