ARFLP Rule 42. Service of Process Outside Arizona

A.  Extraterritorial Jurisdiction; Personal Service Out of State. A court of this state may exercise personal jurisdiction over parties, whether found within or outside the state, to the maximum extent permitted by the constitution of this state and the Constitution of the United States. Service upon any such party located outside the state may be made as provided in this rule and when so made shall be of the same effect as personal service within the state.

B.  Direct Service. Service of process may be made outside the state but within the United States in the same manner provided in Rule 41(C) through (K) by a person authorized to serve process under the law of the state where such service is made. Such service shall be complete when made, and time for purposes of paragraph J shall begin to run at that time, provided that before any default may be had on such service, there shall be filed an affidavit of service showing the circumstances warranting the utilization of this procedure and attaching an affidavit of the process server showing the facts and circumstances of the service.

C.  Service by Mail or National Courier Service; Return. When the location of a party outside the state is known, service may be made by depositing, with delivery charges prepaid, the summons and a copy of the pleading and other documents being served with the United States Postal Service or any other national courier service that provides delivery and signature confirmation or certified mail, signed return receipt, to be sent to the person to be served. Service under this rule and the return or confirmation of service may be made by the party procuring service or by that party’s attorney. Service in this manner is only effective if the return receipt or signature confirmation is signed by the party to be served. Upon receiving from the U.S. Postal Service or other national courier service the signed return receipt, or a copy of the signature confirmation and cash register receipt or package label of the person being served, the serving party shall file an affidavit with the court stating:

1.  that the party being served is known to be located outside the state;

2.  that the summons and a copy of the pleading and other document being served were dispatched to the party being served;

3.  that such papers were in fact received by the party as evidenced by the receipt or copy of the signature confirmation and cash register receipt or package label, a copy of which shall be attached to the affidavit; and

4.  the date of receipt by the party being served and the date of the return of the receipt or signature confirmation to the sender.

This affidavit shall be prima facie evidence of personal service of the summons, the pleading and other documents to be served. Service shall be deemed complete and time shall begin to run for the purposes of paragraph J from the date of receipt by the party being served, provided that no default may be had on such service until the required affidavit has been filed.

D.  Service by Publication; Return. Service by publication is not sufficient to confer jurisdiction upon the court to determine issues of paternity, child support, spousal maintenance, division of marital property, or any other issue requiring personal jurisdiction over a party. In actions involving dissolution of a marriage, custody or any other issue not requiring personal jurisdiction over a party, and where the person to be served is one whose present residence is unknown but whose last known residence was outside the state or has avoided service of process, and service by publication is the best means practicable under the circumstances for providing notice of institution of the action, then service may be made by publication in accordance with the requirements of this subpart. Such service shall be made by publication of the summons and of a statement as to the manner in which a copy of the pleading and other documents being served may be obtained at least once per week for four successive weeks in a newspaper published in the county where the action is pending. If no newspaper is published in any such county, then the required publications shall be made in a newspaper published in an adjoining county. The service shall be complete thirty days after the first publication. When the residence of the person to be served is known, the party or officer making service shall also, on or before the date of the first publication, mail the summons, a copy of the pleading and other documents being served, postage prepaid, directed to that person at that person’s place of residence.

Service by publication and the return thereof may be made by the party procuring service or that party’s attorney in the same manner as though made by an officer. The party or officer making service shall file an affidavit showing the manner and dates of publication and mailing and the circumstances warranting utilization of the procedure authorized by this subpart, which shall be prima facie evidence of compliance herewith. A printed copy of the publication shall accompany the affidavit. If the residence of the person to be served is unknown, and for that reason no mailing was made, the affidavit shall so state.

E.  Service of Summons Upon Corporations, Partnerships or Unincorporated Associations Located Outside Arizona but Within the United States. Where the corporation or partnership or unincorporated association to be served is located outside the state but within the United States, service under this rule shall be made on one of the persons specified in Rule 41(J).

F.  Service upon Individuals in a Foreign Country. Unless otherwise provided by federal law, service upon an individual from whom a waiver has not been obtained and filed, other than a minor or an incompetent person, may be effected in a place not within any judicial district of the United States:

1.  by any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; or

2.  if there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice:

a.  in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or

b.  as directed by the foreign authority in response to a letter rogatory or letter of request; or

c.  unless prohibited by the law of the foreign country, by

1)  delivery to the party to be served personally of a copy of the summons and of the pleading; or

2)  any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or

3)  by other means not prohibited by international agreement, as may be directed by the court.

G.  Service of Summons Upon Minors and Incompetent Persons in a Foreign Country. Service upon a minor, a minor with a guardian or an incompetent person in a place not within any judicial district of the United States shall be effected in the manner prescribed by subdivision (F)(2)(a) or (F)(2)(b), or by such means as the court may direct.

H.  Service of Summons Upon Corporation and Associations in a Foreign Country. Unless otherwise provided by federal law, service upon a corporation or upon a partnership or other unincorporated association that is subject to suit under a common name, and from which a waiver of service has not been obtained and filed, shall be effected in a place not within any judicial district of the United States in any manner prescribed for individuals by paragraph F except personal delivery as provided in subdivision (2)(c)(1) thereof.

I.  Service of Summons upon a Foreign State or Political Subdivision Thereof. Service of a summons upon a foreign state or a political subdivision, agency, or instrumentality thereof shall be effected pursuant to 28 U.S.C. § 1608.

J.  Time for Appearance after Service Outside State. Where service of the summons and copy of a pleading and other documents required to be served is made outside the state by any means authorized by this rule, the person served shall appear and answer within thirty (30) days after completion thereof in the same manner and under the same penalties as if that person had been personally served with a summons within the county in which the action is pending.