Proof of Service via Facebook

[Geyser12]

What is the name of your state (only U.S. law)? OR

Stalking complaint was filed, and a temporary restraining order issued. Summons were never personally served and I believe never even attempted, so I wanted to find out about the Affidavit of Proof of Service and was told service was done via Facebook. A post on the respondents Facebook page was never made. Once I get the court file I hope to more specifics, as I am extremely curious as to where this post was made to be an acceptable form of service.

Would they have to attempt to serve him in person before issuing an alternative method of service? Or,can this alternative service be acceptable due to a history of the respondent being able to evade authorities?

I have heard of mail, newspaper, ect. being acceptable. Keep in mind I am not arguing this matter, but seeking case law or established cases or documentation where this, (or twitter post) are now considered accept forms of service and any established law (even anywhere in the US) that outlines the procedure for these types of service.

All help is appreciated.

 

[Proserpina]

What is the name of your state (only U.S. law)? OR

Stalking complaint was filed, and a temporary restraining order issued. Summons were never personally served and I believe never even attempted, so I wanted to find out about the Affidavit of Proof of Service and was told service was done via Facebook. A post on the respondents Facebook page was never made. Once I get the court file I hope to more specifics, as I am extremely curious as to where this post was made to be an acceptable form of service.

Would they have to attempt to serve him in person before issuing an alternative method of service? Or,can this alternative service be acceptable due to a history of the respondent being able to evade authorities?

I have heard of mail, newspaper, ect. being acceptable. Keep in mind I am not arguing this matter, but seeking case law or established cases or documentation where this, (or twitter post) are now considered accept forms of service and any established law (even anywhere in the US) that outlines the procedure for these types of service.

All help is appreciated.

Well if nothing else, I can give you enough legalese to put you to sleep.

http://www.oregonlegislature.gov/bills_laws/Pages/orcp.aspx

Scroll down to Rule 9.

 

[quincy]

Service by publication used to mean almost exclusively publication in a newspaper local to the defendant. Increasingly, and possibly because of the decline in traditional newspaper readership, publication is made online.

This has been done in "John Doe" (anonymous defendant) online cases of defamation for a few years now. The summons is often published on the website where the defamatory material appears.

Oregon's Rule 9 indicates that "Summons shall be served ... in any manner reasonably calculated ... to apprise the defendant of the existence and pendency of the action ..."

When there is service other than personal service of a summons, there needs to be a court order - issued when the court is given proof that service by traditional means has been attempted and has, for some reason, been frustrated.