Rules of Civil Procedure, Rule 4D allows for personal service. (a) In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so. Rules of Civil Procedure, Rule 4(d) allows for personal or residence service. Service of the summons and complaint or other process or other documents to be served may be made by certified mail or its equivalent which shall be any form of mail requiring a signed receipt, and shall be made in the manner prescribed by Rule 4.2(b)(1). Law by jurisdiction. Rules of Civil Procedure, Rule 7(D)(2) allows for either personal, residence, office, or registered or certified mail service. Service shall be complete at the date of the last publication. Service in a foreign country under this rule shall include service by certified mail or some equivalent thereof requiring a signed receipt, tender by a process server, letters rogatory, service in the manner prescribed by the law of the foreign country, and service as directed by order of the court, and, each of the foregoing methods of service shall be deemed to confer in personam jurisdiction. requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. If the return receipt shows failure of delivery, the clerk shall forthwith notify, by mail, the attorney of record, or if there is no attorney of record, the party at whose instance process was issued. Adoption of Regulation 3.9. In addition, Rule 4(c)(1) allows for service by first-class mail, postage prepaid, together with two copies of a notice and acknowledgment of receipt of summons and complaint, and a return envelope, postage prepaid, addressed to sender. endstream endobj 25 0 obj <> endobj 26 0 obj <> endobj 27 0 obj <>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 28 0 obj <> endobj 29 0 obj <> endobj 30 0 obj <> endobj 31 0 obj [/ICCBased 37 0 R] endobj 32 0 obj <> endobj 33 0 obj <> endobj 34 0 obj <> endobj 35 0 obj <> endobj 36 0 obj <>stream Upon the filing of the affidavit the clerk shall direct that service of notice be made by publication in a newspaper of general circulation in the county in which the complaint is filed. The party seeking issuance of a subpoena for production or inspection shall serve a notice to every other party of the intent to serve such subpoena upon the expiration of fifteen (15) days from the service of the notice and the proposed subpoena shall be attached to the notice. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. JOE DOAKS123 Main Street Anywhere, Alabama Attorney for Mary Doe. Rules of Civil Procedure, Rule 1-004(F) allows for personal or residence service. Note from the reporter of decisions: The order amending Rule 1.1, Rule 1.2(c), Rule 4.2, and Rule 4.3, Alabama Rules of Professional Conduct, and amending Rule 11, Alabama Rules of Civil Procedure, and adopting Rule 87, Alabama Rules of Civil Procedure, is published in that volume of Alabama Reporter that contains Alabama cases from __ So. If a written request is filed with clerk, Rule 4.1(c) allows service by certified mail, restricted delivery. Effective November 10, 2020. Effective September 20, 2018, Amendment to Rule 26(b)(1), 26(b)(2), 26(c), and Rule 37(g), and adoption of the Committee Comments. Note: The information related to the service of court process that is contained on this web site is general information and not intended to be an exhaustive or definitive explanation or depiction of Federal rules of procedures for the service of process. Alternative to Publication in Certain Domestic Proceedings. Amendment to Rule 32, associated forms, and Adoption of Committee Comments to the Amendment to Rule 32. How Served. NOTICE OF DIVORCE ACTIONJohn Doe, whose whereabouts is unknown, must answer Mary Does petition for divorce and other relief by July 1, 1975, or, thereafter, a judgment by default may be rendered against him in Case No. When the plaintiff files a written request with the clerk for service by delivery by a process server, service of the process and accompanying documents may be delivered to a person as set forth in subparagraph (a) of this rule by a person designated by order of the court to make service of process. application/pdf In addition, 60-303(c) allows for certified mail, restricted delivery, or other personal delivery service. (a) Summons or other process. Residence Known; When Publication Appropriate. Adoption of Rule 87, Amendment to Rules 6(dc), 12(dc), 52(dc), 55(dc), 59(dc) and 62(dc), Amendment to Rules 1(a), 45(b)(1) and 82(d)(3). Effective March 25, 2021, Amendment to Rule 23. Effective June 10, 2019, Amendment to Rule 2.3, 4.3, 4.4, and 