Editing Service of process (section)

===Substituted service===
When an individual party to be served is unavailable for personal service, many jurisdictions allow for '''substituted service'''. Substituted service allows the process server to leave service documents with another responsible individual, called a person of [[Suitable age and discretion#Service of process|suitable age and discretion]], such as a cohabiting adult or a teenager. Under the U.S. Federal Rules, substituted service may only be made at the [[abode]] or [[dwelling]] of the [[defendant]].<ref>{{Cite web|url=https://www.federalrulesofcivilprocedure.org/frcp/title-ii/rule-4-summons/|title=Rule 4 - Summons &#124; 2022 Federal Rules of Civil Procedure|website=www.federalrulesofcivilprocedure.org}}</ref> California, [[Consolidated Laws of New York|New York]],<ref name=NY>N.Y. CPLR § 308 (2), (3), (4). Found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York State Assembly website], under CVP article 3.</ref> Illinois, and many other United States jurisdictions require that in addition to substituted service, the documents be mailed to the recipient.<ref name=NY /> Substituted service often requires a serving party show that ordinary service is impracticable, that [[due diligence]] has been made to attempt to make personal service by delivery, and that substituted service will reach the party and effect notice.<ref name=NY />

Another method of substituted service is "service by publication" also called "constructive service" in some jurisdictions. Service by publication is used to give "[[constructive notice]]" to a defendant who is intentionally absent, in hiding, or unknown (such as a possible descendant of a former landowner), and only when allowed by a judge's order based on a sworn declaration of the inability to find the defendant after "due diligence".<ref>{{Cite web|url=https://dictionary.law.com/Default.aspx?selected=1928|title=Legal Dictionary - Law.com|website=dictionary.law.com}}</ref> Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without leaving a forwarding address. Service by publication usually involves placing the petition for divorce and the summons to a missing spouse in a local newspaper.

In divorce cases, most states that permit service by publication will require due diligence to locate the missing spouse, which can include verifying with the post office that there is no forwarding address; contacting in writing all friends, relatives, and former employers of a spouse who may know the spouse's current address; checking all jails and prisons for any record of a spouse; and checking military records for a spouse.<ref>{{Cite web|url=https://dwp.dmdc.osd.mil/dwp/|title=DMDC Web|website=dwp.dmdc.osd.mil}}</ref>
 
In addition, in some jurisdictions, substituted service may be effected through [[Motion (legal)|motion]] and [[public notice]], followed by sending the documents by [[certified mail]].<ref>N.Y. CPLR § 308 (5).</ref>

Courts in at least two Canadian provincial jurisdictions have allowed for substituted service via [[Facebook]].<ref>{{cite web|url=https://www.canlii.org/en/ab/abqb/doc/2012/2012abqb10/2012abqb10.html#par18 |title=CanLII - 2012 ABQB 10 (CanLII) |website=www.canlii.org |access-date=2012-09-03}}</ref><ref>{{cite web|url=https://www.canlii.org/fr/qc/qccq/doc/2011/2011qccq10324/2011qccq10324.html#par19 |title=2011 QCCQ 10324 |website=www.canlii.org|access-date=2012-09-03}}</ref> In 2018, the [[Ontario Superior Court of Justice]] allowed service via [[Instagram]] and [[LinkedIn]]'s built-in messaging systems.<ref>{{Cite news|url=http://www.canadianlawyermag.com/legalfeeds/author/alex-robinson/toronto-lawyer-serves-claim-with-instagram-15294/|title=Toronto lawyer serves claim with Instagram|last=Robinson|first=Alex|date=February 2, 2018|website=www.canadianlawyermag.com|access-date=February 2, 2018|language=en}}</ref>