Before service by publication, the prosecutor must file the request under oath to the court.

• A. True
• B. False
• C. The request must be made after service is completed
• D. The request must be made in writing to the court

Answer: (A)

When service by publication is used, you must obtain the court’s authorization through a sworn request. Filing a request under oath (typically supported by an affidavit) shows the court that you have diligently tried to locate the party and that publication is necessary to give notice. The court then reviews the sworn facts and, if appropriate, issues an order directing publication. Only after that order is issued may publication occur. So the statement is true: the request must be filed under oath with the court before service by publication. Writing a non-sworn request wouldn’t satisfy the requirement, and publication isn’t done after service has already occurred.