An order for the substitution of publication for personal service may not be made until:

1. (a)

   1. (1) A summons for the defendant has been issued and returned "not to be found"; and

   2. (2) The plaintiff proves by affidavit to the satisfaction of the court:

      1. (A) The nonresidence of the defendant or his or her absence for at least 6 months; or
      2. (B) Diligent efforts to find the defendant or that the defendant seeks to avoid service of process by concealment.

History

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

May 10, 2019, D.C. Law 22-313, § 12

Prior Codifications

1973 Ed., § 13-338.

1981 Ed., § 13-338.