§ 15-15-4.1 - Return of service/alternate service.
SECTION 15-15-4.1
§ 15-15-4.1 Return of service/alternateservice. – (a) The complaint and any order issued under this chapter shall be personallyserved upon the defendant by a sheriff except as provided in subsections (c),(d) and (f) of this section. Service shall be made without payment of any feewhen service is made by a sheriff. At the election of the plaintiff, service,pursuant to the subsection, may also be made by a constable authorized to serveprocess of the family court pursuant to § 45-16-4.3. The constable shallbe entitled to receive the fee allowed by law for the service of a family courtsummons. Where the defendant is a minor, the complaint and any order issuedunder this chapter shall also be personally served upon a parent or guardian ofthe minor.
(b) Return of service shall be forwarded by the sheriff orconstable to the clerk of court prior to the date set down for a hearing on thecomplaint. If service has not been made, the sheriff or constable shallindicate on the summons the reason and the attempts made to serve the defendant.
(c) At the time the return of service is sent to the clerk ofthe court, the sheriff or constable shall cause a copy of the return of serviceto be sent to the plaintiff and to the appropriate law enforcement agency.
(d) If, at the time of the hearing on the complaint, thecourt determines that after diligent effort the sheriff or constable has beenunable to serve the defendant personally, the judge may order an alternatemethod of service designed to give reasonable notice of the action to thedefendant and taking into consideration the plaintiff's ability to afford themeans of service ordered. Alternative service shall include, but not be limitedto: service by certified and regular mail at defendant's last known address(excluding the residence which he or she has been ordered to vacate) or placeof employment, leaving copies at the defendant's dwelling or usual place ofabode with a person of suitable age and discretion residing at the defendant'sdwelling or usual place of abode, or by publication in a newspaper for two (2)consecutive weeks. The court shall set a new date for the hearing on thecomplaint and shall extend the temporary order until that date.
(e) If the defendant appears in person before the court, thenecessity for further service is waived and proof of service of that order isnot necessary.
(f) If the defendant is served notice regarding the complaintand hearing, but does not appear at the hearing, the clerk of the family courtwill mail the defendant a copy of the resulting order.