Recommended Reading… Memoirs of a Public Servant — Charleston Hartfield

A little off topic from the business of process serving, skip tracing and legal document preparation.  This will be published in an upcoming issue of the APSA Newsletter:

The senseless murder of Las Vegas Metropolitan Police Officer Charleston Hartfield and others at the Route 91 Harvest Festival was a shock to so many of us.  The memory of the crimes committed by the madman who brought us this atrocity in the city of lights will live for a long time.  For the victims, it was an altogether unjust ending.  However, for one, he left behind a written legacy documenting his feelings, thoughts and interactions about his personal and professional life.

I first heard about this book when reading some postings on Facebook.  After reading the recommendations and blurb on Amazon (“Documenting the thoughts, feelings, and interactions...in the busiest and brightest city in the world, Las Vegas. This memoir takes you through the personal interactions experienced by a Police Officer with not only the community he seeks to serve but with his partners and their personalities. Some calls are over in an instant while others stick with you forever...”), I felt compelled to buy it. 

I’m glad I did.

Reading gives insight into the mind of others.  It also gives perspective.  When most of us see police officers, we  stop looking past the badge and uniform.  This memoir brings us beyond, for a greater opportunity to see the human side of the officer — the child who grew up, the husband, father and son haunted by his parents’ abandonment, and his determination not to repeat their bad behavior.

I found his candid note of August 22, 2016 to be a most striking example of personal insight into his own character as a father and husband:

Been grinding and working all kids of crazy hours over the last few weeks.  I have taken pretty much every overtime gig that I can find.  Consuming myself with work isn’t new to me,...however in doing so I have missed out on a few things happening at home.

...As I was scoping out Snap Chat I see that my son has dyed his damn hair...Have I really been that disconnected from my own family that I didn’t know that my own son has dyed hair?  Have I really become a provider that doesn’t exist?  The dad that’s dad via water, power and mortgage minus the guidance and present living conditions?...

This is terrible, but let it be acknowledged, accepted and never forgotten, I refuse to not be there for my children and my wife.  I have fought so hard to have the things that I never knew existed when I was a child.  I want to provide and give them the world, but I also want to experience it with them.  Presence is by far the best form of parenting I can ever provide.  It’s the largest piece of the puzzle that was missing from my childhood and I can see myself starting to follow that trend. ...not being there is not an acceptable parenting practice.

Memoirs of a Public Servant is available on Amazon for less than $15 and well worth it. -- BRG

Foreign Subpoena Preparation on the Fly

A law office paralegal recently called me with an emergency, saying her attorney needed a foreign subpoena to conduct a deposition and get records from an out of state witness and they didn't know what to do. 

I was happy to help. For me, it was a simple process, having been doing these for several years in several states. 

The complication in the client's mind was they needed everything done on a rush basis because there were very few days left in the window to get and serve the subpoena. "No problem", I said, "I'll get it done for you".

Having the knowledge to complete a critical task for your client is a godsend, especially when discovery time is running short. The job was done -- the subpoena was issued, the witness was served, and the client is happy. 

It was a good day for all. 

If we can help you, please call me at (623) 640-0602.  You'll be glad you did.

Your Legal Document Preparer

Legal Document Preparation

A Legal Document Preparer (LDP) may provide factual information on the preparation of your legal documents.  An LDP is not an attorney, and legal advice is not rendered.  If you need legal advice, please contact an attorney.  LDP’s may only provide services to clients who are self-represented (those without an attorney).  An LDP cannot choose which form to fill out for the client; the client must direct the LDP as to their needs.  RapidRPS.com provides legal document preparation as well as service of process.  A notary public is also on staff, as well.  

Are Legal Document Preparer fees recoverable?  Arizona Revised Statutes, §12-341.02 states:  “The court may award to the prevailing party the cost of document preparation if prepared by a legal document preparer who is certified by the supreme court.  The party seeking recovery will file a sworn affidavit of costs with the court.”  When your documents are prepared, if applicable, we will enter our fees for service, any other post-judgment fees incurred, including process server fees (whether you use RapidRPS or another process server), and other costs and fees you notify us which may be recoverable on the cost statement.  We make no legal determinations, therefore if you believe a cost or fee incurred in the prosecution or defense of your case is recoverable, it is entered at your direction.

Getting started using RapidRPS.com as your Legal Document Preparer.  For all matters, we must have your name, address, telephone number and email address.  For post-judgment enforcement matters, we must have a copy of your judgment, fees and other costs incurred, as well.  You can email your documents to service@rapidrps.com, or if you prefer, fax your documents and contact information to (623) 321-5964.  Once our office receives the documents and your contact information, a Retainer Agreement (see below) is produced.  We may need certain other documents and information from you, so your contact information is essential.

