Rule 1.314.Proof of publication
Division III: Commencement of Actions · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.314
Plain-English Summary
Publication only works as service if the court can confirm it happened the way the rules require. Rule 1.314 makes that confirmation a precondition to a default: before default can be taken against a party served by publication, proof of the publication must be filed with the court, and that proof must be sworn to by the newspaper's publisher or one of its employees.
This requirement closes the loop on Rule 1.313's publication schedule — a plaintiff cannot assume the newspaper ran the notice as planned and move straight to default. Someone with firsthand knowledge of the publication has to swear to it first.
Frequently Asked Questions
What has to be filed before a default judgment can be entered on published service?
Proof of publication, sworn to by the publisher or an employee of the newspaper, under Rule 1.314.
Who can swear to the proof of publication?
The publisher of the newspaper or an employee of the newspaper.
Can a default judgment be entered without filing proof of publication first?
No. Rule 1.314 requires that proof of publication be filed before default is taken.
Does the publisher personally have to sign the proof?
No — either the publisher or an employee of the newspaper can swear to it.
When should proof of publication be filed relative to the default?
Before default is taken, since the rule makes filing the proof a precondition to entering default.