Alternate
Means of Service by RapidRPS.com
In 2013, the Arizona Supreme Court changed several of the
rules pertinent to service of process. Needless
to say, RapidRPS has been pretty busy keeping up with the changes in the
various rules and statutes. Our process
servers are trained to the highest standards and encouraged to obtain the best
continuing education they can.
When defendants, witnesses or other persons are
intentionally avoiding service, or when service is impracticable or impossible
due to physical or other barriers to property (including property posted and
fenced under the Trespass statutes), Arizona has a unique method of an
Alternate Means of Service.
An Alternate Means of Service is applicable to legal process
issued by Arizona courts and allowed by Arizona Rules of Civil Procedure, Rule
4.1(k) (formerly 4.1(m)), which states:
(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.
When service is unable to be effected, the server utilized
by RapidRPS will render a Non-Service declaration (or affidavit), which our
client may then use to support a Motion for Alternative Means of Service. Of course, because RapidRPS is a Certified
Legal Document Preparer, we can prepare the motion and related documents. (If you are interested, please let us know. Our fee for Legal Document Preparation of the
motion and related documents is $89.)
Once prepared, the Motion and a (Proposed) Order will need
to be filed with the Clerk of the Court, who must present it to the judge for
his/her signature for consideration of an Order.
Upon issuance of the Order, the RapidRPS Process Server will
be assigned to return to the property and serve the documents in accordance
with the Court’s Order. (An additional
service of process fee will apply.)
After service of the legal documents in the manner of the
Court’s Order, the Proof of Service document is produced and remitted to the
client (or filed with the Clerk of the Court).
If you have any questions, or would like to arrange filing
or service of legal papers, contact RapidRPS.com at (877) 472-7431 or by email
at service@rapidrps.com.
Disclaimer: This article was written for educational
purposes only. Nothing in this communication should be considered legal advice.
The reader should do his/her own research to verify the accuracy and
applicability of the information presented.
At RapidRPS, we not only serve legal process, but also prepare legal
documents for enforcement of your judgment and other purposes. Neither RapidRPS
nor any of our employees, assigns or agents are attorneys. We do not render
legal advice. If you require legal advice, please consult your own counsel.