What is a Retainer Agreement and why do I need one?  The Retainer Agreement is our contract.  It specifies what each of us should expect the other to do, and like other professional services (i.e.: doctor, lawyer, etc.), the Retainer Agreement serves to outline our responsibility and limitations.  While we don’t need to have the original document on file, we do need a signed emailed or faxed copy.  

Do I need to make payment up front?  Payment for all services must be made in advance.  Legal Document Preparers are prohibited from working on contingency (percentage of recovery).  All fees must be disclosed to our clients.  Once we know your needs, a written invoice is rendered.  We accept checks if you send your documents to us by return U.S. Mail or Fedex.  We also take credit or debit card payments through our website.

What about the attorney-client privilege?  A Legal Document Preparer is not an attorney, and cannot render legal advice.  Anything disclosed to your LDP may be discoverable in a court or administrative hearing.  The attorney-client privilege does not apply to your Legal Document Preparer.

Can you prepare all legal documents?  Legal Document Preparers may prepare legal documents per their client needs and direction; however, are responsible for seeing that the job is done properly.  At RapidRPS.com, we strive to give our clients superior service, and do not take on assignments outside of that which we can promise to deliver.  For that reason, legal document preparation matters are limited to the following:

Judgment enforcement:  We may prepare Garnishments, Order(s) to Appear for Examination, Subpoenas, Real Property Liens, Transfer (Transcript) Judgments, Renewals, Satisfactions, and Foreign Judgment Domestication.  

Evictions, civil and small claims:  We may prepare eviction and certain other civil documents (i.e.: summons and complaints), and motions (i.e.: Alternate Means of Service).  Small claims documents are also prepared.  We may assist with the completion of protective order applications, and may provide information about and referral to the Arizona Address Confidentiality Program. 

Subpoenas:  Foreign Deposition Subpoenas are prepared, as well as subpoenas originally issued through our local courts.  

We will be happy to assist you in any way we can, whether your need is for a Legal Document Preparer, Certified Process Server, or both.  Call our office at (877) 472-7431 or (602) 254-7274.

Using RapidRPS.com as your Legal Document Preparer

Getting started using RapidRPS.com as your Legal Document Preparer.  For all matters, we must have your name, address, telephone number and email address.  For post-judgment enforcement matters, we must have a copy of your judgment, fees and other costs incurred, as well.  You can email your documents to service@rapidrps.com, or if you prefer, fax your documents and contact information to (623) 321-5964.  Once our office receives the documents and your contact information, a Retainer Agreement (see below) is produced.  We may need certain other documents and information from you, so your contact information is essential.

What is a Retainer Agreement and why do I need one?  The Retainer Agreement is our contract.  It specifies what each of us should expect the other to do, and like other professional services (i.e.: doctor, lawyer, etc.), the Retainer Agreement serves to outline our responsibility and limitations.  While we don’t need to have the original document on file, we do need a signed emailed or faxed copy. 

Do I need to make payment up front?  Payment for all services must be made in advance.  Legal Document Preparers are prohibited from working on contingency (percentage of recovery).  All fees must be disclosed to our clients.  Once we know your needs, a written invoice is rendered.  We accept checks if you send your documents to us by return U.S. Mail or Fedex.  We also take credit or debit card payments through our website.

What about the attorney-client privilege?  A Legal Document Preparer is not an attorney, and cannot render legal advice.  Anything disclosed to your LDP may be discoverable in a court or administrative hearing.  The attorney-client privilege does not apply to your Legal Document Preparer.

Can you prepare all legal documents?  Legal Document Preparers may prepare legal documents per their client needs and direction; however, are responsible for seeing that the job is done properly.  At RapidRPS.com, we strive to give our clients superior service, and do not take on assignments outside of that which we can promise to deliver.  For that reason, legal document preparation matters are limited to the following:

Judgment enforcement:  We may prepare Garnishments, Order(s) to Appear for Examination, Subpoenas, Real Property Liens, Transfer (Transcript) Judgments, Renewals, Satisfactions, and Foreign Judgment Domestication. 

Evictions, civil and small claims:  We may prepare eviction and certain other civil documents (i.e.: summons and complaints), and motions (i.e.: Alternate Means of Service).  Small claims documents are also prepared.  We may assist with the completion of protective order applications, and may provide information about and referral to the Arizona Address Confidentiality Program. 

