Arizona

Family Law

Family Law

Rule 41 – Service Within and Outside Arizona

(a)Generally.

(1)Scope. This rule governs service of a summons, an order to appear, a pleading, and additional filings required under Rule 25 or Rule 91.
(2)Jurisdiction. An Arizona court may exercise personal jurisdiction over parties, whether found within or outside Arizona, to the maximum extent permitted by the United States and Arizona Constitutions.
(3)In State. A summons or order to appear may be served anywhere within Arizona.
(4)Out of State. A party may serve a summons or order to appear on any person located outside Arizona as provided in this rule, and proper service has the same effect as if personal service was accomplished within 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.
(b)Serving a Summons and Pleadings. The summons, together with the other documents being served, must be served together within the time allowed under Rule 40(i). The serving party must furnish the necessary copies to the person who makes service.
(c)Serving an Individual. Unless Rule 41(e) or (f) applies, an individual may be served by:

(1) delivering a copy of the summons and the pleading being served to that individual personally;
(2) leaving a copy of each at that individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or
(3) delivering a copy of each to an agent authorized by appointment or by law to receive service.
(d)Service by Mail or National Courier Service.

(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.
(2)Affidavit of Service. When the post office or national courier service returns the signed receipt, the serving party must file an affidavit stating:

(A) the person being served is known to be located inside Arizona or outside Arizona but within a judicial district of the United States,
(B) the serving party mailed the summons and a copy of the pleading or other request for relief to the person as described in Rule 41(d)(1);
(C) the serving party received a signed return receipt, which is attached to the affidavit and that confirms the designated person received the described documents; and
(D) the date of receipt by the person being served.
(3)Incarcerated Person. If the person being served is incarcerated, the affidavit must also include a statement that the serving party sent a copy of the documents to the person by first class mail.
(e)Serving a Minor. A minor under the age of 16 years may be served by delivering a copy of the summons and the pleading being served to the minor in the manner set forth in Rule 41(c) for serving an individual and delivering a copy of each in the same manner:

(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.
(f)Serving a Person Who Has a Court-Appointed Guardian or Conservator. If a person has a court-appointed guardian or conservator, the guardian or conservator must also be served as required by Rule 41(c) for serving an individual, separately from serving the person.
(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.
(h)Serving an Individual in a Foreign Country. Unless federal law provides otherwise, an individual may be served at a place not within any judicial district of the United States:

(1) by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents;
(2) if there is no internationally agreed means, or if an international agreement allows but does not specify other means, by a method that is reasonably calculated to give notice:

(A) as set forth by the foreign country’s law for service in that country in an action in its courts of general jurisdiction;
(B) as the foreign authority directs in response to a letter rogatory or letter of request; or
(C) unless prohibited by the foreign country’s law, by:

(i) delivering a copy of the summons and of the pleading being served to the individual personally; or
(ii) using any form of mail that the clerk addresses and sends to the individual and that requires a signed receipt; or
(D) by other means not prohibited by international agreement, as the court orders.
(3) A minor or incompetent person in a foreign country may be served as provided by subparts (h)(2)(A) or (B), or as the court directs.
(i)Serving a Governmental Entity.

(1)Generally. A governmental entity having the legal capacity to be sued may be served by delivering a copy of the summons and the pleading:

(A) for service on the State of Arizona, to the Attorney General or any person designated by the Attorney General;
(B) for service on a county, to the Board of Supervisors’ clerk for that county;
(C) for service on a municipal corporation, to the clerk of that municipal corporation;
(D) for service on any other governmental entity:

(i) to the individual designated by the entity, as required by statute, to receive service of process; or
(ii) if the entity has not designated a person to receive service of process, then to the entity’s chief executive officer(s), or, alternatively, its official secretary, clerk, or recording officer.
(2)Alternative Procedure for Serving the State in a Title IV-D Case.

(A)Generally. If a county authorizes electronic service on the State of Arizona in a Title IV-D case, a party may serve the State of Arizona by the following procedure.
(B)Procedure. A party seeking to serve the State must file the documents to be served and a written Notice of State Interest that:

(i) requests electronic service of the documents on the State under this rule and the administrative order authorizing electronic service;
(ii) separately lists the title or description of each document to be served; and
(iii) indicates the State has or may have a right be served with the documents.
(C)Clerk’s Duties. On receipt, the clerk must promptly file, scan (if necessary), and electronically transmit copies of the documents and the Notice of State Interest to the State designated electronic address.
(D)Effective Date of Service. Service is complete when the clerk files a Proof of Service by Electronical Transmittal verifying that the documents and Notice of State Interest were transmitted and received by the State.
(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.
(k)Serving a Domestic Corporation if an Authorized Officer or Agent Is Not Found Within Arizona.

(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.
(l)Alternative Means of Service.

(1)Generally. If a party shows the service provided in Rule 41(c) through Rule 41(i) is impracticable, the court may-on motion and without notice to the person to be served-order that service may be accomplished in another manner.
(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.
(3)Service by Publication. A party may serve by publication only if the requirements of Rule 41(m) are met.
(m)Service by Publication.

(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) the serving party, despite reasonably diligent efforts, has been unable to determine the person’s current address; or the person to be served has intentionally avoided service of process; and
(B) service by publication is the best means practicable in the circumstances for providing the person with notice of the action’s commencement.
(2)Procedure.

(A)Generally. Service by publication is accomplished by publishing the summons, and a statement describing how a copy of the pleading being served may be obtained, at least once a week for 4 successive weeks:

(i) in a newspaper published in the county where the action is pending; and
(ii) if the last-known address of the person to be served is in a different county, also in a newspaper in that county.
(B)Who May Serve. Service by publication may be made by the serving party, its counsel, or anyone authorized under Rule 40(d).
(C)Alternative Newspapers. If no newspaper is published in a county where publication is required, the serving party must publish the summons and statement in a newspaper in an adjoining county.
(D)Effective Date of Service. Service is complete 30 days after the summons and statement is first published in all newspapers where publication is required.
(3)Mailing. If the serving party knows the last known address of the person being served, it must, on or before the date of first publication, mail to the person the summons and a copy of the pleading being served, postage prepaid.
(4)Return.

(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.
(B)Accompanying Publication. A printed copy of the publication must accompany the affidavit.
(C)Effect. A properly filed affidavit is rebuttable evidence of compliance with the requirements for service by publication.
(n)Service in Other Circumstances. Service on a person or entity not described in Rule 41 may be made as provided in Civil Rules 4.1 or 4.2.
(o)Service; Parties Served; Continuance. When there are several respondents, and some are served with summons and others are not, the petitioner may proceed against those served or continue the action. The court may order the petitioner to proceed against those served.

Ariz. R. Fam. Law. proc. 41

Added Oct. 19, 2005, effective Jan. 1, 2006. Amended Sept. 5, 2007, effective Jan. 1, 2008;Sept. 16, 2008, effective Jan. 1, 2009;Sept. 2, 2016, effective Jan. 1, 2017; amended effectiveJan. 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 ΒΆΒΆ 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.