WHAT DO PROCESS SERVERS IN ARIZONA DO?

This article will provide guidance on What Do Process Servers in Arizona Do? A process server is an individual who delivers court papers to the defendant or plaintiff. The server’s main responsibility is to deliver legal documents like summons and subpoenas to witnesses and defendants. The job of the process server is to find the person being served and provide them with the paperwork.

The applicants awarded certification as a private process server are entitled to serve process for any court of the state anywhere within Arizona. The Arizona Supreme Court has established a code for private process servers, which mandates the certification of process servers throughout the state. In accordance with this, the Superior Court in each county is responsible for overseeing the application, certification, and punishment of private process servers.

WHAT DOES A PROCESS SERVER NEED TO DO

The Clerk’s Office’s role and duties relating to the Private Process Server program include conducting the Certification Exam, processing application materials, keeping certification records, and handling complaints against process servers.

For a brand-new application, each process server needs to pay USD 188 (in cash, credit, or debit) plus USD 22 (in a money order made out to DPS Renewal).  Arizona’s Supreme Court has established statewide registration requirements for process servers. All hopefuls will be put through a written test. A private process server or specifically designated individual must be at least twenty-one (21) years old. They cannot be a party to the action whose process is being served, an attorney, or an employee of an attorney. At Undisputed Legal, the private process servers for Arizona are all up-to-date on the registration and service requirements. Our Arizona process servers serve all legal documents, including summons and complaints, divorce papers, family court documents, subpoenas, citations, small claims court cases, orders to show cause, petitions, discovery documents, evictions, landlord/tenant notices, motions, and more.

Except for the service of subpoenas, which may be made in accordance with Rule 45, service of process is usually done by the sheriff, a sheriff’s deputy, a private process server registered with the clerk of the court, or any other person, specially appointed by the court. Where permitted by the Rules, service of process may also be done by a party or that party’s attorney. With Undisputed Legal’s private process servers, the documents have an added layer of accountability to our clients so that service is done well as soon as possible. 

 A private process server or specifically designated individual must be at least twenty-one (21) years old. They cannot be a party to the action whose process is being served, an attorney, or an employee of an attorney. The procedure for requesting and recording the court’s approval of a special appointment to serve process is to move to the sitting judge of the Superior Court. 

Upon approval by the Supreme Court, any person who files with the clerk of the court an application stating that they have been a bona fide resident of the State of Arizona for at least one year immediately preceding the application and that he or she will well and faithfully serve process in accordance with the law and who otherwise complies with the procedures set forth by the Supreme Court in its Administrative Order will be eligible to act as a process server. For this function, the clerk is responsible for keeping a register.

ACCEPTANCE OF SERVICE

Acceptance of service or waiver of issue or service of process must be in writing, signed by the party to whom it is addressed or by that party’s authorized agent or attorney, and filed with the court clerk handling the proceeding. The individuals upon whom service is to be made may attend in open court in person, by an attorney, or by an authorized agent, and the clerk shall mark the appearance on the docket and put it in the minutes. The same legal consequence must attach to such waiver, acceptance, or presence as if a summons had been issued and served. An appearance must be made when a party files a pleading in response to a pleading. 

The person serving documents must provide documentation to the court if service is refused or waived. If service is done by someone other than the sheriff or a deputy sheriff, an affidavit of service must be filed as soon as possible to confirm that the process was completed. Any such affidavit from a private process server must include a specific mention of the county in which the private process server is registered. In the event that service is provided via a publication, the return of the person doing such service must be made. 

 Suppose service is made outside of a United States judicial district. In that case, the proof of service must comply with the relevant treaty or convention or a signed receipt from the addressee or other evidence of delivery to the addressee that is satisfactory to the court. At the very least, the return must occur before the deadline by which the person served might contest the service of process. The legitimacy of the service is unaffected by any failure to provide evidence of service.

TIME LIMITS OF PROCESS SERVers IN ARIZONA

If a defendant is not served with the summons and complaint within a hundred and twenty days of the filing of the complaint, the court may dismiss the action without prejudice as to that defendant. The court may also direct that service be effected within a specified time as long as the plaintiff shows good cause for the failure, and the court may extend the time for service for an appropriate period. 

Undisputed Legal has servers local to Arizona, which allows us to provide all of our clients with professional process servers, delivering three (3) levels of Arizona process service. Depending on the requirement, service may be done in a routine, rush, or mail manner. With routine process service, the server will make its first attempt within  3-7 business days, while rush process service sees the first attempt within forty-eight hours. Depending on the urgency, service by mail may also be done within twenty-four hours.    The only difference in the levels of service (Routine & Rush) is the start times since they all include the Arizona process server making up to three (3) attempts (Morning, Afternoon & Evening).

Court papers may be served anywhere within the state’s borders. In the event of a complaint, a summons must be served along with it. It is proper to serve both the summons and the pleading at the same time. The party seeking service must ensure that copies of the pleading to be served are provided to the person affecting service and that the summons is served within the period specified.  By waiving serving of process, a defendant does not give up their right to challenge the court’s jurisdiction or venue.

