The idea behind legal proceedings is that your giving the otherside notice.  Summons by Publication many times occur in a domestic relations matters, divorce, custody, guardianship matters and things of that nature.  Generally, it is where a spouse cannot be found. The idea is that if you can’t find the other spouse you are supposed to give something that is called “Constructive Notice”.  This is if someone is either trying to be difficult to find in hiding, intentionally absent or what have you.  It assumes that the otherside will receive notice even when it is not delivered in person.

There are strict requirements in terms of the court’s permission to do a Summons by Publication.  You have to have it in a local newspaper with certain time frames given and then after having it served in the newspaper you have to have it with a return of service like an Affidavit confirmation that it was circulated in the newspaper.