In what situation might a process server need to file a motion for substituted service?

A process server might need to file a motion for substituted service when they are unable to locate the defendant for personal service. Substituted service is a legal procedure that allows the court to permit documents to be served in a manner other than direct delivery to the individual being served. This can occur if the process server has made multiple attempts to serve the documents personally but has been unsuccessful in finding the defendant at their known residence or workplace.

In situations where traditional methods of service have failed—such as when the defendant is evasive, has moved without leaving a forwarding address, or is otherwise difficult to reach—substituted service serves as a viable alternative to ensure that legal proceedings can continue. This method ensures that the defendant is still informed about the legal actions without necessitating personal contact, thereby balancing the need for due process with the practical limitations faced by the process server.

Other options for filing a motion for substituted service do not align with established legal practices. For instance, a request from the defendant does not automatically justify substituted service; the need must stem from an inability to serve them. Additionally, invalid documents and pending appeals do not directly relate to the need for substituted service in the context of locating a defendant.