7.4. uuid:69535507-c727-4738-97c7-b72ab5cef1ba be published at least once a week for four successive weeks. Effective June 15, 2018, Amendment to Rule 3(a), Rule 3(d), Rule 3(e), Rule 12(a), Rule 35A(a)(1) and Rule 35A(b). In the event of failure of service, the clerk shall forthwith notify, by mail, the attorney of record or if there is no attorney of record, the party at whose instance process was issued. Alabama Rules of Civil Procedure General Provisions Rule 82 - Jurisdiction and venue Ala. R. Civ. Confidentiality of Proceedings Rule 6. P. Petitions for a writ of certiorari seeking review of a decision of the Alabama Court of Civil Appeals, when no application for rehearing was filed, are required . Rules of Civil Procedure, Rule 4.03 allows for personal or residence service. If no acknowledgment is received within 20 days, must attempt personal service. Effective July 1, 2016, Amendment to Rule 45(b)(1) Appendix A and Appendix B. Rules of Civil Procedure, Rule 56.1 allows for personal or residence service. (b) Venue of actions. After the last publication, the publisher or the publishers agent shall file with the court an affidavit showing the fact of publication together with a copy of the notice of publication. Alabama Rules of Civil Procedure II. Amendment to Rule 404(b), Alabama Rules of Evidence, and the adoption of the Advisory Committee's Notes thereto. Motions under this rule must be in writing and must state with particularity the grounds of the motion. 2010-03-25T10:26:35-05:00 (B) Subject to paragraph (d) (2) of this rule, a person commanded to produce and permit inspection and copying at any time before the time specified for compliance may serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. 24 15 Effective immediately, Amendment to Rule 8.3 Effective August 1, 2011, Amendment to Rules 1.1, 1.2(c),4.2 and 4.3, Amendment to Rule 1.15(e). State law; Uniform laws; Federal law; World law; Lawyer directory; Legal encyclopedia. state the name of the court from which it is issued; and, state the title of the action, the name of the court in which it is pending, and its civil action number; and, command each person to whom it is directed to attend and give testimony or to produce and permit inspection and copying of designated books, documents or tangible things in the possession, custody or control of that person, or to permit inspection of premises, at a time and place therein specified; and. ! startxref Have a question about government services? The subpoena may give the recipient an option to deliver or mail legible copies of documents or things to the party serving the subpoena, but the recipient may condition the preparation of copies on the payment in advance of the reasonable cost of making such copies. The clerk shall forthwith enter the fact of mailing on the docket sheet of the action and make a similar entry when the return receipt is received. There shall be no objection to the service of process or notice to litigants, that two or more modes of service of notice are provided by law or under these rules; but service of notice perfected in any one manner or mode which is provided for by law or under these rules shall be deemed sufficient, notwithstanding other modes or manner of service and notice are provided by law or under these rules. A subpoena may be served by the sheriff, a deputy sheriff, or by any other person who is not a party and is not less than eighteen (18) years of age. The filing of an application for rehearing in the Alabama Court of Civil Appeals is not a prerequisite for certiorari review in the Alabama Supreme Court. Superior Court Civil Rules, Rule 4(e) provides for personal or residence service if there is no waiver of service. Rule 7(b)(1). Federal Rules of Appellate Procedure; Federal Rules of Civil Procedure; Federal Rules of Criminal Procedure; Federal Rules of Evidence; Federal Rules of Bankruptcy Procedure; U.C.C. set forth the text of subdivisions (c) and (d) of this rule. The process shall notify the defendant that the time within which the defendant is required to appear shall begin to run on the third day after the date shown on the postmark on the envelope. Effect of Availability of Alternative or Dual Modes of Service of Process. Alabama practice has not permitted use of such evidence. Effective January 1, 2018, Amendment to Rules 26(e), 27(j), and 30(b). Amendment to Rule 4 and Adoption of the Comment to Rule 4, effective April 4, 2020. The party serving the notice may move for an order under Rule 37 (a) with respect to such objection. 