Arizona State Process Service

$95 Routine - $145 Rush

In Arizona, the rules governing service of process are primarily outlined in the Arizona Rules of Civil Procedure. Here's an overview of the key rules and guidelines:

General Requirements for Service of Process

1. Timing:
   • A summons and complaint must be served within 90 days after filing the complaint. Failure to do so may result in the dismissal of the action unless good cause is shown for the delay.
   • Certain types of cases (e.g., family law or special actions) may have different timing requirements.
2. Who Can Serve:
   • Service must be completed by a person who is not a party to the case and who is at least 18 years old.
   • Licensed private process servers or a sheriff/constable in the county where the service occurs can perform service.

Methods of Service

1. Service Within Arizona:
   • Personal Service: Delivering the summons and complaint to the individual directly.
   • Substituted Service: Leaving the documents with someone of suitable age and discretion at the individual's usual place of abode.
   • Service on a Business or Corporation: Delivering to an officer, managing agent, or authorized agent for service of process.
   • Service by Mail: Sending by certified mail with a return receipt requested. Service is effective only if the defendant signs the receipt.
2. Service Outside Arizona:
   • Arizona allows service outside the state by any method allowed within Arizona, or as permitted by the state where the service is being made.
3. Alternative or Constructive Service:
   • If personal service cannot be completed with due diligence, a court order may allow service by publication or other alternative means (e.g., email, posting at the defendant's residence, etc.).

Proof of Service

1. Personal Service: A written affidavit of service must be completed by the process server, detailing how, when, and where the service occurred.
2. Service by Mail: A copy of the signed return receipt must be filed with the court as proof.
3. Constructive Service: Proof of compliance with the court-ordered method (e.g., affidavit of publication) is required.

Special Rules

• Government Entities: When suing the state or a municipality, service must be made on the appropriate governmental representative, such as the Attorney General for the State of Arizona.
• Minors and Incapacitated Persons: Additional steps must be taken to serve a guardian, conservator, or a parent of the minor.
• Service in Eviction Actions: Eviction cases often have stricter deadlines and may require specific methods of service (e.g., posting and mailing).

For full details or nuanced situations, consult Rule 4 of the Arizona Rules of Civil Procedure