Rule 41. Service Within and Outside Arizona
Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: September 1, 2019
Effective: September 1, 2019
17B A.R.S. Rules Fam.Law Proc., Rule 41
Formerly cited as AZ ST RFLP Rule 42
Rule 41. Service Within and Outside Arizona
(5) Authority to Serve a Summons. Except as otherwise provided in this rule, a person who serves a summons in Arizona must be authorized to do so under Rule 40(d), and a person who serves a summons outside Arizona but within the United States must be authorized to serve process under the law of the state where service is made.
(1) Generally. If a serving party knows the address of the person to be served and the address is within Arizona or another judicial district of the United States, the party may serve the person by mailing the summons and copies of the pleading and other documents being served to the person at that address by any form of postage-prepaid mail, including a national courier service, which requests restricted delivery to the person and requires a receipt signed by the addressee.
(g) Serving an Incarcerated Person. A person who is incarcerated in a jail or prison within Arizona or outside Arizona but within a judicial district of the United States may be served by mail or national courier service as provided by Rule 41(d), with the return or confirmation of service completed by an official of the jail, prison or correctional facility. The signature of an official of the jail, prison or correctional facility on the return receipt or signature confirmation is sufficient proof of service on the person being served, as of the date of the signature. In addition, the petitioner must send copies of the documents being served to the inmate by first class mail.
(j) Serving a Corporation, Partnership, or Other Unincorporated Association. If a domestic or foreign corporation, partnership, or other unincorporated association has the legal capacity to be sued it may be served by delivering a copy of the summons and the pleading to a partner, an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service, and if required by statute, by also mailing a copy to the party.
(1) Diligent Search. If after diligent search and inquiry, the sheriff of the county in which the action is pending states in the return an inability to find an officer or agent of the corporation to be served, the sheriff's statement is rebuttable evidence that the corporation does not have an officer or agent in Arizona.
(2) Corporation Commission. If a domestic corporation does not have an officer or an agent within Arizona on whom a summons can be served, the corporation may be served by delivering two copies of the summons and the pleading being served to the Arizona Corporation Commission. Following this procedure constitutes personal service on that corporation.
(3) Commission's Responsibilities. The Arizona Corporation Commission will keep one of the copies of the summons and the pleading being served for its records and immediately mail the other copy, postage prepaid, to the corporation or any of the corporation's officers or directors, using any address obtained from the Corporation Commission records, or another source.
(2) Notice and Mailing. If the court allows an alternative means of service, the serving party must make a reasonable effort to provide the person being served with actual notice of the action's commencement. The serving party must also mail the summons, the pleading being served, and any court order authorizing an alternative means of service to the last-known business or residential address of the person being served.
(1) Generally. If a party shows that the service provided by Rule 41(c) through (l)--including an alternative means of service--is impracticable, the court may on motion, and without notice to the person to be served, order that service be accomplished by publication. The court may permit service by publication, in such manner and form as the court may direct, if:
(A) Required Affidavit. The party or person making service must file an affidavit stating the manner and dates of the publication and mailing, and the circumstances requiring service by publication. The affidavit must also state if no mailing was made because of lack of knowledge of the current address of the person being served.
Added Aug. 30, 2018, effective Jan. 1, 2019.
COMMENT TO 2019 AMENDMENT
Former Rules 41 and 42 imposed limitations on the court's personal jurisdiction over a party when the party was served by publication. Revised Rule 41 deletes those limitations, and this rule now follows the holding in Master Financial, Inc. v. Woodburn, 208 Ariz. 70, 73-75 ¶¶ 15-22 (App. 2004). See also Ruffino v. Lokosky, ___ Ariz. ___, 2018 WL 3384998 (App. 2018). However, the revised rule requires court approval before service by publication. Moreover, service by publication is subject to subsequent challenge if it does not satisfy due process standards of being reasonably calculated to give notice to the party being served and providing the best practicable notice under the circumstances. See Rules 83 and 85.
17B A. R. S. Rules Fam. Law Proc., Rule 41, AZ ST RFLP Rule 41
Current with amendments received through 08/15/2020.
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