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43.0503 Proof of service.

Cite as [A.S.C.A. § 43.0503]

Proof of service by publication shall be by affidavit of the publisher to which affidavit shall be attached the notice clipped from a copy of the newspaper or publication in which the publication was made. If the publication was made by mailing, affidavit of the person mailing the notice, with a copy of the notice mailed, shall be made. In either event, affidavit of posting shall also be made by the person posting such notice in the front of the Court House. The affidavits required by this section must be made before a default can be taken.

History: 1962, PL 7-36.

Case Notes:

When personal service cannot be made upon a respondent in a divorce action within American Samoa, a petitioner may apply for an order authorizing issuance of a notice for service by publication, supported by an affidavit or another acceptable, verified statement of nonresidency or unknown residency. A.S.C.A. §§ 43.0501-43.0504; T.C.R.C.P. 4(e). Pula v. Pula, 24 A.S.R.2d 151 (1993).

When a petitioner files an affidavit that personal service cannot be made upon a respondent in a divorce action within American Samoa, due to nonresidency or unknown residency, service of process may be made by publication or registered mailing. A.S.C.A. §§ 43.0501-43.0504; T.C.R.C.P. 4(e), 12(a). Pula v. Pula, 24 A.S.R.2d 93 (1993).