Code of the District of Columbia

§ 13–338. Prerequisites for order of publication.

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.)

Prior Codifications

1981 Ed., § 13-338.

1973 Ed., § 13-338.