Alternate Means of Service - ARCP Rule 4.1(k)

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.