Summary
This memorandum and order from the U.S. District Court for the District of New Jersey addresses the plaintiff's motion to effect service upon defendant Aaron Hall by publication pursuant to New Jersey Court Rule 4:4-5. Judge Leo M. Gordon denied the motion without prejudice, concluding that the plaintiff did not demonstrate sufficient diligence in locating the defendant or adequately exploring alternative service avenues in other potential jurisdictions such as Georgia, Ohio, and Florida. The court emphasized that constructive service by publication is disfavored and requires a more robust factual showing that traditional methods of service are unavailing.
Topics
Practice areas
Questions Presented
- Whether New Jersey Court Rule 4:4-5(a)(3) applies to a personam action and permits service by publication
- Whether plaintiff demonstrated sufficient diligence to warrant an order authorizing service by publication
Holdings
- Rule 4:4-5(a)(3) applies only to in rem and quasi‑in rem actions; it does not authorize service by publication in a personam action.
- Plaintiff has not shown the requisite diligence; the motion is denied without prejudice.
Key quotations
“the core function of service is to supply notice of the pendency of a legal action, in a manner and at a time that affords the defendant a fair opportunity to answer the complaint and present defenses and objections.” (at 2)
“service by publication may nevertheless be an option in this action if conducted by court order pursuant to New Jersey Court Rule 4:4-4(b)(3).” (at 7)
Factual background
Plaintiff made multiple attempts to locate and serve Aaron Hall, including personal service at several California and Ohio addresses, two skip‑trace investigations, and inquiries to acquaintances, but was unable to obtain a current address. The plaintiff also sought to publish notice in California and Georgia newspapers.
Procedural history
Plaintiff filed a motion to serve defendant Aaron Hall by publication after unsuccessful personal and substitute service attempts in California and Ohio.