To serve the Rule in person, someone, usually a constable from the Magistrate's Court, must make two in person attempts. The Rule can be served either on you or on another occupant living in the dwelling unit, like a child who is at least 16 years old, a spouse, or an adult roommate.
If no one is present for the first attempt, the process server must post the Rule on "the most conspicuous part of the premises." The process server will then return and made a second in person attempt.
The two attempts may not be done on the same day, or at the same time of day. For example, if the first attempt was at 8 a.m., the second attempt cannot be 8 a.m. If no one is served in person on the second attempt, the process server again must post the Rule again on "the most conspicuous part of the premises" along with documentation of when the two attempts occurred.
If you (or someone living in your dwelling unit) are served in person, your ten (10) days starts the day after you are served. In other words, you do not count the day you are served.
