Rule 40. Summons
Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: September 1, 2019
Effective: September 1, 2019
17B A.R.S. Rules Fam.Law Proc., Rule 40
Rule 40. Summons
(1) Issuance. The party filing one of the petitions described in Rule 23(b)(1) must present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and issue it to the filing party for service. A summons, or a copy of the summons if addressed to multiple parties, must be issued for each party to be served.
(2) Actions for Annulment, Dissolution of Marriage, or Legal Separation. A summons in an action for annulment, dissolution, or legal separation that is filed in a county with an established conciliation court must also contain a statement that either spouse may file a petition that requests the conciliation court's assistance in preserving the marriage or resolving marital controversies.
(c) Replacement Summons. If a summons is returned without being served, or if it has been lost, a party may present a replacement summons for the clerk to issue in the same form as the original. A replacement summons must be issued and served within the time prescribed by Rule 40(i) for service of the original summons.
(1) Generally. Service of a summons must be made by a sheriff, a sheriff's deputy, a constable, a constable's deputy, a private process server certified under Arizona Code of Judicial Administration § 7-204, or another person specially appointed by the court under subpart (d)(2). Service may also be made as authorized under Rule 41.
(B) Procedure for Appointment. A party may request a special appointment to serve process by filing a motion with the presiding superior court judge in the county where the action is pending. The motion must be accompanied by a proposed order. If the proposed order is signed, no minute entry will issue. Special appointments should be granted freely, are valid only for the cause specified in the motion, and do not constitute an appointment as a certified private process server.
(e) Service of Summons in Title IV-D Cases. If certified under Rule 40(d), a Field Locate Investigator employed by the Department of Economic Security may complete service in the manner set forth in Rule 41(c) in any action initiated by the State for the determination of paternity, or for the establishment, modification, or enforcement of an order of support.
(1) Accepting Service. A party subject to service under this rule, Rule 41, or Rule 91 may accept service. The acceptance of service must be in writing, signed by that party or that party's authorized agent or attorney and be filed in the action. A party who accepts service must file and serve a responsive pleading within the time provided in Rule 24.1.
(3) Service by Others. If served by a person other than a sheriff or deputy sheriff, the return of service must be promptly filed with the court and be accompanied by an affidavit establishing proof of service. If the server is a registered private process server, the affidavit must clearly identify the county in which the server is registered.
(6) Service Outside the United States. Service outside the United States must be proved under Rule 41(h) as provided in the applicable treaty or convention; or by a receipt signed by the addressee, or other evidence satisfying the court that the summons and complaint were delivered to the addressee.
(i) Time Limit for Service. If a respondent is not served with process within 120 days after the petition is filed, the court--on motion, or on its own after notice to the petitioner--must dismiss the action without prejudice against that respondent or order that service be made within a specified time. But if the petitioner shows good cause for the failure, the court must extend the time for service for an appropriate period. Rule 40(i) does not apply to service in a foreign country under Rules 41(h), or to the service of a paternity action described in section (j).
(j) Time Limit for Service in Paternity Actions Involving Adoption. A potential father who has been served with notice of a planned adoption under A.R.S. § 8-106(G) must file with the court and serve on the mother--or an attorney or agency that is licensed in Arizona and is representing the mother--a copy of the verified petition to establish paternity and summons not later than 30 days after the notice of the planned adoption is served. The court must dismiss any proceeding that is barred under A.R.S. § 8-106(J).
Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 40, AZ ST RFLP Rule 40
Current with amendments received through 08/15/2020.
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