§ 2010.Evidence of publication
Title 3. Of the Production of Evidence · Chapter 3. Manner of Production · Article 2. Affidavits · Enacted 1872 · no amendments on record · Last verified July 29, 2026
Full Text of § 2010
Plain-English Summary
Some notices, a summons served by publication, for instance, or a notice a court orders published, only satisfy the law once they run in a newspaper. This section supplies the standard way to prove that happened. The affidavit of the newspaper's printer, or the printer's foreman or principal clerk, stands as evidence of publication, so long as it is attached to a copy of the document or notice as it was printed and specifies the dates of publication and the name of the paper.
The rule keeps the proof grounded in the people responsible for putting the notice into print, rather than requiring the party who obtained the publication to somehow verify it independently. Attaching the printed copy lets a court compare what the affidavit describes against the notice itself.
Frequently Asked Questions
Who can sign the affidavit proving a notice was published?
The printer of the newspaper, or the printer's foreman or principal clerk.
What must the publication affidavit include?
A copy of the document or notice as published, along with the dates of publication and the name of the newspaper.
Why does the law require proof of publication at all?
Because some legal notices, such as service of a summons by publication, are only effective once they run in a qualifying newspaper, and a court needs reliable proof that they did.
What happens to this affidavit once it is signed?
Section 2011 sets out where it must be filed and gives the filed original, or a certified copy, prima facie evidentiary effect.
Amendment History
(Enacted in 1872.)