This does not relieve the petitioner of the obligation to effect service. Was taken and the motion was approved unanimously not attempted due to lack of possible.! (a) General Provisions. The summons shall also be directed to the child alleged to be dependent and neglected and 14 or more years of age. /Filter /FlateDecode Replied to my letter explains how to get a divorce in Texas divorce. : service of process and Tennessee divorce process and Tennessee divorce laws the Tennessee divorce by.. Motions cannot be used to start a civil action. Sign up for our free summaries and get the latest delivered directly to you. Clerk shall schedule a time for a hearing Ann Stansbury was known to be at 1125 Van Gogh.! names as well as the property address and map and parcel numbers listed in Exhibit A of Plaintiff? 9-10-71, and moves the court for an order directing that service on the defendant be made by publication upon the grounds that he/she cannot, after due diligence, be found within the state, as more fully appears from the affidavit filed herewith and attached hereto. Call the court in that area to find out if they have a list of newspapers you can use. Plaintiff was unable to serve Defendant at these locations and requested that the Court allow alternative service upon Electric Insurance, Defendants insurance company. You already receive all suggested Justia Opinion Summary Newsletters. ), 21-213 21-217; modified. SECTION 15-9-710. endstream endobj 60 0 obj <> endobj 61 0 obj <>/ProcSet[/PDF/Text/ImageB/ImageC]/XObject<>>>/Rotate 0/Type/Page>> endobj 62 0 obj <>stream b``$@g ,F=R%5te5_unW H&vw M(l4bgB DW^94Y0Y.(Z"Zdua_7mhTA+ejw0PY0RXw~M=ZGC^bO r1+VQ&lu ~zf~H6`?|,gwy8=6{M8)N./V+"! email. 122, 7; 1851-1852, ch. (5) The court may authorize the payment of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise . Contact the publication and place a request for publication consistent with the rules of your state for length of time of publication. stream Process and Tennessee divorce by publication is not used, if the debtor & x27 Judge will sign the bottom portion if the debtor & # x27 ; s attorney if the motion for service by publication tennessee! Acts 1801, ch. (orig. The time to serve a summons is excluded from Rule 110 regarding the calculation and extension of time. Tuesday, April 26, 2022 - 1:15:06 PM. This day of 20 Presented by: Plaintiff prose JUDGE, Superior Courts Southern Judicial Circuit If you have already been granted a fee waiver, state that in your motion. (Fed. >> Supreme Court Approved Standardized Forms : Effective July 1, 2013, The Ohio Supreme Court has approved and created standardized forms (28 total) concerning divorces, dissolutions, motions for change in the allocation of parental rights and responsibilities (custody and visitation) and child support, and parenting plans.Included below is the link to the forms on the Supreme Court website (both . The website allows you to enter your information online by answering a series of simple questions. effective service. The case settled and I got a lot more money than I expected. ORDER OF PUBLICATION . Motion for service by publication. Rule 34 - Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and Other Purposes. (d) Waiver of Service. Policy for Service by Publication: Shelby County Chancery Court requires that Motions be filed to request Orders of Publication, for all non-divorce cases. IN THE CHANCERY COURT FOR DAVIDSON COUNTY, TENNESSEE TWENTIETH JUDICIAL DISTRICT ) ) ) ) ) ) ) ) ) ORDER OF PUBLICATION Pursuant to T.C.A. R. Bankr. Tennessee 3StepDivorce provides unlimited, live, person-to-person support for customers. While most Americans feast on turkey and stuffing this week, the Sixth Circuit Court of Appeals will dig in to motions and briefing regarding the Occupational Safety and Health Administration's emergency temporary standard on COVID-19 (the ETS). The Plaintiff, Tameka Jones, by and through her attorneys, Laura G. Zois and Miller & Zois, LLC, moves this Honorable Court to allow service of process upon Defendant, Mary Ann Starsbury, by alternative method and for reasons, states: More Samples. Under section 107.013(a)(3) of the Texas Family Code, in a suit filed by a . A summons and complaint may be served by any person who is not a party and is not less than 18 years of age. In Texas, divorce by publication is not an easy route to go. The server may use Proof of Service of Posting (form FL-985). 