Complaint Waived File With Court In Arizona
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If proof of service of the summons has not been filed within 60 days of the complaint's filing, the court may dismiss the action without prejudice.
A plaintiff representing herself may obtain and fill out a prepared Complaint form from the Clerk of the Court at the courthouse or online at each county court website or by visiting . The Complaint must be filed with the Clerk of the appropriate court.
Notably, the rule says a plaintiff may request a waiver of service, but depending on the lawyers and the jurisdiction, it is not necessarily standard practice. Waiving service of a summons does not waive any objection to personal jurisdiction or to venue.
You can refuse to accept documents from a process server. However, in most cases, if you do refuse to accept the documents, the process server is legally allowed to leave them next to you or at your feet. Whether you accept the documents or not, you are considered to be served.
WHAT IS THE WAIVER OF SERVICE PROCESS AND HOW CAN IT BENEFIT YOU. You can notify the Defendant of the commencement of the lawsuit and at the same time request that the Defendant waive service. This is done in ance the Arizona Rules of Civil Procedure 4.2(c) to avoid the costs associated with service of process.
Acceptance: “Sure. Send it on over. I won't quibble with the guy when he shows up at my door.” Waiver: “Nah, don't worry about serving it.
If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.
The defendant has 20 calendar days from service of process to file an answer (Form No. AOCLJCV4F) to the lawsuit.
An answer must be filed within TWENTY (20) calendar days from the date you were served with the civil summons and complaint. If the complaint was served outside of Arizona, the time to answer time is THIRTY (30) calendar days. In computing the time in which to file an answer, the date of service is not included.
