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Motion for Alternate Service and Affidavit

Motion for Alternate Service and Affidavit 2025

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The document is a legal motion for alternate service and affidavit submitted to the Circuit Court in Maryland. It outlines the plaintiff's attempts to locate and serve the opposing party with legal documents, detailing various methods used such as contacting relatives, searching online, and hiring investigators. The plaintiff requests the court to allow service by alternative means due to their inability to find the opposing party.

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What is a motion for alternative service?

A motion for substituted service is a formal request made to the court by a party in a legal case, seeking permission to serve legal documents on the opposing party through an alternative method when traditional methods of service are not feasible or have been unsuccessful.

What happens after an affidavit of service is filed?

After the documents are served, the process server signs the affidavit, has their signature properly docHubd, and files the affidavit with the court. A person who signs an affidavit containing false information can be subject to criminal penalties.

What is a motion and affidavit?

This form is where you tell the Judge all of the important and relevant facts in support of your Motion. An Affidavit is a form of evidence that the Court can consider when making decisions, just like live testimony in Court and exhibits.

What is the order granting motion to substitute party?

If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedents successor or representative.

What is a motion for alternative service in PA?

A successful motion for alternative service requires three (3) elements: (1) an unsuccessful attempt to properly serve the defendant; (2) a good faith effort to locate the defendant; and, (3) a method of alternative service that is reasonably calculated to give actual notice to the defendant.

Is a motion the same as a complaint?

A Motion predominantly refers to an oral request or written request made to a court requesting that the court do something during the course of a civil action a.k.a. lawsuit a.k.a. court case after the case was initiated with a Complaint or a Petition.

What does a motion for alternative service mean?

In alternative service, the named individual is served, just not in the traditional manner. It is important to remember that service of process exists to afford individuals their due process rights. If someone is being sued or must appear in court, they have a right to receive notification of that.

How long do you have to respond to a motion in PA?

(c) A response to a dispositive motion shall be filed within 30 days of service of the motion or, if a supporting party files a memorandum of law alone, within 30 days of service of that memorandum of law. The response to a dispositive motion must be accompanied by a supporting memorandum of law or brief.

Motion for Alternate Service and Affidavit 2025

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