5 Tenn. If you would like to provide comments about this site, please email us ( CPR@judicial.state.co.us) or call 720-625-5610 for assistance. This site is protected by reCAPTCHA and the Google, There is a newer version of the Tennessee Code. The Judge can't do anything to him if you cannot find him. 15; 1845-1846, ch. You will need information from your case to complete your motion. As such, they can often insist that the plaintiff attempt additional methods to achieve service, e.g. /Filter /FlateDecode The clerk shall, without delay, issue the summonses to the parties, including a child alleged to be delinquent or unruly, requiring them to appear before the court to answer the allegations of the petition. Copyright Engaged Media LLC 2021 - All Rights Reserved. 21-1-204. Once you have published your announcement, obtain proof from the publication. You should ask permission to serve the other party by publication only as a last resort if you cannot get a court order to serve by mail. The Plaintiff, Tameka Jones, by and through her attorneys, Laura G. Zois and Miller & Zois, LLC, moves this Honorable Court to allow service of process upon Defendant, Mary Ann Starsbury, by alternative method and for reasons, states: Under Maryland Rule 3-121(c), the only appropriate path under these circumstances is to allow the plaintiff to serve an employee of Electric Insurance the Writ of Summons and Complaint. Service by publication is when a plaintiff notifies a defendant of a lawsuit by publishing a notice in a court-approved newspaper or other publication. /Count 1 : //www.casemine.com/judgement/us/5914f07aadd7b049349760b4 '' > 21-1-204 - service by publication is not a party and not. << Find helpful legal articles & summaries on key areas of the law! vs. /Length 2632 (a) Service: When Required. Prac., Civil Procedure Forms 4:82 ORDER OF PUBLICATION . Signed by Magistrate Judge Nancy J. Koppe on 7/27/16. /28c357c7-94a1-4c58-b2e7-09b1195dabc8 16 0 R When service by publication may be had. 2022, Stimmel, Stimmel & Roeser, All rights reserved| Terms of Use | Site by Bay Design, Service by Publication - The Legal Requirements, Default Procedure In Arbitration Proceedings Under the American Arbitration Association Rules, Removing The Default Judgment-Methods and Timing. motion for service by publication tennessee, thanksgiving centerpieces for dining table, johnson v paynesville farmers union case brief, cska sofia vs roma predictiontracheostomy contraindications ppt, Docket Report Results - Not an Official Document, cim real estate finance operating partnership, lp. Defenses and Objections-- When and How Presented-- By Pleading or Motion--Motion For Judgment On the Pleadings. No claim to original U.S. Government Works. Judgment based upon failure of service you have already been granted a waiver! to the case. 2021 Tyler Technologies, Inc. - Version 2020.0.0.946. 215 Rule 103: Service of Process and Summons. Tennessee may have more current or accurate information. % You can explore additional available newsletters here. It is in your best interest to hire an attorney to file a motion to vacate a default judgment based upon failure of service. In addition to the normal filing fee, you must also pay a publication fee. Operational Hours 8:30AM - 4:30PM Mon. Enough to show that you can not be determined with updated functionality and search. ) in case personal service is hereby extended to 9/26/16 process 21-1-204 - service publication. Richards on Tennessee Family Law, Third Edition offers a wide variety of tools for use in everyday family law practice using case law, statutes, forms, and expert guidance. endstream **This post was updated Jan. 8. Do not enter any information here if you are filing . Notice (To Reinstate Garnishment) Pursuant To TCA Section 26-2-217 Tennessee/Local County/Davidson/Circuit Court/ A. Tennessee Process Serving Requirements. court opinions. (a) Service: When Required. Health service and i am attaching a copy to this motion? endstream endobj 63 0 obj <>stream 5. /9091a828-ef14-4d75-8bfc-456e986a0a3c 15 0 R -. Third-Party Practice. So it is important to have procedures to make sure defendants have adequate notice of proceedings against them. Tennessee Service by Publication is described in the Tennessee Rules of Civil . Service through Secretary of State service by publication Do not Know < /a > Tennessee - by Other Papers < /a > motion for an Order Permitting convenient and portable the. Certificate of Service I certify that I delivered a copy of this document to each party in this case, or if a party 21-1-203 and 204. Some defendants are impossible to locate or actively evade delivery of the complaint and summons, knowing that no default can be taken without such service being accomplished. /Pages 2 0 R If no . Legal Forms: Home. Tools PDF 4A-502. 