1. (a) In actions specified by subsection (b) of this section, publication may be substituted for personal service of process:

   1. (1) Upon a defendant who cannot be found and who is shown by affidavit to be a nonresident or to have been absent from the District for at least 6 months;
   2. (2) Upon a defendant who cannot be found after diligent efforts or who by concealment seeks to avoid service of process; or
   3. (3) Against the unknown heirs or devisees of deceased persons.

2. (b) This section applies only to:

   1. (1) actions for partition;
   2. (2) actions for divorce or annulment;
   3. (3) actions for child custody under D.C. Official Code, Title 16, Chapter 45 [repealed];
   4. (4) actions by attachment;
   5. (5) actions for foreclosure of mortgages and deeds of trust;
   6. (6) actions for the establishment of title to real estate by possession;
   7. (7) actions for the enforcement of mechanics’ liens, and other liens against real or personal property within the District;
   8. (8) actions that have for their immediate object the enforcement or establishment of any lawful right, claim, or demand to or against any real or personal property within the jurisdiction of the court; and
   9. (9) actions for the appointment of a vulnerable youth guardian under [subchapter VI of Chapter 23 of Title 16].

History

Dec. 23, 1963, 77 Stat. 514, Pub. L. 88-241, § 1

Mar. 10, 1983, D.C. Law 4-200, § 3, 30 DCR 125

Apr. 4, 2017, D.C. Law 21-238, § 501(a)

July 19, 2024, D.C. Law 25-188, § 2

Prior Codifications

1973 Ed., § 13-336.

1981 Ed., § 13-336.

Section References

This section is referenced in § 13-335, § 13-337, and § 16-4808.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Vulnerable Youth Guardianship Protection Emergency Amendment Act of 2023 (D.C. Act 25-203, Aug. 1, 2023, 70 DCR 10758).

For temporary (90 days) amendment of this section, see § 2 of Vulnerable Youth Guardianship Protection Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-260, Oct. 25, 2023, 70 DCR 14434).

For temporary (90 days) amendment of this section, see § 2 of Vulnerable Youth Guardianship Protection Emergency Amendment Act of 2024. (D.C. Act 25-492, June 26, 2024, 71 DCR 7595).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Vulnerable Youth Guardianship Protection Temporary Amendment Act of 2023 (D.C. Law 25-81, Nov. 28, 2023, 70 DCR 13754).