Miles v. McClung

I must respectfully dissent from the basis for the conclusion of the majority in this case. That is, in order for a plaintiff to obtain service by publication against a nonresident defendant as defined by Rule 4.2, ARCP, it is necessary that two affidavits be made and that one affidavit must comply with Rule 4.3 (d)(1) and allege facts indicating culpable avoidance of service by certified mail.

I will agree that Rule 4.2 (b)(1)(C) may tend to mislead. It reads as follows:

(C) Failure of delivery. If the return receipt shows failure of delivery, the clerk shall forthwith notify, by mail, the…