Arizona

Family Law

Family Law

Rule 43 – Service of Other Documents After Service of the Summons, Petition, and Order to Appear

(a)Generally. This rule governs service after the summons, petition, or order to appear have been served. Rule 41 governs service of petitions for contempt.
(b)Service After Service of the Summons, Petition, and Response.

(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 otherwise or a specific rule requires service on the party.
(2)Methods of Service. A document is served under this rule by:

(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 or other national courier service 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 43(b)(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.

(c)Service After Judgment. After the time for appeal from a judgment has expired or a judgment has become final after appeal, a motion, petition, or other pleading requesting to modify, vacate, or enforce that judgment must be served in the same manner that a summons and pleading are served under Rules 40(f)(1) or 41, as applicable.

Ariz. R. Fam. Law. proc. 43

Added Oct. 19, 2005, effective Jan. 1, 2006. Amended Jan. 20, 2006, effective June 1, 2006;Sept. 5, 2007, effective Jan. 1, 2008;Sept. 16, 2008, effective Jan. 1, 2009;Aug. 28, 2013, effective Jan. 1, 2014; amended effectiveJan. 1, 2019..