In the Arizona judicial system, delivering court documents to involved parties is essential to uphold due process and fairness. One method of serving these documents includes traditional techniques like personal hand delivery or using certified mail. Yet, there are situations where these methods may be impractical or ineffective. In such instances, alternative service by posting may be employed.
Alternative service by posting is a procedure utilized by the Superior Court of Arizona when standard methods of service prove unfeasible or unsuccessful. This approach entails placing the court documents in a public area designated by the court, often at the respondent’s residence.
The objective of alternative service by posting is to ensure that all parties in a case receive notice, even if personal service of the documents is not possible. By both posting and mailing the documents to the respondent, it ensures that individuals have the chance to become aware of the legal proceedings and respond accordingly.
STEP-BY-STEP INSTRUCTIONS FOR ALTERNATIVE MEANS OF SERVICE BY POSTING
Step 1: Completion of Motion for Alternate Service (Motion) and Order for Alternate Service (Order).
Generate two duplicates of the Motion and one copy of the Order. Address an envelope to yourself with appropriate postage.
Step 2: Filing the original Motion with the Clerk of the Superior Court and requesting stamped copies.
Submit the original Motion to the Clerk of the Superior Court and request that the copies be stamped for confirmation purposes.
- Deliver the following documents to the Court, specifying they are intended for the assigned Judge in your case. OR
- You may place the documents in the Judge's designated location (BOX) OR
- Mail them to the Judge
DOCUMENTS TO GET TO JUDGE:
- Original Order and one copy
- Two duplicates of the Motion
- One self-addressed envelope with postage
• Retain a copy of the Motion for your personal records.
Step 3: Awaiting a response from the court
Following the submission of your motion and order, the Judge will either sign the original order and forward a stamped copy to you or issue a Minute Entry indicating whether your motion has been approved or denied. In the event of a denial, you might consider seeking additional assistance or consulting with legal counsel.
Step 4: When authorized by the court to employ alternate service for serving the other party:
Alternate Service:
Execute service of court documents in accordance with the method endorsed by the Judge in their Order or Minute Entry. (Get the Order or Minute Entry to a process server to execute service.)
In conclusion, seeking alternative means of service by posting through a petition to the Superior Court of Arizona can provide an effective solution for serving legal documents when traditional methods are not feasible. However, it is essential to follow proper procedures and obtain court approval before utilizing this method.
Contact:
Process Server Associates, LLC.
602-848-2400
