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Rule 104. Modification of Civil Rule 4(i) Regarding Time for Service; Dismissal of an Unserved ...

Arizona Revised Statutes AnnotatedPima County Rules for the Fast Trial and Alternative Resolution (“Fastar”) Pilot ProgramEffective: December 31, 2021

Arizona Revised Statutes Annotated
Pima County Rules for the Fast Trial and Alternative Resolution (“Fastar”) Pilot Program
Part One: General Provisions
Effective: December 31, 2021
AZ A.R.S. Fast Trial and Alt.Res.Prog. Rules, Pima County, Rule 104
Rule 104. Modification of Civil Rule 4(i) Regarding Time for Service; Dismissal of an Unserved or Timely-Served Defendant
(a) General Limitation. The time limit of Civil Rule 4(i) does not apply to FASTAR cases. Instead, a plaintiff must serve the summons and complaint on every defendant within 60 days after the filing date of the complaint.
(b) Dismissal of an Unserved Defendant. If the plaintiff does not complete service within 60 days after filing the complaint, the court will notify the plaintiff that it will dismiss the action without prejudice as to any unserved defendant 15 days after the date of the court's notice, and without further notice, unless the plaintiff completes service within those 15 days.
(c) Extension. Within 60 days after filing the complaint, the plaintiff may request, and the court may extend the time for completing service, but the court may not extend the time limit for service more than 90 days after the filing date of the complaint.
(d) Dismissal of a Timely-Served Defendant. The court will dismiss without prejudice any timely-served defendant who did not file an answer or other response within 120 days after the filing date of the complaint, unless the plaintiff has filed a Rule 55 application for the entry of default of that defendant before the 120th day. The court will provide the plaintiff at least 20 days' notice before dismissing that defendant in a multi-defendant case, or before dismissing a case that has only one defendant.

Credits

Added Oct. 26, 2017, effective Nov. 1, 2017, until Dec. 31, 2021. Rule extended Dec. 8, 2021, effective Dec. 31, 2021, until further order of the court.
A.R.S. Fast Trial and Alt.Res.Prog. Rules, Pima County, Rule 104, AZ ST PIMA FASTAR Rule 104
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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