In what situation is 'service by publication' most likely used?

Service by publication is primarily used in situations where the defendant cannot be located despite reasonable efforts to find them. This method is utilized to ensure that a legal notification reaches individuals who are elusive or whose whereabouts are unknown. By publishing a notice in a newspaper or another designated publication, the court aims to provide legal notice that would have been given directly if the defendant were reachable.

This approach balances the need for a fair legal process with the practical challenges of reaching certain individuals. It allows the court to proceed with matters even when personal service is not possible, thereby preventing individuals from evading their legal responsibilities by simply staying out of sight.

In contrast, scenarios such as a defendant being easily reachable, living out of state, or being incarcerated do not necessitate service by publication. Those situations typically allow for other methods of service, such as personal service or even serving at the last known address, as they do not present the same challenges in locating the defendant.