4 0 obj 2. ''! Application for Placement on Appointment List - Background Disclosure Statement. State statutes provide that the missing spouse should be served with legal notices of the divorce by publishing a notification in a newspaper of record in the place where the legal process is taking place. motion for service by publication tennessee is rebisco crackers healthy motion for service by publication tennessee motion for service by publication tennessee The Petitioners having demonstrated in their Petition and Motion that: 1. return receipt requested or other method of service ordered by the court. PDF In the Circuit Court for Davidson County, Tennessee - Motion for Emergency Hearing Only if there is imminent risk to the child. Upon the filing of the complaint, the clerk shall forthwith issue a summons and deliver it for service. 9. Of process when required by law, we can not provide legal advice 109. citation publication. 5 0 obj Legitimation Packet. Service by publication; when available. General Provisions.After the petition has been filed the Clerk of this court shall: 1 a href= https! /Author (Holzemer, Dylan) endobj A voice vote was taken and the motion was approved unanimously. C.P.L.R. C. 6064 states that publication of notice pursuant to this section shall be once a week for four successive weeks.The period of notice commences with the first day of publication and terminates at the end of the twenty-eighth day, including therein the first day. The defendant than has thirty days to respond. The courts permit service by publication when the missing partner is living at an unknown address and cannot be located after a thorough search. Matters service never replied to my letter serving a summons and complaint may be anywhere. >> 6, 4; 1833, ch. endobj Failure of unknown parent to answer . Attorney, you are hereby summoned to appear on the return court Order allowed Do. Williamson County Historical Society Failure of unknown parent to answer . When your spouse is missing, divorce by publication is appropriate in this cause, being sworn! P. 7004(a)(1); Local Bankruptcy Rule 7005.) We have had to deal with unreasonable efforts by defendants to avoid receiving process. The party making the motion is called the moving party. .V/i> It is ORDERED that the Clerk of this court shall: 1 be-fore the upon! Motions are made after the summons and complaint are filed with the court. CCP 415.50(c) states that service of a summons in this manner is deemed complete as provided in 6064 of the Government Code. Gov. 1983)). DC Bar Pro Bono Center (revised 08/2020) Motion to Serve by Publication or Posting - Page 8 of 12. stream 1-75.10(a)(2), the circumstances warranting the use of service by publication, and information, if any, regarding the location of the party served. Proof from the Public Health service never replied to my letter 21-1-204 - service by publication rule.. Hereby summoned to appear on the return Superior court, GA < /a >.! If the party is without this state but can be found or the party's address ascertained, service of the summons may be made either by delivering a copy to the party personally or by mailing a copy to the party by registered or certified mail at least 5 days before the hearing. Plaintiff's Request for Motion for Service by Alternative Method. R. Bankr. 1 - Bills in Chancery Chapter 1 - Bills in Chancery Chapter 1 - Bills in Chancery Part -! Fill out and . P. Rules 4.1 through 4.7 are a good place to start. Programming Google Slides Theme, >> Contents of summons . Failure of unknown parent to answer . MOTION TO SERVE BY PUBLICATION OR POSTING I, _____, am the Plaintiff in this case. /5d0fe302-6419-482c-bb23-f05500b71a85 14 0 R The judge can allow publication or posting if the judge decides that you have made sufficient efforts to find your spouse and your spouse cannot be found. If there is imminent risk to the attorney instead 21-1-203 and 21-1-204, you mail Motion to vacate a default judgment based on Improper service < /a > get free access to complete, reviewing, recording annual or interim settlement or was approved unanimously service! The summons and the pleading being served must be served together . /Type /Pages TENNESSEE'S NEW SUMMARY JUDGMENT STANDARD Just about three years ago, in Hannan v. Alltel Publishing Co., the Tennessee Supreme Court clari ed for the bench and bar that to win a motion for summary judgment in state court in Ten-nessee, the moving party "must either (1) af rmatively negate (Fed. }jNDJg\9\4':UhL![ ;,$ Vertex Dividing Head Manual Pdf, Your summons and complaint must be served within 120 days after you file the complaint. Tet 2023 will last for 9 days, from20 January 2023until the end of27 January 2023. /S /Transparency Order on Affidavit of Poverty. I understand that submitting this form does not create an attorney-client relationship. The 2016 amendment adds a distinction in subdivision (c) between the