Publication of Summons

1

Search for the Absent Party

The court will require an exhaustive search for the other party before permitting publication of a summons. To conduct an exhaustive search for the other party:

• Try personal service, using the Sheriff or a process server. If using a process server who attempts to locate persons, ask for documentation of their attempts to locate the party. The person or people attempting service can use the Declaration of [Name of Person Attempting Service] Re: Diligence, linked above.
• Contact all relatives and friends who might know the party’s whereabouts. Keep records of all these contacts, such as a diary detailing telephone calls and copies of letters you send, etc.
• Contact the party’s last known employer.
• Search the telephone directory for the city where the party was last known to live, and attempt contact at any listings that could possibly be the person to be served.
• Check the County Recorder’s and County Tax Assessor’s indexes for the location where the party was last known to live or own real property.
• Check the local jail inmate list and the California Department of Corrections and Rehabilitation inmate locator service.
• Search for the defendant using common, free, search engines.

For more information on locating a person or business, see the guide on “Finding People and Businesses.”

Keep careful records of your efforts. You will need to write a declaration explaining all of your attempts to find the person when you ask the court for permission for publish your summons in the newspaper.

You can use either Declaration (MC-030), with Attachment to Judicial Council Form (MC-025) attached if you need more space, or you can use the Declaration Template on pleading paper. Both of those forms are linked above.

2

Select a Newspaper for Publishing your Summons

In your application, you must specify the newspaper in which you plan to publish your Summons. This must be a paper of general circulation in the location where the party was last known to reside. A list of newspapers of general circulation in Sacramento County can be found on the court’s website.

If the other party was last known to reside outside Sacramento County, check with the Superior Court in that county. The courts typically maintain a list of all approved newspapers of general circulation in their county. These lists are often available on the court’s website. Links to the websites of each California Superior Court are available at California Courts: “Find My Court.”

Please be aware that each newspaper is a private company, and the fee to publish the summons is not waived by a court fee waiver. Each newspaper sets its own rate for publication, which can range from $35 to as much as $400.

Each newspaper also has its own policy as to whether the paper files the proof of publication, or whether they give it to you and require you to file it with the court yourself.

3

Obtain Declarations and Supporting Documents

You will need to obtain declarations from anyone else involved in the search for the other party. You can use either Declaration (MC-030), with Attachment to Judicial Council Form (MC-025) attached if you need more space, or you can use the Declaration Template on pleading paper. Both of those forms are linked above.

If you use pleading paper, do not forget to include the declaration under penalty of perjury clause, “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”

If you had the Sheriff or process server attempt service, ask them to provide documentation of their attempts.

These declarations and supporting documents will be attached to your application as exhibits. See Step 6 for more information.

4

Complete the Necessary Pleadings

Instructions for completing the necessary pleadings are included at the end of this packet. The documents you will need to prepare are available from the links at the top of this Guide.

If you prefer, you may prepare your Application, Points and Authorities, and Declaration as separate documents, or they may be combined into a single document, as in the case of the template and sample included in this Guide. The Order must always remain a separate document. (California Rule of Court Rule 3.1112). You may download customizable templates of the application and order from the links listed above.

5

Make Photocopies, if Desired, and Assemble For Filing

You must file the originals of your documents. If you want, you can also file a copy for the court to stamp and return to you. You can also always download a copy from the court’s website. The papers will include:

• Ex Parte Application, including the points and authorities and your supporting declaration
• Any supporting declarations you obtained documenting your search (see Step 1 and 3)
• Order for Publication of Summons

Group the Application and any supporting declarations, together with your copy if desired, into one packet. Group the Order, together with your copy if desired, into a second packet. Staple each set of photocopies, but leave the originals unstapled. The originals will be scanned into the court’s filing system, and the staple will damage the scanner. Put the originals at the top of each packet.

6

 File your Papers

Ex parte applications for publication of summons are filed at the law and motion civil filing department, Room 212 in the Hall of Justice building at 813 Sixth Street.

In Sacramento, most motions are heard in the “Civil Home Court” department assigned to the case, which will be either department 25, 28, 53, or 54. Check your case file online to find which department your case is assigned to.

Note: Prior to November 10, 2025, each civil case was assigned to either Department 53 or 54 for most motions. If your case was filed before that date, its assigned department may have changed, so check before scheduling a hearing.

Fill out and attach the Civil Law and Motion Document Drop-Off Sheet, and date stamp the back of the original packets. Following the instructions posted at the drop box, place the unstapled original document packet plus two (2) photocopies of the packet in the drop box, along with a check or money order for the filing fee, currently $20 (Cal. Gov. Code § 70617(c)(3)). Your documents will be forwarded to the law and motion department and will be processed without hearing. Provide the court with a self-addressed stamped envelope to facilitate the return of the order to you.

If your application is granted, the court will mail your signed Order for Publication of Summons to you. If your request is denied, you will receive an order from the court denying your request. The notice will state the reason for denial. Most often the reason a request is denied is because the court does not feel that adequate steps have been taken to attempt to find the person to be served. If you are able to correct the problems found by the court, such as conducting a more thorough search for the absent party, you may file a new Application.

8

Publish the Summons

Once the court grants the order to publish, your next step is to publish the summons in the newspaper you listed in your Application (Step 2).

Note: Even though you are publishing the summons, if you discover the whereabouts of the defendant you should arrange to have that defendant personally served with the summons and complaint.

Submit your summons and signed order to the newspaper you listed in your application.

The newspaper will publish your summons once a week for four weeks, and then provide you with confirmation of publication. Some newspapers will mail you a confirmation, some will have you pick it up, and some will even file it with the court. Contact the newspaper for details.

9

File Your Proof of Publication

If the newspaper does not file proof of publication with the court, you will need to do this yourself. This is a very important step; your case cannot move forward until proof of publication is filed with the court. The proof of publication will include an affidavit or declaration from the publisher listing the dates your summons was published (CCP § 417.10(b)), attached to a copy of the document that appeared in the paper (CCP § 2010). Pursuant to California Government Code § 6064, service is deemed complete on the 29^th day after the first date of publication.

10

Next Steps

If the other party has not filed a response 30 days after the effective date for service, you may request a default against the other party. You will then be able to continue your case without the other party’s participation. For more information on your next steps, see the guides “Request a Default Judgment by Clerk” and “Request a Default Judgment by Court.”

If the other party does respond to the lawsuit, your case will move into the discovery phase. There are many procedures available to you during discovery. See Discovery topic page for informational guides and videos.