Summons by Publication

(a)Where the person on whom service is to be made has departed from Guam, and cannot, after due diligence, be found in Guam, or conceals himself to avoid the service of summons, or is a corporation having no officer or other person upon whom service may be served, or who, after due diligence, cannot be found in Guam, and the fact appears by affidavit to the satisfaction of the court, or a judge thereof, and it also appears by such affidavit, or by the verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action; or when it appears by such affidavit, or by the complaint on file, that it is an action which relates to, or the subject of which is real or personal property in Guam, in which such person defendant or corporation has or claims a lien or interest, actual or contingent, or in which the relief demanded consists wholly or in part in excluding such person or corporation from any interest therein, such court or judge may make an order that the service be made by the publication of the summons and by mailing the complaint and summons.

(b)Service by mail shall be by any kind of U.S. Postal Service delivery that provides for written proof of mailing, written proof of delivery and restricted delivery to the addressee only.

(c)The Guam Legislature intends the provisions of this 1997 Act to apply retroactively to confirm the power of the court to exercise jurisdiction over a nonresident defendant by authorizing service of process by mail and to validate any order made by the court before the effective date of this Act in which such service was authorized.