0000001050 00000 n COMPARISON WITH FORMER ALABAMA CODE OF PROFESSIONAL RESPONSIBILITY. Jury Duty Age 70 CaliforniaYou may contact Jury Administration at 909-884-1858 or 1-866-402-JURY (5879). Superior Court Rules, Rule 4(d) allows for personal or residence service. Effective immediately. P. Effective February 2, 2023. Simply stated, our mission is to be the most successful judicial system in the nation. When Proper. h|YrF+z VQ0Y9q*j,Z@Sj8 (Ew@v*D8s~xn'g,CIW8 >N$g%EQ%FEoC{?Wnnq-1o?f5V^u#!_T3Yuw2F|^9=z_7MFM;lum'qQ\9-{//?OnHn`&"#e'}s"$91,qq^-CwS:vgH$'S({Z~+,6=PW[SKR2j`zz"=Los&Ic^]#7fxjp`g^tOp:~|2"LgNG1rv\8dRz}BGvb@iBHa%pa^ I)>A?IVL)O'yd'ID,I_<0iDm O=[slWOB (1) Issuance. Service of the summons and complaint or other document to be served may be made as directed by the foreign authority in response to letters rogatory when service is calculated to give actual notice. In addition, Rule 4:4-4(c) allows for either registered, certified, or ordinary mail service, which is effective only if the party serves answers or otherwise appears in response to the lawsuit. Effective May 1, 2022. Service herein may be made by any person not less than eighteen (18) years of age who is not a party and who has been designated by order of the court. 0000003570 00000 n Service by certified mail shall be deemed complete and the time for answering shall run from the date of delivery of process as evidenced by the return receipt. Effective April 1, 2020. Alabama Rules of Civil Procedure III. 893 (1939). Unless otherwise requested or permitted by these rules, service of process within this state shall be made by delivery by a process server. A link to the complete set of each Rules is also provided. Equity Rule 63. In the case of an organization, this Rule prohibits communications by a lawyer for one party concerning the matter in representation with persons having a managerial responsibility on behalf of the organization, and with any other person whose act or omission in connection with that matter may be imputed to the organization for purposes of civil or criminal liability or whose statement may constitute an admission on the part of the organization. Order Any other party shall have the right to be present at the time of compliance with the subpoena. Rules of Civil Procedure, Rule 4(d) allows for either personal, residence, or registered or certified mail, restricted delivery, or other personal delivery service. Effective May 01, 2021, Adoption of the Committee Comments to Rule 64A, Alabama Rules of Civil Procedure. Investigations Rule 7. If no acknowledgment is received within 20 days, must attempt personal service. Compare Rule 3.4(d). Effective August 1, 2015, Amendment to Rules 3(d)(1), 11(c), 39(d)(4) and 57(j)(1). Code of Civil Procedure, Article 1232 allows for personal service. (Adopted 10/14/76, eff. If an agent or employee of the organization is represented in the matter by his or her own counsel, the consent by that counsel to a communication will be sufficient for purposes of this Rule. TD'c]Y|'wEB3_t ]{gr!_s7u}R]uU=e"3L|_}D$$?Etl~/. The court may allow a shorter or longer time. Rules of Civil Procedure, Rule 4.1 allows for either personal, residence, or certified, or express mail service. Effective November 8, 2019. Effective February 26, 2020. Amendments to Rules 1, 2, 3, 5, 5.1, 6, 8, 8.1, 12, 13, 14, 15, 18, 20, 24, 26, 28, and 31. PLEADINGS AND MOTIONS IV. A person has sufficient contacts with the state when that person, acting directly or by agent, is or may be legally responsible as a consequence of that persons: This term person as used herein includes an individual, that persons executor, administrator, or other personal representative, or a corporation, partnership, association, or any other legal or commercial entity. When a defendant is a domestic corporation or a foreign corporation having one of its principal places of business in this state and the process server has endorsed the fact that the process cannot be served because of the failure of the defendant to elect officers or appoint agents, or because of the absence of officers or agents from the state for a period of thirty (30) days from the filing of the complaint or because the officers or agents are unknown, then such defendant shall be deemed to have avoided service and the court may, on motion, order service on such defendant to be made by publication. Adoption of Rule 33, Ala. R. Juv. ^LE&k+\98. If no acknowledgment is received within 20 days, must attempt personal service. Note from the reporter of decisions: The order amending Rule 1.15 and the Comment thereto and Rule Rule 4.2, Alabama Rules of Professional Conduct, is published in that volume of Alabama Reporter that contains Alabama cases from __ So. Effective July 1, 2014. Effective April 11, 2018, Amendment to Rules Rule 3(c), Rule 9(c), Rule 10(c), Rule 11(c), Rule 12, Rule 20(d), Rule 27(d), Rule 28(j), and Rule 30(a)(1). 