If the defendant requests and promptly submits a waiver of service prior to being served with the process, the deadline for serving an answer to the complaint is extended to sixty days from the day the request for waiver of service was submitted.

SERVICE OF SUMMONS AND OTHER DOCUMENTS.

Service upon an individual upon whom a waiver has not been obtained and filed will be effected by delivering a copy of the summons and of the pleading to that individual personally or by leaving copies thereof at that individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and the pleading. 

A private process server in Arizona must be certified and follow the rules established by the Arizona Supreme Court, which include A.R.S. 12-3301, the Arizona Rules of Civil Procedure, administrative orders, and the code provisions.  Process Servers in Arizona exclusively employs seasoned Process Servers who have fulfilled the most recent licensing, education, and bonding requirements established by the jurisdiction in which they serve the process. Undisputed Legal, Inc. is a professional process-serving agency that tracks down and serves court documents on fugitive defendants and witnesses.

LICENCING AS REQUIRED BY process servers in ARIZONA

Besides the identity card provided by the clerk, a government employee serving as a process server is permitted to carry any employer-issued identification that identifies the employee as a government employee serving as a process server. When serving process outside of their official role as government employees, process servers must get certified as required by this code section. They must adhere to all regulations that apply to private process servers in Arizona.

The director shall supply the clerk with numerous administrations of the first certification state examination, and the clerk does not administer any additional exams. No copies of the test or answer sheet may be distributed to applicants or the general public. The minimum score required to pass the state test for the first certification is set by the Director.

If the presiding judge, following a review of evidence provided by the clerk, finds that an applicant committed fraud, dishonesty, or corruption during the examination or any later examination, the applicant will be permanently barred from taking any further examinations. Following approval by the court or presiding judge in the county where the application was filed, the clerk will register the applicant as a certified private process server. This certification will remain in effect unless and until the court revokes it. For this reason, the clerk must keep a register. Any court in the state of Arizona will recognize a private process server who has obtained the necessary certification to do so. Please visit our rules and laws page, Arizona Rules of Civil Procedure.  For instructions on How To Serve Legal Papers in Arizona, Click Here!

for assistance serving legal Papers in Arizona

Simply pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large!  For a complete list of our Arizona Process Service Coverage Areas, Click Here!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives.”– Foster, William A

Sources

1. Pursuant to Arizona Revised Statutes §12-3301 and Rule 4, Arizona Rules of Civil Procedure

2. Section 7-204: Private Process Server of the Arizona Code of Judicial Administration

3. The sheriff or deputy sheriff serving the process must quickly deliver the return to the court with an official endorsement.

4. Any process or evidence of service thereof may be changed at any time, in the court’s discretion, unless it shows that serious injury would arise to the substantial rights of the person against whom the process was issued.

5. In place of the sworn oath required, a person may subscribe to a proof of service by providing an unsworn statement under penalty of perjury. 

This is done according to Rule 80(i) of the RCP (effective 12/1/96). What it suggests is the following format: “Under penalty of perjury, I at this moment affirm (or certify, verify, or assert) that the above is accurate and correct.

Dated this (Signature) day of (Year).”

6. All documents required or permitted for service by a sheriff or constable pursuant to Section 11-441, Subsection A, Paragraphs 6 and 7, Section 11-447, and Section 11-448 may be served by a certified private process server before, during, or apart from court action, with the exception of writs or orders requiring the service officer to sell, deliver, or take into custody persons. Arizona Rule of Civil Procedure 4(e) states that a “private process server” which has received proper training is “entitled to serve in such capacity for any state court within Arizona.”

7. If the applicant fails the reexamination, they have ninety days from the date of the reexamination to submit a written request for another try at the exam, provided that the following conditions are met:

1. The applicant is not otherwise disqualified from retaking the examination; 
2. The applicant takes the reexamination within 90 days of the date of applying;
3. The applicant is provided and shall take a different examination than the one they took for the initial reexamination; 
4. The applicant may submit a written request addressed to the presiding judge requesting permission to reapply and retake the initial certification state examination for the third time; 
5. The applicant must include documentation showing attendance at and successful completion of a course of study specific to the private process server profession to help demonstrate the circumstances and reasons for believing the applicant now possesses the knowledge and skills necessary to pass the examination. 

The applicant has no recourse to a hearing if the sitting judge rules against his or her request to take the test a third time. If the applicant’s request to retake the test is refused by the presiding judge, they will have to wait a full year before submitting a fresh application.

8. The certification decision is made by the presiding judge when the results of the state and national criminal history records checks are received, as required by A.R.S. 41-1750 and -1758 and relevant federal legislation. The presiding judge may request any further information reasonably required to evaluate whether or not the applicant satisfies the requirements of this code section prior to issuing the certification. If there is a delay in the completion of the national criminal history record checks that are beyond the control of the applicant or the court, the presiding judge may provide certification to the applicant until receipt of the checks.