Rule 1.311.Known defendants

Publication alone is not the whole story when the defendant's identity is known. Rule 1.311(1) requires that a copy of the published notice also be sent by ordinary mail to the party's last-known mailing address — unless the plaintiff or the plaintiff's attorney files an affidavit stating that no address is known despite diligent inquiry to find one. That mailing has to happen at least 20 days before the date set for a motion or answer, giving the defendant real time to respond even though service came through publication.

Proof matters here as much as the mailing itself. An affidavit must establish that the notice was mailed, or, if no address could be found, that diligent inquiry was made to locate one, and that affidavit must be filed before judgment or a decree is entered. The court itself has to make a finding, in the judgment or decree or before it, confirming either that the address used was the party's last-known address or that none could be found after diligent inquiry — a safeguard that keeps a default from resting on an unverified assumption about where the defendant could be reached.