0000002774 00000 n (dc) District Court Rule. Adoption of Rule 8.1. Also, parties to a matter may communicate directly with each other and a lawyer having independent justification for communicating with the other party is permitted to do so. Rule 45 applies in the district courts. P. Effective April 1, 2022. If no acknowledgment is received within 20 days, must attempt personal service. Alabama Rules of Civil Procedure Commencement of Action; Service of Process, Pleadings, Motions, and Orders Rule 4.1 - Service of other process Ala. R. Civ. (1) Issuance. Puerto Rico Laws, Title 32, App. Unless otherwise requested or permitted by these rules, service of process outside this state shall be made by certified mail. Process other than a summons as provided in Rule 4 or subpoena as provided in Rule 45 shall be served by a sheriff or constable, or a person November 4, 2016 Posted by Jeremy W. Richter Rules of Civil Procedure. (2) Attempt to determine whether the opposing party. Rules of Civil Procedure, Rule 4.1(d) provides for either waiver of service, personal service, or residence service. Amendment to Rules 5(e), 21(d), 27(d), 28(a), 28(j), 28A(c), 28B,, 32, 39(d), 40(f), and 40(g). There is no upper age limit for jurors at the state or federal level; courts only require that jurors be 18 years of age or older. Court of Common Pleas Civil Rules, Rule 4(f) provides for personal or residence service. Effective December 3, 2018. Process: Methods of in-state service. Effective August 1, 2015, Amendment to Rules 32 (b)(4), 5(b), 5(d), 39(e). This Rule is substantially identical to DR 7-104(A)(1). xb```f``Zxb 1rV33X[i[$m-nn5xveRdAc Ri &!(f`Pfa$+d$G`7O2$0C. GENERAL RULES OF PLEADING. all of the known addresses of the defendant for the preceding two years or, if the defendants whereabouts have been unknown for said period, the last known address of the defendant and, if known, the address of defendants next-of-kin or some other person who may know the defendants whereabouts. 415.30 provides for service by first-class mail postage prepaid, together with two copies of a notice and acknowledgment of receipt of summons and complaint, and a return envelope, postage prepaid, addressed to sender. Procedure, is appealable as a matter of right pursuant to Rule 71B, Alabama Rules of Civil Procedure, and any appeal from such an order must be taken within 42 days (6 weeks) of the date of the entry of the order granting or denying such motion, or within the time allowed by an extension pursuant to Rule 77(d), Alabama Rules of Civil Procedure . (dc) District Court Rule. . Amendment to Rule 13. @ G5\f&t5C5r1,Y#3i. All process may be served anywhere in this state and, when authorized by law or by these rules, may be served outside this state. Service within this state under this rule shall include delivery by a process server and service by certified mail; and each of the foregoing methods of service shall be deemed to confer in personam jurisdiction. 6/20/89; Amended eff. Effective June 1, 2010, Adoption of Rule 56. 1/16/77; amended effective 10/1/95.). Effective December 30, 2021. 0000002280 00000 n In no event shall an in personam judgment be entered on service by publication except as provided in subparagraph of this rule. Our Justices, Judges and staff share the sentiments of former United States Chief Justice Earl Warren when he stated that, "The success of any legal system is measured by its fidelity to the universal ideal of justice." Rules of Civil Procedure, 4.04 allows for personal or residence service. Rule 4.1. Effective October 29, 2014, Amendments to Rules 9(a) and 9(b). Amendment to Rules 4, Rule 4.2, and Rule 5, and recission of Rule 4.1. Effective January 12, 2015, Amendment to Rule 8(a) and (b), 10(a) and (b), 17(f), 18, 26(h)(2), 28(e), and Appendix A. PScript5.dll Version 5.2 Service by mail pursuant to this subparagraph shall be deemed complete on the third day after mailing and the time for answering shall run from said third day after mailing. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS III. Effective October 1, 2010, Amendment to Rule 21(a)(1)(E). Article 1234 allows for residence service. Effective January 30, 2020. General Statutes 52-57 allows for personal or residence service. 