North Carolina § 46A-22 - Unknown or unlocatable parties; summons, notice, and representation.

§ 46A-22. Unknown or unlocatable parties; summons, notice, and representation.

If, at the time of or subsequent to the filing of the petition, the petitioner shows by affidavit or otherwise that the petitioner cannot after due diligence ascertain the name or location of a person that the petitioner is required to, or chooses to, serve under G.S. 46A-21(b), the court shall authorize service by publication under G.S. 1A-1, Rule 4. The notice by publication shall include a description of the property that includes the street address, if any, or other common designation for the property, if any, and may include the legal description of the property. Before or after the notice by publication, the court shall appoint a guardian ad litem under G.S. 1A-1, Rule 17, to represent any unknown or unlocatable person that the petitioner is required to, or chooses to, serve under G.S. 46A-21(b). History (1887, c. 284; Rev., s. 2490; C.S., s. 3218; 2009-512, s. 1; 2020-23, ss. 2(h), 3.) Editor's Note. - Session Laws 2009-512, s. 1, which inserted "or unlocatable" and "notice," in the section heading, inserted subsection (a) and (b) designations, added the second sentence in subsection (a), and, in subsection (zb), substituted "Before or" for "If," deleted "in its discretion" following "the court shall," and inserted "or unlocatable", was effective October 1, 2009, and applicable to partition actions filed on or after that date. This section is former G.S. 46-6 , as recodified by Session Laws 2020-23, s. 2(h), effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. The historical citation from the former section has been added to this section as recodified. The case notes for this section include decisions under the former section. Session Laws 2020-23, s. 18, made the rewriting of this section by Session Laws 2020-23, s. 3, effective October 1, 2020, and applicable to partition proceedings commenced on or after that date. Effect of Amendments. - Session Laws 2009-512, s. 1, effective October 1, 2009, and applicable to partition actions filed on or after that date, inserted "or unlocatable" and "notice," in the section heading; inserted subsection (a) and (b) designations; added the second sentence in subsection (a); and, in subsection (b), substituted "Before or" for "If," deleted "in its discretion" following "the court shall," and inserted "or unlocatable." Session Laws 2020-23, s. 3 rewrote the section. For effective date and applicability, see editor's note.