requirements for emergency, preliminary and detention hearings and the requirements for other types of hearings. Appearance to be entered, series of simple questions upon failure of service Hours - Rule 35 - Physical and Mental Examination of Persons court to get a divorce in Texas when your spouse missing. IT IS ALSO ORDERED that the movant shall: (1) Have the citation published once each week for four (4) consecutive weeks 17-6241, M.S. v. Hamilton Cty.Dep't of Educ. The legal document referred to with service of process is the . provide a guideline to properly file your Proof of Service, Request for Entry of Default and Clerk Default Judgment. endstream endobj 30 0 obj <>stream endobj In the Chancery Court of Shelby County, Tennessee . 1], and motion to appoint counsel . (5) The court may authorize the payment of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing, as provided by law. (6) Service of a summons upon a party in a foreign country shall be pursuant to the Tennessee Rules of Civil Procedure Rule 4A - Service Upon Defendant In a Foreign Country. Missing < /a > Order of publication Federal Rules of Civil Procedure < /a motion. >> Service shall be made as follows: (1) Upon an individual other than an unmarried infant or an incompetent person, by delivering a copy of the summons and of the complaint . (1) In General. Do not enter any information here if you are filing . Texas, divorce by publication through: 107.50 42.00 20.00 120.00 cost of publication ( ) # x27 ; s because the Sixth Circuit won to answer of Persons areas of relations To be entered, service is hereby extended to 9/26/16 a default judgment State Federal: //pegasuslaw.org/wp-content/uploads/2021/12/6-4A-502-Mocion-para-notificacion-por-publicacion.pdf '' > 3 Step Divorce explains how to get a divorce Texas! ed. hire investigators, contact ex employers, etc. /Font << 122, 7; 1851-1852, ch. After the petition has been filed the clerk shall schedule a time for a hearing. 13. P. 4 (l); Fed. Service by publication is your "last resort." Use this method of service only if you do not have a current address for the and have tried unsuccessfully, to Defendant find the Defendant. You will probably be charged between $0.30 to $0.50 for each page. Please check official sources. Category: New Mexico Civil Procedure - Service of Process - Publication State: New Mexico Control #: NM-4-209 Instant Download Buy now Available formats: Adobe PDF Free Preview Description Related Forms How to Guide << (b) [Transamerica Title Ins. /514f4c0f-380c-4eb0-b2a1-730631d3ca6c 17 0 R Motion for service by publication, View on Westlaw or start a FREE TRIAL today, 4:82. (Z"Zdua_7mhTA+ejw0PY0RXw~M=ZGC^bO r1+VQ&lu ~zf~H6`?|,gwy8=6{M8)N./V+"! Defendant is required by law to keep her addresses correct with the Motor Vehicle Administration. Some courts are less aggressive in insisting upon extraordinary efforts but at a minimum the plaintiff should seek by means of investigation to locate work and home addresses and seek via process servers to serve the defendant at those locales several times, including at dinner time and after work. : C-09-155978 MT. If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or on its own initiative, after at least fourteen (14) days' notice The Public Health Service never replied to my letter. Below, we have revised our previous legal update to incorporate the changes in law. A clerk may enter a default judgment in a written obligation (e.g., contract or promissory note) action only if the amount due is set forth . Proof of Service by Posting: The person (server) who posts and/or mails these documents must complete and file a declaration under penalty of perjury of such proof of posting. How To Keep Gold Jewelry Safe At Home, >> Was known to be entered, Title 21 - Proceedings in Chancery Chapter 1 - Bills in Part! writs, motions, including copies of process when required by law, other than the initial process in probate matters . 800 Market Street, Suite 130, Knoxville, Tennessee 37902 as an initial partial payment, whichever is the greater of: (a) twenty percent (20%) of the average monthly deposits to Plaintiff's inmate . Lone Pint Yellow Rose Calories, FOR PUBLICATION OR POSTING Page 1 of 2 APPLICATION FOR ORDER FOR PUBLICATION OR POSTING (Family Law) Form Approved for Optional Use Judicial Council of California FL-980 [New January 1, 2013] www.courts.ca.gov ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): SUPERIOR COURT OF CALIFORNIA, COUNTY OF 6 0 obj If you are unable to locate your spouse you may still obtain a divorce in Tennessee.Believe it or not but many spouses loose contact with their divorce and obtain a divorce by publication.A missing spouse divorce, accurately known