Arizona

Criminal Procedure

Criminal Procedure

Rule 3.4 – Service of Summons

(a)Territorial Limits of Effective Service. A summons may be served anywhere within Arizona.
(b)Service by Mail. A summons may be served by first-class mail or by certified mail, return receipt requested. Return of the signed receipt is presumptive evidence of service.
(c)Serving an Individual. Unless (d), (e), or (f) applies, an individual may be served by:

(1) delivering the summons to that individual personally;
(2) leaving the summons at that individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or
(3) delivering the summons to an agent authorized by appointment or by law to receive service of process.
(d)Serving a Minor. Unless (e) applies, a minor less than 16 years old may be served by delivering the summons to the minor in the manner set forth in (c) and also delivering the summons:

(1) to the minor’s parent or guardian, if any of them reside or may be found within Arizona; or
(2) if none of them resides or is found within Arizona, to any adult having the care and control of the minor, or any person of suitable age and discretion with whom the minor resides.
(e)Serving a Minor Who Has a Guardian. If a court has appointed a guardian for a minor, the minor must be served by serving the guardian in the manner set forth in (c), and separately serving the minor in that same manner.
(f)Serving a Person Adjudicated Incompetent Who Has a Guardian. If a court has declared a person to be insane, gravely disabled, incapacitated, or mentally incompetent to manage that person’s property, and has appointed a guardian for the person, the person must be served by serving the guardian in the manner set forth in (c), and separately serving the person in that same manner.
(g)Serving a Corporation, Partnership, or Other Unincorporated Association. A domestic or foreign corporation, partnership, or other unincorporated association may be served by delivering the summons 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 the summons to the defendant.
(h)Serving a Corporation if an Authorized Officer or Agent Is Not Found Within Arizona.

(1)Generally. If a domestic corporation, or a foreign corporation authorized to transact business in Arizona, does not have an officer or an agent within Arizona on whom process can be served, the corporation may be served by depositing two copies of the summons with the Arizona Corporation Commission. Following this procedure constitutes personal service on that corporation.
(2)Evidence. If the sheriff of the county in which the action is pending states in the return that, after diligent search or inquiry, the sheriff has been unable to find an officer or agent of such corporation on whom process may be served, the statement constitutes prima facie evidence that the corporation does not have such an officer or agent in Arizona.
(3)Commission’s Responsibilities. The Arizona Corporation Commission must retain one of the copies of the summons 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’s articles of incorporation, other Corporation Commission records, or any other source.

Ariz. R. Crim. P. 3.4

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 3.4, relating to service of summons, was abrogated effective January 1, 2018.