24 0 obj <> endobj The clerk shall place a copy of the process and complaint or other document to be served in an envelope and shall address the envelope to the person to be served at that persons last known address with instructions to forward. Effective May 3, 2021. Style of Proceedings and Process Rule 4. Effective June 1, 2018. A copy of the complaint or other document to be served shall be attached to each summons or other process. @,H3= I' If personal service is unsuccessful, registered or certified mail, restricted delivery service is allowed. Commencement of action; service of process, pleadings, motions, and orders. If no acknowledgment is received within 20 days, must attempt personal service. After the entry of judgment, if the plaintiff is able to obtain service on a defendant or defendants not previously served (except, however, defendants designated as fictitious parties as allowed by Rule 9(h), who shall be deemed to have been dismissed voluntarily when the case was announced ready for trial against other defendants sued by their true names), the court shall hear and determine the matter as to such defendant or defendants in the same manner as if such defendant or defendants had originally been brought into court, but such defendant or defendants shall be allowed the benefit of any payment or satisfaction which may have been made on the judgment previously entered in the action. If the party serving the subpoena obtains copies of documents or things, that party shall make available a duplicate of such copies at the request of any other party upon the payment of the reasonable cost of making such copies. Effective September 20, 2018. Rule 4.3 applies in the district courts. Effective October 5, 2018. On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it. Effective July 11, 2022. P. 4.2 Download PDF As amended through January 5, 2023 Rule 4.2 - Process: Basis for and methods of out-of-state service (a) In-state service. Rules of Civil Procedure, Rule 4(d) allows for personal or residence service. xref In this rule, as throughout the rules generally, the parties are allowed 30 days for responsive pleadings, in accord with present Alabama practice, rather than the 20 days permitted by the Federal Rules and similar state rules. If no acknowledgment is received within 20 days, must again attempt personal service. Contempt Rule 9. The clerk shall affix adequate postage and place the sealed envelope in the United States mail as certified mail return receipt requested with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered. A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Probate Court : Civil and Criminal Case Files, 1852-1887: Series 373: Civil and criminal case docket books, 1852-1887: Series 3944: Civil and criminal case minute book, 1860. Rules of Trial Procedure, Rule 4.1(A) allows for personal, residence, or registered or certified mail service. 0000003259 00000 n S=94-Nd Make your practice more effective and efficient with Casetexts legal research suite. Effective January 30, 2020. reference in Rule 4.3 to service of process by publication in a domestic relations case has no bearing in view of the unavailability of that jurisdiction in the district courts. Definitions Rule 2. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. Serve as used herein means mailing to the party or attorney. PLEADINGS AND MOTIONS Rule 8. Such notice may be served without leave of court upon the expiration of forty-five (45) days after service of the summons and complaint or other mode of service under Rule 4-Rule 4.4 upon any defendant, except that leave is not required within the forty-five- (45-) day period if a defendant has previously sought discovery. Rules of Civil Procedure, Rule 4(d) allows for either personal, residence, or registered or certified mail, restricted delivery service. In addition, Rule 1-004(E) allows for service by first-class mail, postage prepaid, together with two copies of a notice and acknowledgment of receipt of summons and complaint, and a return envelope, postage prepaid, addressed to sender. Effective January 1, 2022, Amendment to Rule 702 Appendix A, B and C. Effective January 1, 2012, Amendments to Rules 404(a), 405(a), 407, 408, 412, 510, 608(b), 703, 801(d), 803(6), 804(b) and 1103. This rule does not supersede specific procedure for publication as set forth in certain statutes governing special proceedings (e.g., attachment, in rem action to quiet title) and, in such proceedings, the specific statutory procedure for publication and all other requirements appearing therein shall govern except