NOTICE OF DIVORCE ACTION
John Doe, whose whereabouts is unknown, must answer Mary Doe's petition for divorce and other relief by July 1, 1975, or, thereafter, a judgment by default may be rendered against him in Case No. , Circuit Court of County.
Done the 30th day of April, 1975
RICHARD ROE, Clerk of the Circuit Court of County.
JOE DOAKS
123 Main Street
Anywhere, Alabama
Attorney for Mary Doe
(dc) District court rule. Rule 4.3 applies in the district courts.
Ala. R. Civ. P. 4.3
Note from the reporter of decisions: The order amending Rules 4, 4.1, 4.2, 4.3, 4.4, 6(a), 7(b)(2), 17(a), 22(c), and 26(b), Alabama Rules of Civil Procedure,effective August 1, 2004, is published in that volume of Alabama Reporter that contains Alabama cases from ___ So.2d.
Committee Comments
See Committee Comments following Rule 4.4.
District Court Committee Comments
While the district court lacks in rem jurisdiction, the likelihood of attachment and garnishment proceedings in the district courts makes it necessary for service of process by publication to be available. Of course, the reference in Rule 4.3 to service of process by publication in a domestic relations case has no bearing in view of the unavailability of that jurisdiction in the district courts.
Committee Comments to Amendment to Rule 4.3 Effective August 1, 2004
This Rule is mostly unchanged. Subdivision (c) was amended to delete the word "resident." Under the Rule as amended, any defendant who is avoiding service is amenable to service by publication, even nonresident defendants. Subdivision (d)(2) was amended to provide that publication shall be made both in the forum and at the defendant's last known county of residence, when avoidance is the basis for publication.