Service of Process Outside Arizona
While the filing of the lawsuit constitutes the formal start of the legal action, and stops the statute of limitations, service of process on the defendant must be accomplished under the Arizona Rules of Civil Procedure. The complaint (lawsuit) is merely the statement of the plaintiff’s claim. The Clerk of the Court issues a summons under the seal of the court, announcing the presence of the court and gives the defendant notice that the Arizona court is assuming jurisdiction for the purpose of resolving the “controversy,”...
read moreAlternative or Substitute Service in Arizona
The Arizona court can direct an alternative method of service of process when other methods become impracticable. While the rule was primarily addressed to the situation when a third party, such as a residential security guard or office receptionist, denies access to the person on whom service is sought, it is not limited in its application to such situations. An application must be made to the court for authority to employ alternative service and, regardless of the alternative method of service the court authorizes. a copy of the summons,...
read moreService Upon Corporations Under Arizona Law
Corporations that are organized under the laws of Arizona, and “foreign” (out-of-state) corporations that conduct business in Arizona, such as Microsoft, are required by statute to appoint a resident of Arizona to accept service of process. The usual manner of accomplishing service upon such a corporation is to serve that “statutory agent.” Service may also be effected upon an officer or managing or general agent. The officer or agent served, on the other hand, must be of a character and rank that assures that the...
read moreVoluntary Appearance in Arizona
In Arizona, a person may voluntarily accept service by formally signing an acceptance or waiver of service, which must be in writing, or by entering a general appearance in the action. This rule also applies to litigants in Arizona courts without attorneys. A general appearance by a party or counsel has the same effect as a timely and valid service of a summons. Mere physical presence in court, however, without participation in the proceedings, does not constitute an appearance. Such an appearance is usually referred to as a “special...
read moreReturn of Service in Arizona
Return of service in Arizona refers to the time when the process server files an affidavit of service with the court indicating whether he served the defendant or was unable to serve him. He can try later to serve the defendant again once he obtains more specific information on his whereabouts. The judge gets a copy of the affidavit for her file. A return of service must be made within the time during which the person must respond to the lawsuit. The return of service by the sheriff or duly appointed or registered process server may be...
read moreAmending Process in Arizona
Under the Arizona Rules of Civil Procedure, the judge may permit an amendment to process of service or to the proof of service unless the amendment would result in “material prejudice” to the “substantial rights” of the party against whom the process was or is issued.
read moreReplacement Summons in Arizona
The Arizona Rules of Civil Procedure now authorizes the Clerk’s issuance of what is called a “replacement summons” when the original summons is lost or is, for some reason, returned without being served. A replacement summons is deemed to have been issued on the same date as the original summons.
read moreThe Summons in Arizona
The summons tells the defendant he is being sued. It is normally served by a certified process server along with the lawsuit and other ancillary documents. The summons also informs the defendant that he must “appear and defend” himself within 20 days after he was served with the summons and complaint (the lawsuit). The phrase appear and defend means the defendant can file an answer to the lawsuit or a motion to dismiss the lawsuit, among other motions at his disposal. If the summons is served outside Arizona, the defendant has 30...
read moreArizona Service Upon Unknown Heirs By Publication
Service in Arizona may be accomplished by publication in actions involving real property where parties of unknown heirs are necessary to complete the lawsuit. The publication need only be made in the county where the action is pending because, by definition, there will be no last known residence addresses for the heirs in question, so it makes no sense to advertise in every county in Arizona.
read moreRemoving a Lis Pendens in Arizona
We spoke last time about what a lis pendens is. We will address now how to remove one. In Arizona, the removal of an improper lis pendens can be secured through motion or application in that action in connection with which it was filed. The law also allows the owner or beneficial title holder of the real property affected to bring an independent action to claim title to the property and for damages. The denial of a motion to quash a lis pendens is not an order that can be appealed to the Arizona Court of Appeals. Relief may be available,...
read moreAbout Alan Ariav
Officer and director of law firms who, as a senior attorney, supervised legal staff and associate attorneys... Read More