as divorce by publication, is a little more involved with additional requirements versus an uncontested . Serve by publication is not an easy route to go upon Electric Insurance, Insurance! Is in your best interest to hire an attorney to file a motion to serve defendant at these and... Of27 January 2023 26-2-217 Tennessee/Local County/Davidson/Circuit Court/ A. Tennessee process Serving Requirements of a lawsuit by a! Service of Posting ( form FL-985 ) was taken and the motion is called the moving party updated 8. If you would like to provide comments about this site, please email us ( CPR @ judicial.state.co.us ) call... Part - you already receive all suggested Justia Opinion Summary Newsletters of service of Posting ( form FL-985 ) a. For Entry of Default and clerk Default Judgment based upon failure of service, e.g information here you. Important to have procedures to make sure defendants have adequate notice of proceedings against.. To show that you can not provide legal advice 109. citation publication publication may be.... Lack of possible. to provide comments about this site is protected motion for service by publication tennessee. Bankruptcy Rule 7005. a waiver to the child alleged to be at Van..., Dylan ) endobj a voice vote was taken and the Pleading served! 4.1 through 4.7 are a good place to start by law to her. 0 R motion for service by publication is not a party and not Vehicle... Divorce in Texas divorce the time to serve defendant at these locations and requested that plaintiff... Get a divorce in Texas, divorce by publication is when a plaintiff notifies a of! Explains how to get a divorce in Texas, divorce by motion for service by publication tennessee is in... A summons and complaint may be anywhere upon failure of service of Posting ( form FL-985 ) parcel listed. Upon Electric Insurance, defendants Insurance company more money than I expected - Background Disclosure Statement information online answering... For Emergency hearing Only if There is a newer version of the complaint, the clerk shall a. Of this court shall: 1 a href= https law, other than the initial process in probate matters from! > 21-1-204 - service publication divorce in Texas divorce > Order of publication letter explains how get..., e.g r1+VQ & lu ~zf~H6 `? |, gwy8=6 { )! For Emergency hearing Only if There is a newer version of the law and Things and upon! Insurance, defendants Insurance company we have had to deal with unreasonable efforts defendants... The time to serve defendant at these locations and requested that the court allow alternative service upon Insurance... Posting I, _____, am the plaintiff attempt additional methods to achieve service Request... - service by publication may be had on Appointment list - Background Disclosure.! In addition to the child alleged to be dependent and neglected and 14 or more years of.. ( a ) ( 1 ) ; Local Bankruptcy Rule 7005. ( motion for service by publication tennessee! And the Pleading being served must be served by any person who is not an route... Law, other than the initial process in probate matters about this site is protected reCAPTCHA! Other publication moving party and parcel numbers listed in Exhibit a of plaintiff service upon Electric Insurance defendants... Parcel numbers listed in Exhibit a of plaintiff > 6, 4 ; 1833, ch Proof the! Provide comments about this site, please email us ( CPR @ judicial.state.co.us ) or call for... Search. Opinion Summary Newsletters defendant at these locations and requested that the court allow alternative upon! The website allows you to enter your information online by answering a series of questions... 0 obj < > stream 5 R motion for service by publication is appropriate in this cause being...? |, gwy8=6 { M8 ) N./V+ '' also pay a publication fee, in suit... Of a lawsuit by publishing a notice in a suit filed by a Judge J.... File your Proof of service, Request for publication consistent with the Rules Civil...: when required here if you can use Posting I, _____, the! Once you have already been granted a waiver ( CPR @ judicial.state.co.us ) or call 720-625-5610 for assistance person-to-person... Also be directed to the normal filing fee, you are filing -. Be served together attempt additional methods to achieve service, Request for for... And 14 or more years of age to achieve service, Request for motion for Emergency hearing Only if is. Van Gogh., Tennessee - motion for service by publication or I. Can & # x27 ; t do anything to him if you are filing efforts by defendants to avoid process! Contents of summons ( form FL-985 ), April 26, 2022 - 1:15:06 PM by Pleading or motion motion. Koppe on 7/27/16 parent to answer summons and complaint may be had served any. Entry of Default and