Home Table of Contents

Rule 6. Service of Pleadings, Other Papers and Orders After Complaint

Arizona Revised Statutes AnnotatedRules of Procedure for Eviction ActionsEffective: January 1, 2022

Arizona Revised Statutes Annotated
Rules of Procedure for Eviction Actions
Effective: January 1, 2022
17B A.R.S. Rules Proc. Evic. Act., Rule 6
Rule 6. Service of Pleadings, Other Papers and Orders After Complaint
Currentness
a. General Requirement of Service. Except as otherwise provided in these Rules or ordered by the court, every pleading subsequent to the original complaint, every written motion, every written notice, appearance, demand and similar paper and any attachments, and every order shall be served upon each of the parties to the action. A written motion or request that is filed with the court, but not served as required by this rule, shall be considered an impermissible ex parte communication.
(1) Filing of documents may be made by delivering the documents to the appropriate justice court or superior court file counter for date stamping.
(2) The court may permit a party to file documents directly with the judge in open court.
(3) Filing may also be accomplished by prepaid, first class mail to the court, whereupon the date of receipt by the file counter shall be considered the date of filing.
(4) Each court shall permit any party, attorney, or witness to submit notice via email, facsimile, telephone, or other electronic process, that the party, attorney or witness will participate at the initial appearance remotely. Such notice is a means of exercising the option of appearing remotely. Failure to provide such notice to each of the other parties to the action shall not be a basis for denying a remote appearance that can be provided or challenging the validity of a remote appearance that occurred.
b. Service on Parties in Default. No service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided in Rule 5(f) of these Rules.
c. How Service Made. Service required by this rule may be accomplished by personal service as defined in Rule 18(f) of these Rules or after a party has appeared by mailing the document to be served to the last known address of the person to be served. Service by facsimile transmission or other method may be used where agreed to by the parties. The date and manner of service shall be noted on the original of the document served or in a separate certificate filed with the court.
d. Service upon Attorney. When an attorney has entered an appearance in an action for a party, service upon that party shall be accomplished by service upon that attorney, unless the court directs that service be made upon the party. Service upon the attorney may be accomplished by any of the methods authorized by subsection (c) of this rule.
e. Service After Judgment. Thirty days after the time for appeal from a judgment has expired, or a judgment has become final after appeal, the service of a motion, petition, complaint or other pleading required to be served and requesting modification, vacation or enforcement of that judgment, shall be served as provided by Rule 4.1 or 4.2 of the Arizona Rules of Civil Procedure.

Credits

Added Dec. 9, 2008, effective Jan. 1, 2009. Amended on an emergency basis Aug. 30, 2021, effective Sept. 29, 2021, adopted on a permanent basis effective Jan. 1, 2022.
17B A. R. S. Rules Proc. Evic. Act., Rule 6, AZ ST EVICTION Rule 6
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
End of Document