In Arizona, while there isn't a strict legal mandate specifying an exact number of attempts a process server must make, professional process servers typically undertake multiple, diligent efforts—often between 3 to 5 attempts—to ensure successful service of legal documents. This approach is a standard practice designed to meet the legal requirement of due diligence and uphold the recipient's right to proper notice.
Understanding Due Diligence in Arizona
The primary goal of a process server is to deliver legal documents (like summonses, complaints, subpoenas, or writs) to an individual or entity, providing them official notice of a legal action. Arizona's Rules of Civil Procedure emphasize the need for "due diligence" in attempting personal service. This means a server must make genuine, reasonable efforts to locate and serve the intended recipient.
Key Aspects of Diligent Service in AZ:
- Varied Times: Attempts are made at different times of the day, including mornings, afternoons, evenings, and sometimes weekends, to account for various schedules.
- Different Days: Attempts are spread across multiple days to avoid missing the recipient due to routine absences.
- Investigation: Process servers may conduct light investigations, such as checking with neighbors or property managers (if permissible), to ascertain the best time to find the individual.
This multi-attempt strategy, often involving at least three distinct attempts at different times and on different days, is crucial for demonstrating that every reasonable effort was made to personally serve the documents. This ensures due process and protects the rights of the recipient by giving them ample opportunity to receive the legal notice.
Typical Process Server Attempt Scenarios
Professional process serving companies generally follow a methodical approach to ensure compliance and effectiveness.
Attempt Type | Timing Example | Purpose |
---|---|---|
First | Weekday, Mid-Morning | Initial attempt, often during standard business hours. |
Second | Weekday, Evening/Late PM | To catch individuals after work or at home. |
Third | Weekend (Sat/Sun) or Early Morning | To account for different routines, or before they leave for work. |
Subsequent | Varied, strategic | If previous attempts fail, based on information gathered. |
It's important to note that these are common practices, and the exact number and timing of attempts can vary based on the specifics of the case, the information provided, and the process server's discretion.
What Happens After Multiple Failed Attempts?
If a process server makes multiple diligent attempts and is still unable to personally serve the documents, they will typically prepare a detailed affidavit of non-service outlining all efforts made. At this point, the plaintiff or their attorney can petition the court for alternative methods of service, such as:
- Substituted Service: Leaving the documents with a competent person at the defendant's residence or place of business and then mailing a copy.
- Service by Publication: Publishing notice of the lawsuit in a newspaper, typically as a last resort when the defendant cannot be located.
- Service by Mail: In some specific cases, the court may allow service by certified mail.
These alternative methods usually require court approval, demonstrating that all reasonable efforts for personal service have been exhausted, further emphasizing the importance of a process server's diligent attempts.