Strict Liability
Serving a summons or other legal document in a lawsuit on a defendant by publishing the document in an advertisement in a newspaper of general circulation. service by publication is used to give “constructive notice” to a defendant who is intentionally absent, in hiding, unknown (as a possible descendant of a former landowner), and only when allowed by a judge’s order based on a sworn declaration of the inability to find the defendant after “due diligence” (trying hard). service by publication is commonly used in a divorce action to serve a spouse who has disappeared without leaving a forwarding address or to give notice to people who might have a right to object to a “quiet title” action to clear title to real property.
