• Personal Service – when the Sheriff, Constable, or Certified Process Server hand delivers the Complaint
and Summons to the Defendant, or to a person of suitable age and discretion who lives with Defendant. The
Sheriff, Constable or Process Server must tell the other person that these are legal papers, then leave the
papers near the person (at their feet is fine), or by leaving the papers at the Defendant’s dwelling with a person
of suitable age and discretion who lives there. The person they serve does not have to accept the papers, or
say, or sign anything. ARCP 4.1(d), 4.2(b).
• Publication - After you follow the list of ways to locate the Defendant (in #11 below), and you still cannot find
the Defendant, you may request (by motion) an order from the court allowing you to use this type of service.
You motion must convince the court by describing all your past unsuccessful attempts to serve the Defendant,
that you have a valid claim against the Defendant, and that the Defendant you are trying to serve is necessary
to the case. Only with the Court’s permission, may you serve the Defendant by publication. ARCP 4.1(l), 4.2(f).
• Alternative Service – (Court permission required). After you attempt to locate the Defendant (See list in #9
below), and you still cannot find the Defendant, you may request (by motion) an order from the court
allowing you to use this type of service. With Court permission, you then may give the court papers to the
Sheriff, Constable, or Process Server who serves process on the Defendant by leaving the court papers
with someone other than a party to the lawsuit. ARCP 4.1(k). Also, you must mail the Summons and the
Complaint and the Court order authorizing alternative service to Defendant’s last known business or
residence.
Note: If you have a complicated case, or your case involves a Defendant from outside Arizona, ask an attorney for
assistance in interpreting the rules and means of service that best fits your case.
6. Who can serve the court papers in a Civil Case?
The Arizona Rules of Civil Procedure Rules 4(d) state that the people listed below may affect service
within Arizona. These persons must not be involved in the case and must swear to the date, and method of
delivery of the court papers.
• The county Sheriff, or Sheriff’s deputy,
• The county Constable, or Constable’s deputy
• A Certified Private Process Server
YOU CANNOT SERVE YOUR OWN DOCUMENTS!
7. Does it cost money to serve the Civil Complaint and Summons?
YES. The county sheriff, constable, or certified process servers charge for serving the Civil Complaint. The
charges vary, so ask questions about the cost before you file at the court or hire a process server.
8. What if I cannot afford to pay a process server?
If you cannot pay a process server to serve your civil Complaint, ask for a Fee Deferral/Waiver packet at the
Law Library Resource Center. The last form in the Fee packet involves service of process. Complete this form,
especially noting the Defendant’s exact address on the last page. Fill out the remainder of the form if you are
also request a Fee Deferral or Waiver. Deliver this Fee packet to the clerk of court at the same time you
file your Civil Complaint packet.
© Superior Court of Arizona in Maricopa County CVC20h 100317
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