Home Table of Contents

Rule 5. Serving Pleadings and Other Documents

Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
II. Commencing an Action; Service of Process, Pleadings, Motions and Orders; Duties of Counsel
Effective: September 1, 2019
16 A.R.S. Rules of Civil Procedure, Rule 5
Formerly cited as AZ ST RCP Rule 7.1
Rule 5. Serving Pleadings and Other Documents
(a) Service Generally.
(1) Scope. This rule governs service on other parties after service of the summons and complaint, counterclaim, or third-party complaint.
(2) When Required. Unless these rules provide otherwise, each of the following documents must be served on every party by a method stated in Rule 5(c):
(A) an order stating that service is required;
(B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(d) because there are numerous defendants;
(C) a discovery or disclosure document required to be served on a party, unless the court orders otherwise;
(D) a written motion, except one that may be heard ex parte; and
(E) a written notice, appearance, demand, or offer of judgment, or any similar document.
(3) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear, except as provided in Rule 55. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4, 4.1, or 4.2, as applicable.
(4) Seizing Property. If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an appearance, answer, or claim must be made on the person who had custody or possession of the property when it was seized.
(b) Service; Parties Served; Continuance. If there are several defendants, and some are served with process and others are not, the plaintiff may proceed against those who have been served or move to defer disclosure or other case-related activity until additional parties are served.
(c) Service After Appearance; Service After Judgment; How Made.
(1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders or a specific rule requires service on the party.
(2) Service Generally. A document is served under this rule by any of the following:
(A) handing it to the person;
(B) leaving it:
(i) at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or
(ii) if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there;
(C) mailing it by U.S. mail to the person's last-known address--in which event service is complete upon mailing;
(D) delivering it by any other means, including electronic means other than that described in Rule 5(c)(2)(E), if the recipient consents in writing to that method of service or if the court orders service in that manner--in which event service is complete upon transmission; or
(E) transmitting it through an electronic filing service provider approved by the Administrative Office of the Courts, if the recipient is an attorney of record in the action--in which event service is complete upon transmission.
(3) Certificate of Service. The date and manner of service must be noted on the last page of the original of the served document or in a separate certificate, in a form substantially as follows:
A copy has been or will be mailed/emailed/hand-delivered [select one] on [insert date] to:
[Name of opposing party or attorney]
[Address of opposing party or attorney]
If the precise manner in which service has actually been made is not so noted, it will be presumed that the document was served by mail. This presumption will only apply if service in some form has actually been made.
(4) Service After Judgment. After the time for appeal from a judgment has expired or a judgment has become final after appeal, a motion, petition, complaint, or other pleading requesting modification, vacation, or enforcement of that judgment must be served in the same manner that a summons and pleading are served under Rule 4, 4.1, or 4.2, as applicable.
(d) Serving Numerous Defendants.
(1) Generally. If an action involves an unusually large number of defendants, the court may, on motion or on its own, order that:
(A) defendants' pleadings and replies to them need not be served on other defendants;
(B) any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and
(C) filing any such pleading and serving it on the plaintiff constitutes notice of the pleading to all parties.
(2) Notifying Parties. A copy of every such order must be served on the parties as the court directs.

Credits

Added Sept. 2, 2016, effective Jan. 1, 2017.
16 A. R. S. Rules Civ. Proc., Rule 5, AZ ST RCP Rule 5
Current with amendments received through 08/15/2020.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.