When can service by publication be used?

Service by publication is a legal method used to notify a party of a court proceeding when that party cannot be easily located. This method is typically employed in situations where the individual's whereabouts are unknown, or when they are actively evading service attempts.

The rationale behind this option being correct lies in the principle that due process requires that individuals be notified of legal actions that may affect them, but if traditional methods of service—such as delivering documents directly—fail due to an untraceable address or deliberate avoidance, service by publication serves as an alternative. It ensures that the person is made aware of the proceedings by publishing a notice in a designated newspaper, which is often deemed sufficient to fulfill legal notification requirements.

This method is not generally applicable just because a party is out of state, as service can often be executed through other means in such cases. Similarly, mutual agreement between parties to use service by publication or the ineffectiveness of other methods without due process considerations would not necessarily justify using this method. It is specifically designed for scenarios where the individual cannot be found or is deliberately avoiding service.