Arizona

Civil Procedure

Civil Procedure

Rule 5 – Serving Pleadings and Other Documents

(a) Service Generally.

(1)Scope. This rule governs service on other parties after service of the summons and complaint, counterclaim, or third-party complaint.
(2)When Required. Unless these rules provide otherwise, each of the following documents must be served on every party by a method stated in Rule 5(c):

(A) an order stating that service is required;
(B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(d) because there are numerous defendants;
(C) a discovery or disclosure document required to be served on a party, unless the court orders otherwise;
(D) a written motion, except one that may be heard ex parte; and
(E) a written notice, appearance, demand, or offer of judgment, or any similar document.
(3)If a Party Fails to Appear. No service is required on a party who is in default for failing to appear, except as provided in Rule 55. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4, 4.1, or 4.2, as applicable.
(4)Seizing Property. If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an appearance, answer, or claim must be made on the person who had custody or possession of the property when it was seized.
(b) Service; Parties Served; Continuance. If there are several defendants, and some are served with process and others are not, the plaintiff may proceed against those who have been served or move to defer disclosure or other case-related activity until additional parties are served.
(c) Service After Appearance; Service After Judgment; How Made.

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

(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 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 5(c)(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.

(4)Service After Judgment. After the time for appeal from a judgment has expired or a judgment has become final after appeal, a motion, petition, complaint, or other pleading requesting modification, vacation, or enforcement of that judgment must be served in the same manner that a summons and pleading are served under Rule 4, 4.1, or 4.2, as applicable.
(d) Serving Numerous Defendants.

(1)Generally. If an action involves an unusually large number of defendants, the court may, on motion or on its own, order that:

(A) defendants’ pleadings and replies to them need not be served on other defendants;
(B) any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and
(C) filing any such pleading and serving it on the plaintiff constitutes notice of the pleading to all parties.
(2)Notifying Parties. A copy of every such order must be served on the parties as the court directs.

Ariz. R. Civ. P. 5

Amended effective January 1, 2017.

State Bar Committee Note

2006 Amendment to Rule 5(c)

Like the former Rule 124(e), the amended rule authorizes service by electronic means if the recipient consents to such service in writing. As with other methods of service, an electronically served document must be in final form, which may be signified by the serving party’s signature or by a notation or action that is deemed by agreement, [court rule], local rule or court order as being the equivalent of the serving party’s signature. The consent to electronic service must be express, and may not be implied from conduct. For example, an attorney’s listing of his or her e-mail address on court filings, correspondence or on a website does not constitute “consent” within the meaning of this rule. Consent may be communicated by electronic means. The amended rule eliminates the provision in former Rule 124(e) requiring the consent to be filed with the court. The amended rule also authorizes service by “other means” if the recipient consents to such service in writing. “Other means” includes facsimile transmission and transmission by an overnight delivery service. Again, consent must be express, and may not be implied from conduct.

Parties are encouraged to specify the scope and duration of the consent to electronic service and service by “other means.” The specification should include at least the names of the persons to whom service should be made, the appropriate address or location for such service (such as the e-mail address or facsimile machine number), and the format to be used for attachments.

Service by electronic means or by “other means” is complete upon transmission, which occurs when the sender does the last act that must be performed by the sender. For example, electronic service is complete when the sender executes the “send” command on a computer to transmit the document to the recipient. Similarly, facsimile service is complete when transmission of the document on a facsimile machine is completed. Likewise, service by an overnight delivery service is complete when the sender makes delivery to the service designated to make the overnight delivery to the recipient. As with other modes of service, evidence that the intended recipient did not receive a document served by these methods may defeat the presumption that service has been effected.