Subpoenas:  Foreign Deposition Subpoenas are prepared, as well as subpoenas originally issued through our local courts. 

We will be happy to assist you in any way we can, whether your need is for a Legal Document Preparer, Certified Process Server, or both.  Call our office at (877) 472-7431 or (602) 254-7274.

Arizona's Most Commonly Used Rules for Service of Process (Updated 2015)

Arizona's Most Commonly Used Rules for Service of Process (Updated 2015)

In Arizona, service of process is covered under several rules and statutes.  Most of the time, Process Servers are tasked with serving civil process.  The Supreme Court has devised a set of rules which Process Servers, Sheriffs and Constables must abide by in serving legal process.  Additionally, the legislature has passed certain statutes affecting service of legal process, as well (discussed separately).  The most common rules governing service of process are posted here:

(d) Service of Summons Upon Individuals. Service upon an individual from whom a waiver has not been obtained and filed, other than those specified in paragraphs (e), (f) and (g) of this Rule 4.1, shall 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 of the pleading to an agent authorized by appointment or by law to receive service of process.

(e) Service of Summons Upon Minors. Service upon a minor under the age of sixteen years shall be effected by service in the manner set forth in paragraph (d) of this Rule 4.1 upon the minor and upon the minor's father, mother or guardian, within this state, or if none is found therein, then upon any person having the care and control of such minor, or with whom the minor resides.

(i) Service of Summons Upon Corporations, Partnerships or Other Unincorporated Associations. Service upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit in a common name, and from which a waiver has not been obtained and filed, shall be effected by delivering a copy of the summons and of the pleading to a partner, an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the party on whose behalf the agent accepted or received service.

(j) Service of Summons Upon a Domestic Corporation If Authorized Officer or Agent Not Found Within the State. When a domestic corporation does not have an officer or agent in this state upon whom legal service of process can be made, service upon such domestic corporation shall be effected by depositing two copies of the summons and of the pleading being served in the office of the Corporation Commission, which shall be deemed personal service on such corporation. The return of the sheriff of the county in which the action or proceeding is brought that after diligent search or inquiry the sheriff has been unable to find any officer or agent of such corporation upon whom process may be served, shall be prima facie evidence that the corporation does not have such an officer or agent in this state. The Corporation Commission shall file one of the copies in its office and immediately mail the other copy, postage prepaid, to the office of the corporation, or to the president, secretary or any director or officer of such corporation as appears or is ascertained by the Corporation Commission from the articles of incorporation or other papers on file in its office, or otherwise.

(k) Alternative or Substituted Service. If service by one of the means set forth in the preceding paragraphs of this Rule 4.1 proves impracticable, then service may be accomplished in such manner, other than by publication, as the court, upon motion and without notice, may direct. Whenever the court allows an alternate or substitute form of service pursuant to this subpart, reasonable efforts shall be undertaken by the party making service to assure that actual notice of the commencement of the action is provided to the person to be served and, in any event, the summons and the pleading to be served, as well as any order of the court authorizing an alternative method of service, shall be mailed to the last known business or residence address of the person to be served. Service by publication may be employed only under the circumstances, and in accordance with the procedures, specified in Rules 4.1(l), 4.1(m), 4.2(f) and 4.2(g) of these Rules.

Getting Your Out of State Subpoena Issued in Arizona

Out of State Subpoenas Issued in Arizona by RapidRPS.com

RapidRPS prepares and serves subpoenas from foreign jurisdictions.  As experienced, local professionals, RapidRPS may provide you with the Arizona process serving you need.

In Arizona, three types of subpoenas are issued.  The subpoena may require a person to: (A) attend and give testimony at a deposition; (B) produce and permit inspection and copying…of tangible things in the possession, custody, or control of the person; or (C) permit inspection of premises under the control of the person. 

Foreign subpoenas are issued in Arizona under ARCP Rule 45.1: Interstate depositions and discovery.  Make RapidRPS your source for obtaining your foreign subpoena.

RapidRPS charges a reasonable fee ($89, non-rush) to prepare and file a subpoena for out of state counsel in the metropolitan Phoenix area.  This fee excludes court filing and issuance fees.  Service of process upon each witness is generally $79 (non-rush basis; rural or non-metropolitan areas may be higher).  Because Arizona court rules adopted the language and procedures outlined in the Uniform Interstate Deposition & Discovery Act, both the courts and RapidRPS were able to lower our respective fees. 

Give RapidRPS and ask how they can prepare, file and serve your subpoena.  You can reach us any time at (877) 472-7431 or by email at service@rapidrps.com.