to the extent that subparagraph (b) of this rule may be applicable. When process issued from any court subject to the provisions of these rules is to be delivered personally, the clerk of the court shall deliver or mail the process and sufficient copies of the process and complaint, or other documents to be served, to the sheriff or constable of the county in which the party to be served resides or may be found. Protection of persons subject to subpoenas. The court may order notice of a motion under Rule 60(a) to be given, as is already true in Alabama in equity. prescribe general rules of civil procedure for the district courts. To a claim, whether legal or equitable, against a defendant who avoids service of process as described in subparagraph of this rule. Effective May 1, 2022. When service of process by publication in domestic proceedings is otherwise proper under this rule and the affidavit made necessary by subparagraph (d)(1) of this rule has been filed, service of process may be made by first class mail in lieu of publication when the party requesting such service has also filed an affidavit setting forth. In a divorce action, publication of a notice in substantial compliance with the following form shall be deemed sufficient: substantial hardship in the payment of the cost of publication and. All service of process within this state shall be made as provided in this rule except when service by publication is available pursuant to Rule 4.3. Amendment Rule 27(a), Rule 27(d), and Rule 32(b)(5), Alabama Rules of Appellate Procedures. 0000002809 00000 n The United States Congress is the legislature of the federal government of the United States.It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate.It meets in the U.S. Capitol in Washington, D.C. The clerk shall enter the fact of mailing on the docket sheet of the action. Adoption of Rule 32.7(e), Amendment to Rule 7.2(b). In addition, Rule 4.05 allows for service by first-class mail, postage prepaid, together with two copies of a notice and acknowledgment of receipt of summons and complaint, and a return envelope, postage prepaid, addressed to sender. 38 0 obj <>stream P. and the Committee Comments. Amendment to Rules 2(b), 5(b)(2), 21(a)(1)(F), and 28B. Effective April 1, 2015, Amendment to Rules 4, I (C), Effective 10/01/2016, Amendment to Rule 32(B)(9). Effective January 1, 2017, Amendments to Rules 4.2(b) and 28(c). Amendment to Rule 14. Business law . Rule 4. Effective October 1, 2020. 1/16/77) Committee Comments See Committee Comments following Rule 4.4. 0000000596 00000 n Florida Statutes, 48.031 allows for personal or residence service. uuid:81c1abeb-0244-496f-8741-a05e65245a4c Service of the summons or other process and complaint or other document to be served may be made by delivery by a process server in the manner prescribed by Rule 4.2(b)(2), provided that either the court in which the action is pending or a foreign court may designate the person to make service of process. (D) Availability of Copies of Documents. Service of the summons and complaint may be made in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction when service is calculated to give actual notice. A link to the complete set of each Rules is also provided. The plaintiff shall furnish the clerk with sufficient copies of the complaint or other document to be served. In the event of service by certified mail, the clerk shall place a copy of the process and complaint or other document to be served in an envelope and shall address the envelope to the person to be served with instructions to forward. contain a summary statement of the object of the complaint and demand for relief; notify the person to be served that that person is required to answer within thirty (30) days after the last publication on or before a date certain specified in the notice which said date shall be thirty (30) days after the last publication; and. Subpoenas and Other Process Rule 8. The court from which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney fee. When the residence of a defendant is known and the action is one in which service by publication is permitted, service of process must first be attempted by one of the methods of service other than publication as is provided by Rule 4.1, if the defendant is a resident of this state, or Rule 4.2, if the defendant is not a resident of this state or is a resident of this state who is absent from the state, or Rule 4.4, if service on the defendant is to be effected in a foreign country.
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