Rule 5. Summons and Complaint; Issuance, Content and Service of Process
Arizona Revised Statutes AnnotatedRules of Procedure for Eviction ActionsEffective: January 1, 2022
Effective: January 1, 2022
17B A.R.S. Rules Proc. Evic. Act., Rule 5
Rule 5. Summons and Complaint; Issuance, Content and Service of Process
a. Summons. The summons in an eviction action shall be a document separate from the complaint, shall be issued in accordance with applicable statutory provisions, and shall identify the defendants to the action. If the name of a defendant is unknown, the summons and complaint may name a fictitious defendant and any occupants of the property. The court shall liberally grant leave to amend the complaint and summons to reflect the true names of defendants if they become known to the plaintiff. The summons shall also include the following:
(2) Date and time set for the trial of the matter; and that a landlord, tenant, attorney, or witness may participate at the initial hearing through telephone or video conference by contacting the court for directions at least two hours before the hearing, to ensure the court has time to make necessary arrangements;
(1) If the action is based solely on non-payment of rent, contains a request for monetary damages and involves a residential property or mobile home space, the complaint must also state that the defendant may contact the plaintiff or plaintiff's attorney and may reinstate the lease agreement and cause the eviction action to be dismissed if, prior to the entry of judgment, the defendant pays all rents due, any reasonable late fees due that are provided for under a written lease agreement, and any court costs and attorney fees the plaintiff has incurred as of the date the payment is made.
(2) If the complaint seeks a judgment for reasons permitted by law other than the non payment of rent, the complaint shall state the reason for the termination of the tenancy with specific facts, including the date, place and circumstances of the reason for termination, so the tenant has an opportunity to prepare a defense.
e Service of Process. Service of the summons and complaint shall be accomplished by either personal service or post and mail service for a special detainer action, and for a forcible detainer action, as provided by Rule 4.1 or 4.2 of the Arizona Rules of Civil Procedure. Service of process shall only be performed by a person authorized to do so under Rule 4(D) of the Arizona Rules of Civil Procedure. Return of service and proof thereof shall be made by affidavit.
f. Failure to Obtain Service. A complaint that is not served within the time required by applicable statute may be dismissed at the initial appearance date unless the defendant waives service in writing, or the initial appearance may be continued upon a showing of good cause to allow additional time for service. If the defendant appears at the initial appearance, the appearance shall constitute a waiver of any objections to the form or manner of service unless the defendant asserts those grounds at the initial appearance or in a previously filed written answer.
Credits
Added Dec. 9, 2008, effective Jan. 1, 2009. Amended Aug. 31, 2017, effective Jan. 1, 2018; Aug. 28, 2018, effective Jan. 1, 2019; Aug. 27, 2019, effective Jan. 1, 2020; 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 5, AZ ST EVICTION Rule 5
Court Rules are current with amendments received and effective through August 15, 2023. The Code of Judicial Administration is current with amendments received through August 15, 2023.
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