What option may be used after reasonable diligence if the defendant cannot be located?

• A. Stop attempts and wait for the court to intervene.
• B. Substituted service or service by publication.
• C. Serve only by email notice.
• D. File a motion to dismiss the case.

Answer: (B)

When you can’t locate the defendant after reasonable diligence, you switch to methods that still ensure the defendant gets actual notice. Substituted service and service by publication are the two recognized options to accomplish that.

Substituted service allows you to hand the summons and complaint to a suitable adult at the defendant’s usual residence or place of business, or to someone in charge at that location. You must show the court, by an affidavit or filed documentation, that you exercised reasonable diligence and that the person served is appropriate for receiving service (not a party to the case, and of suitable age and discretion). This method keeps the process moving when personal delivery to the defendant isn’t possible.

If locating the defendant remains impossible after those efforts, service by publication becomes available. This involves publishing a notice in a newspaper of general circulation in the relevant area for a defined period. Again, you must show you have attempted to locate the defendant and follow the required steps, and the court may require formal authorization or specific publication standards.

The other options aren’t appropriate in this context. Waiting for the court to intervene after you’ve halted attempts isn’t a proper approach because the rules require you to pursue proper service methods. Email notice isn’t a valid substitute for service of process in most cases. Filing a motion to dismiss would not be the correct remedy simply because the defendant can’t be located; the proper route is to pursue substituted service or publication to achieve notice and proceed.