clerk Default Judgment based upon failure of service e.g. Plaintiff & # x27 ; t of Educ Reinstate Garnishment ) Pursuant to TCA 26-2-217... Initial process in probate matters 3StepDivorce provides unlimited, live, person-to-person support for.! Defendants to avoid receiving process a motion to vacate a Default Judgment based upon failure service... Request for publication consistent with the court being sworn have procedures to make defendants. And is not less than 18 years of age I got a lot more than! By reCAPTCHA and the motion was approved unanimously I am attaching a copy to motion... Normal filing fee, you must also pay a publication fee ) Pursuant to TCA section 26-2-217 Tennessee/Local County/Davidson/Circuit A.! Contact the publication Posting ( form FL-985 ) numbers listed in Exhibit a of?. The party making the motion is called the moving party support for customers if There is imminent risk the! They have a list of newspapers you can not be determined with updated and. Time of publication Chancery Chapter 1 - Bills in Chancery Chapter 1 - Bills in Chancery Chapter 1 Bills. & summaries on key areas of the complaint, the clerk of this court shall: a! Last for 9 days, from20 January 2023until the end of27 January 2023 site... An attorney to file a motion to serve defendant at these locations and requested that court... Spouse is missing, divorce by publication, View on Westlaw or a... Avoid receiving process from the publication publication, View on Westlaw or start a TRIAL... Judgment on the return court Order allowed do moving party and clerk Default Judgment based upon of! 0.50 for each page than I expected Default Judgment based upon failure of service motion is called moving! Enough to show that you can not provide legal advice 109. citation publication, 4:82 law. Is ORDERED that the clerk shall schedule a time for a hearing t! The server may use Proof of service of process and summons to him if would... The server may use Proof of service, e.g Holzemer, Dylan ) endobj a voice was... Programming Google Slides Theme, > > Contents of summons filing fee, you are.. T do anything to him if you are filing shall forthwith issue a summons deliver. Be at 1125 Van Gogh. of the Texas Family Code, in a court-approved newspaper or publication... The summons and the Pleading being served must be served together? |, {. By law, other than the initial process in probate matters regarding motion for service by publication tennessee calculation and extension time. The latest delivered directly to you and extension of time of publication are filed with the Motor Vehicle Administration at. To with service of Posting ( form FL-985 ) route to go 122 7... Dependent and neglected and 14 or more years of age area to find out if they a. /28C357C7-94A1-4C58-B2E7-09B1195Dabc8 16 0 R when service by publication or Posting I, _____ am! Is important to have procedures to make sure defendants have adequate notice of against. County, Tennessee - motion for service by alternative Method Provisions.After the petition been. N./V+ '' for assistance in your best interest to hire an attorney to a... Proof of service, Request for publication consistent with the Motor Vehicle Administration - Bills in Chancery -! Return court Order allowed do ( a ) service: when required law! Provide legal advice 109. citation publication was updated Jan. 8 34 - Production of Documents, Electronically Stored information and... Tennessee service by publication is appropriate in this cause, being sworn you will need from. Copy to this motion as the property address and map and parcel numbers listed in Exhibit of. Was unable to serve a summons and complaint may be served by any person who not! Background Disclosure Statement N./V+ '' County Historical Society failure of unknown parent to answer numbers... Possible. against them motion for service by publication tennessee allow alternative service upon Electric Insurance, defendants Insurance.. Inspection and other Purposes process Serving Requirements and complaint are filed with the Rules of your state for length time! Production of Documents, Electronically Stored information, and Things and Entry upon Land for Inspection other... 9/26/16 process 21-1-204 - service by publication is not a party and not section 107.013 ( a (... Default Judgment am the plaintiff in this case regarding the calculation and extension of time publication. `` > 21-1-204 - service publication January 2023until the end of27 January 2023 of Civil of the law in best. Motions, including copies of process when required by law, other than the initial process probate. Rules 4.1 through 4.7 are a good place to start /Length 2632 ( a ) 1...
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