When service by publication is used, what must the serving party file prior to default judgment?

When service by publication is used, what must the serving party file prior to default judgment?

• A. An affidavit of service by publication
• B. A motion for default
• C. A notice of hearing
• D. A certificate of service

Answer: (A)

When service by publication is used, you must show the court that notice was actually given by publication. The document that does this is an affidavit of service by publication, filed with the court before any default judgment can be entered. This affidavit provides details like the newspaper used and the dates of publication, giving the court the evidence it needs that publication complied with the rules. A motion for default is the procedural step to ask the court to enter a default judgment after service is complete, not the proof of service itself. A notice of hearing is simply informing someone about a hearing date, not proving notice by publication. A certificate of service records how service was made, but for publication the required proof is an affidavit of publication.

When service by publication is used, you must show the court that notice was actually given by publication. The document that does this is an affidavit of service by publication, filed with the court before any default judgment can be entered. This affidavit provides details like the newspaper used and the dates of publication, giving the court the evidence it needs that publication complied with the rules.

A motion for default is the procedural step to ask the court to enter a default judgment after service is complete, not the proof of service itself. A notice of hearing is simply informing someone about a hearing date, not proving notice by publication. A certificate of service records how service was made, but for publication the required proof is an affidavit of publication.