Guam § 25112 - Summons; Service, and Proof of Service. Publication

§ 25112. Summons; Service, and Proof of Service. Publication

of Summons.

Within one (1) year after the filing of the complaint, as

required by the preceding section, a summons must be issued,

which shall contain the matters required by ' 407 of the Code of

Civil Procedure [see 2008 Comment], and in addition a

description of the property and a statement of the object of the

action. In said summons the said unknown defendants shall be

designated as in the complaint. Within thirty (30) days after the

issuance of the summons, the plaintiff shall post or cause to be

posted a copy thereof in a conspicuous place on the property. All

defendants residing in Guam, whose place of residence is known

to the plaintiff, shall be served personally. After service on all such

defendants has been made, the plaintiff, or his agent, or attorney,

shall make and file an affidavit wherein there shall be stated the

names of the defendants who have been served personally; the

names of the defendants who reside out of Guam, and their places

of residence, if known to the plaintiff; and the names of the

defendants residing in or out of Guam whose places of residence

are unknown to the plaintiff; and thereupon the court or judge

thereof shall make an order directing the said summons to be

served upon the defendants residing in or out of Guam whose

places of residence are known to the plaintiff, and upon the

defendants residing in or out of Guam, whose places of residence

are unknown to the plaintiff, and upon all the unknown defendants

as stated in the complaint and summons, by publication for one

(1) month on three (3) or more public bulletin boards, one (1) in

Agana and two (2) in the district where the property is located. A

copy of the summons and complaint, within ten (10) days after the

making of said order, properly addressed and with the postage

thereon fully prepaid, shall be mailed to each of the defendants

who resides outside of Guam, at his place of residence, if known,

and also to the defendants residing outside of Guam whose places

of residence are unknown to plaintiff, addressed to them in Agana.

All such unknown persons so served shall have the same rights as

are provided by law in cases of all other defendants named upon

whom service is made by publication, or personally, and the action

shall proceed against such unknown persons in the same manner

as against the defendants who are named upon whom service is

made by publication or personally, and with like effect; and any

such unknown person who has or claims to have any right, title,

estate, or lien or interest in the said property, cloud on the title

thereto, adverse to plaintiff, at the time of the commencement of

the action, who has been duly served as aforesaid, and any one

claiming under him, shall be concluded by the judgment in such

action as effectually as if the action were brought against the said

person by his or her name and personal service of process was

obtained, notwithstanding any such unknown person may be

under legal disability. Service shall be deemed complete upon the

completion of the publication.