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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In an action filed in the Regional Trial Court, Plaintiff P sues Defendant D. The sheriff cannot locate D at D's last known address. After due attempts to serve the original summons, the clerk issues alias summons directed to D, to be served by publication in a newspaper of general circulation and by posting at D's last known residence and at D's place of business, if any. The alias summons is published in a newspaper of general circulation on two dates, June 1 and June 8, and a sworn process-server’s return states that copies of the alias summons were posted at the gate of D's last known residence on May 25 and at the entrance of D's place of business on May 28, and remained posted for 10 days at the residence and 7 days at the business location. A certificate of publication is attached. D did not appear, and a default judgment was entered. D moves to set aside the judgment on the ground that alias summons was not properly proven. a)Identify the controlling rule and the form of proof required for a valid service of alias summons. b)Based on the facts, has the alias summons been properly proven and did it confer jurisdiction over D? Explain. c)If the service is defective, what remedies are available to challenge or cure the judgment?

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Clara

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