§ 8-8.1-4.2 - Return of service – Alternate service.
SECTION 8-8.1-4.2
§ 8-8.1-4.2 Return of service –Alternate service. – (a) The complaint and any order issued under this chapter shall be personallyserved upon the defendant by a sheriff or constable except as provided insubsections (c), (d), and (f) of this section. Service shall be made withoutpayment of any fee when service is made by a sheriff. At the election of theplaintiff, service pursuant to this subsection may also be made by a constablelicensed to serve process of the district court pursuant to § 45-16-4.1.The constable shall be entitled to receive the fee allowed by law for theservice of a district court summons.
(b) Return of service shall be forwarded by the sheriff orconstable to the clerk of court prior to the date set down for hearing on thecomplaint. If service has not been made, the sheriff or constable shallindicate on the summons the reason therefor and the attempts made to serve thedefendant.
(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 hearing on the complaint, the courtdetermines that after diligent effort the sheriff or constable has been unableto serve the defendant personally, the judge may order an alternate method ofservice designed to give reasonable notice of the action to the defendant andtaking into consideration the plaintiff 's ability to afford the means ofservice ordered. Alternative service shall include but not be limited to: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 therein, or bypublication in a newspaper for two (2) consecutive weeks. The court shall set anew date for hearing on the complaint and shall extend the temporary orderuntil 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 districtcourt shall mail the defendant a copy of the resulting order.