Rule 4.2. Service of Process Outside Arizona
Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of Arizona
16 A.R.S. Rules of Civil Procedure, Rule 4.2
Rule 4.2. Service of Process Outside Arizona
(a) Extraterritorial Jurisdiction; Personal Service Outside Arizona. An Arizona state court may exercise personal jurisdiction over a person, whether found within or outside Arizona, to the maximum extent permitted by the Arizona Constitution and the United States Constitution. A party may serve any person located outside Arizona as provided in this rule, and, when service is made, it has the same effect as if personal service were accomplished within Arizona.
(1) Generally. If a serving party knows the address of the person to be served and the address is outside Arizona but within the United States, the party may serve the person by mailing the summons and a copy of the pleading being served to the person at that address by any form of postage-prepaid mail that requires a signed and returned receipt.
(1) Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4.2(b), (c), (h), (i), or (k) has a duty to avoid unnecessary expense in serving the summons. The plaintiff may notify the defendant that an action has been commenced and request that the defendant waive service of a summons. The notice and request must:
(3) Time to Answer After a Waiver. A defendant who, before being served with process, timely returns a waiver need not serve an answer or otherwise respond to the pleading being served until 60 days after the request was sent, or 90 days after it was sent if it was sent outside any judicial district of the United States.
(4) Results of Filing a Waiver. When the plaintiff files an executed waiver, proof of service is not required and, except for the additional time in which a defendant may answer or otherwise respond as provided in Rule 4.2(d)(3), these rules apply as if a summons and the pleading being served had been served at the time of filing the waiver.
(A) Required Affidavit. The party or person making service must prepare, sign and file an affidavit describing the manner and dates of the publication and mailing, and the circumstances warranting service by publication. If no mailing was made because the serving party did not know the current address of the person being served, the affidavit must state that fact.
(h) Serving a Corporation, Partnership or Other Unincorporated Association Located Outside Arizona but Within the United States. If a corporation, partnership, or other unincorporated association is located outside Arizona but within the United States, it may be served by delivering a copy of the summons and the pleading being served to a partner, an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and--if the agent is one authorized by statute and the statute so requires--by also mailing a copy of each to the defendant.
(j) Serving a Minor or Incompetent Person in a Foreign Country. A party may serve a minor, a minor with a guardian or conservator, or an incompetent person who is located in a place not within any judicial district of the United States in the manner set forth in Rule 4.2(i)(2)(A) or (B) or by such means as the court may otherwise order.
(k) Serving a Corporation, Partnership, or Other Incorporated Association in a Foreign Country. Unless federal law provides otherwise or the defendant's waiver has been filed under Rule 4.2(d), a corporation, partnership, or other unincorporated association that has the legal capacity to be sued may be served at a place not within any judicial district of the United States by delivering a copy of the summons and pleading being served in the manner set forth in Rule 4.2(i) for serving an individual, except personal delivery under Rule 4.2(i)(2)(C)(i).
(m) Time to Serve an Answer After Service Outside Arizona. Unless Rule 4.2(d)(3) applies, or the parties agree or the court orders otherwise, a person served outside Arizona under Rule 4.2 must serve a responsive pleading within 30 days after the completion of service. Service of a responsive pleading must be made in the same manner, and the served person is subject to the same consequences, as if the person had been personally served with a summons in the county in which the action is pending.
Added Sept. 2, 2016, effective Jan. 1, 2017. Amended Aug. 31, 2017, effective Jan. 1, 2018.
1994 Amendment to Rule 4.2(f)
In adopting the amendment deleting the out-of-state publication requirement, the Court is aware that in a small category of cases out-of-state publication might yield the best practicable notice under the circumstances. However, the Court acted out of concern for the unnecessary expense in the vast majority of cases in which out-of-state publication is ineffective as a means of providing notice. Counsel should always consider whether, in a given case, out-of-state publication may nevertheless be indicated.
STATE BAR COMMITTEE NOTE
1992 Promulgation of Rules 4.2(f) and 4.2(i)
[Formerly Rules 4.2(e) and 4.2(g)]
[Rule 4.2(f), formerly Rule 4.2(e)] is based on former Rule 4(e)(3) and is similar to [Rule 4.1(l), formerly Rule 4.1(e)], but applies where the present location of the person to be served cannot be ascertained but the last known residence address of that person was outside the state, or a person outside the state is attempting to avoid service. In that instance, publication must occur not only in the county where the action is pending but also in the county of the person's last known residence address. A copy of the summons and pleading being served must also be mailed to the last known address. Once again, service by publication must still satisfy the constitutional standard as being the best means practicable under the circumstances for providing notice. See Committee Note to Rule 4.1[l]. In addition, the publication must contain a statement as to the manner in which a copy of the pleading being served may be obtained.
[Rule 4.2(i), formerly Rule 4.2(g)], dealing with service of process in a foreign country, is adapted from a preliminary draft of proposed amendments to provisions of the Federal Rules of Civil Procedure on the same subject. The principal purpose of these amendments is to call attention to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents, which entered into force for the United States on February 10, 1969. The procedures for foreign service specified in the Convention must be employed where they are available and where service requires the transmittal of documents for service abroad. See Volkswagenwerk Aktiengesellschaft v. Schlunk, 486 U.S. 694, 100 L. Ed. 2d 722 (1988).
16 A. R. S. Rules Civ. Proc., Rule 4.2, AZ ST RCP Rule 4.2
Current with amendments received through 05/1/2020.
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