An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. This document, an Affidavit of Due Diligence in Support of Service , is a model affidavit for recording the type of information stated. It must be signed before a notary, who must sign and stamp the document. Adapt the text to fit your facts. Available for download now in standard format(s).
Phoenix Arizona Affidavit of Due Diligence in Support of Service
State:
Arizona
City:
Phoenix
Control #:
AZ-DR-5-SVC
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Arizona Affidavit Of Due Diligence In Support Of Service?
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FAQ
Summary: A process server will try their best to serve you personally. However, if they can't find you, the court may grant an order for substituted service, and the lawsuit may proceed without you.
In most cases, a process server ? someone who delivers official documents like citations, depositions, warrants, etc. on behalf of the court ? can't leave papers just sitting under the doormat, but there are situations when they might still serve the documents without the intended recipient present.
The Sheriff, Constable or Process Server must tell the other person that these are legal papers, then leave the papers near the person (at their feet is fine), or by leaving the papers at the Defendant's dwelling with a person of suitable age and discretion who lives there.
I. Background Rule 4.2(c), Arizona Rules of Civil Procedure, authorizes service of the civil summons and complaint to the defendant outside of Arizona but within the United States by specific types of U.S. Mail or nationwide delivery services such as FedEx or UPS.
The person to whom a summons or other process is directed may accept service, or waive issuance or service thereof, in writing, signed by that person or by that person's authorized agent or attorney, and the acceptance or waiver shall be filed in the action.
Counter at the courthouse where you filed the court papers. Bring the original ?Acceptance of Service,? form plus two copies (one for you and one for the other party). The other party must now sign the original ?Acceptance of Service? in front of the Clerk of Superior Court at the filing counter.
We will generally make unlimited attempts to serve the paper; however as time is often a factor in the serving of legal documents we will work with you to get the documents served as quickly and efficiently as possible.
In any event, the serving party must mail the summons, the pleading being served, and any court order authorizing an alternative means of service to the last-known business or residential address of the person being served.
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.
