Notice Waiver

A Simple Answer to "What Happens if a Process Server Can't Serve You?" The simple answer to your question is that the court continues without you. Evidence is brought forth without a rebuttal or defense from you and a judgment is issued.

How long do I have to serve the Defendant? Generally, your Summons and Complaint must be served within 90 days after you file the Complaint. (ARCP 4(i)) If you fail to serve the Defendants within 90 days, your Complaint will be dismissed.

Service of Process in Arizona can be carried out 7 days a week, 24 hours a day. Some states regulate certain times of day, i.e. not after 10pm or not on a Sunday, but in Arizona process service is non stop!

Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court,

The Arizona Corporation Commission (ACC) procedure for accepting service of process is being simplified. The procedure is outlined below. The following is required to serve an entity through the ACC:Two (2) copies of each document being served (e.g., 2 copies of the summons and complaint, or 2 copies of a motion);

"Service of process" is limited to the Summons and Complaint. A defendant can waive service of process by making a general appearance in the litigation...

If you sign a waiver of service you relieve the plaintiff of its obligation for the delivery of the summons by personal service (i.e. getting it from a process server). You also give up a right to proof of service and allow voluntary acceptance of service.

For the waiver to be effective, the defendant or the defendant's counsel must sign the waiver of service and return it to the plaintiff within the time allowed and the plaintiff must file the executed waiver with the court within 120 days after the action was commenced (FRCP 4(d)(4) and 4(m)).