Superior Court of Arizona in Pima County Service and Proof of Service Rules

The filing party, rather than the court, is responsible for serving the complaint and summons on the defendants.

Service of the Complaint and Summons must then be made upon defendant(s). This is the responsibility of the filing party, not the Court.

Applies to

Affidavit of service

After service is completed, an affidavit stating the date, time, and place of service must be filed with the civil clerk or electronically filed.

Upon completion of service, an Affidavit of Service is filed with the Clerk’s Office (Civil) or electronically filed setting forth the date, time and place of service.

After service and answer, copies of every subsequent filing must be provided to the assigned judicial officer and all other parties.

REMEMBER: Once a matter has been served and the parties have answered, copies of all subsequent filings must be provided to the assigned judicial officer and all other parties in the action.

Required family-law disclosures must be provided to the opposing attorney or self-represented party and must not be filed.

Disclosures required by Rules 49 and 91(m), ARFLP, must be provided to the opposing attorney or party, if self-represented, but must not be filed

Copies of filed documents must be provided to the opposing party or, if represented, that party's attorney.

Copies must be provided to the opposing party, or if represented, to their attorney.

Applies to

Motion to set and certificate of readiness

A copy of the Motion to Set and Certificate of Readiness must be provided to the opposing party, the assigned division, and Case Management Services.

A copy must be provided to the opposing party, the assigned division, and the Case Management Services department.

Applies to

Documents required under rules 49 e and 91 m

In child-support establishment or modification matters, a party must timely provide the required Rule 49(e) and/or Rule 91(m) documents to the other represented party or self-represented party without filing them with the clerk.

When seeking establishment or modification of child support, a party must timely provide to the other party’s attorney or to the party if self-represented, but not file with the Clerk of the Court, the documents as required by Rules 49(e) and/or 91(m), ARFLP.

Applies to

Documents required under rules 49 f and 91 m

In spousal-maintenance and attorney-fee or expense matters, a party must timely provide the required documents to the other represented or self-represented party without filing them with the clerk.

When seeking establishment or modification of spousal maintenance, and/or an award of attorney’s fees and costs, or expenses, a party must timely provide to the other party’s attorney, or, to the party if self-represented, but not file with the Clerk of the Court, the documents as required by Rule 49(f) and /or91(m), ARFLP.

Deadline

3 court days

Applies to

Documents or financial affidavit

Any document or financial-affidavit copy required by the rule must be provided to the other party no later than three court days before the hearing.

Whenever this rule requires a party to provide documents or the relevant financial affidavit, a copy must be provided to the other party no later than 3 court days before the date set for hearing.

Applies to

Blank financial affidavit and local rule 3 5

For a request for temporary spousal maintenance, child support, attorney fees, or expenses, the requester must serve a blank financial affidavit and a copy of Pima County Local Rule 3.5 in addition to the documents required by Rules 47–47.2.

In addition to the documents required by Rules 47-47.2, ARFLP, when a request for an Order to Appear is made for temporary spousal maintenance, child support, or a request for an award of attorney fees and/or expenses, the requesting party must serve a blank copy of the required financial affidavit and a copy of Pima County Local Rule 3.5.

Applies to

Financial affidavit

A timely copy of the financial affidavit must be provided to the opposing party’s attorney or, if self-represented, to the opposing party.

The opposing party must file the required financial affidavit, a copy of which must be provided to the party’s attorney, or, if self- represented, to the party in a timely manner.

Applies to

Blank financial affidavit and local rule 3 5

A requester filing a petition to modify spousal maintenance must serve a blank financial affidavit and a copy of Pima County Local Rule 3.5.

When a party files a petition for modification of a prior order for spousal maintenance, the requesting party must serve a blank copy of the required financial affidavit and a copy of Pima County Local Rule 3.5.

Applies to

Financial affidavit

In a spousal-maintenance modification, the opposing party must timely provide a copy of the filed financial affidavits to the applicant’s attorney or, if self-represented, to the applicant.

The opposing party must file the required financial affidavits, and provide a copy to the applicant’s attorney, or if self-represented, the applicant, in a timely manner.

Applies to

Blank financial affidavit and local rule 3 5

A requester filing a petition to modify child support generally must serve a blank financial affidavit and a copy of Pima County Local Rule 3.5.

When a party files a petition for modification of child support, the requesting party must serve a blank copy of the required financial affidavit and a copy of Pima County Local Rule 3.5.

Applies to

Enforcement financial documents

In an enforcement action, the listed financial documents must be exchanged with the other party but must not be filed with the clerk or attached to filed papers.

In an action to enforce an order to pay child support, spousal maintenance, or attorney fees and expenses, the documents listed below must not be filed with the Clerk of the Court or attached to any papers filed with the Clerk of the Court, but must be provided to the other party.

Applies to

Enforcement supporting documents

The opposing party must provide the applicant’s attorney, or the self-represented applicant, specified tax returns, four recent wage statements, applicable W-2, 1099 and K-1 forms, and any payment-support documents, without filing them with the clerk.

The opposing party must also provide the applicant’s attorney, or if self-represented, the applicant, copies of the following documents but must not file the documents with the Clerk of the Court: (1) That party’s most recently filed federal and state income tax returns, with all schedules; (2)That party’s 4 most recent consecutive wage statements from all employment; (3) That party’s most recent W-2, 1099, and K-1 forms, as applicable; and (4) Where the opposing party claims sums sought by the applicant have been paid, receipts or statements supporting the opposing party’s claim.

The written Request for Mediation must be served on the other party under Rule 41, and proof of service must be filed with the Clerk.

A copy of the written Request for Mediation must be served on the other party pursuant to Rule 41, ARFLP, and proof of service must be filed with the Clerk.

All conciliation petitions and related pleadings must be filed with the Clerk of the Court and served on the opposing party.

All petitions and other pleadings filed pursuant to A.R.S. § 25-381.09 and Rule 68(b), ARFLP, must be filed with the Clerk of the Court and served upon the opposing party.

The plaintiff must serve the FASTAR certificate on every defendant together with the summons and complaint.

The plaintiff must serve the FASTAR certificate on each defendant with the summons and complaint.

Applies to

Summons and complaint

In FASTAR cases, the plaintiff must serve the summons and complaint on every defendant within 90 days after filing the complaint.

The time limit of Civil Rule 4(i) does not apply to FASTAR cases. Instead, a plaintiff must serve the summons and complaint on every defendant within 90 days after the filing date of the complaint.

Applies to

Affidavit of publication

Service

Publication

When an order permitting service by publication is obtained within 90 days after filing, the affidavit of publication must be filed within 130 days after filing the complaint.

If a plaintiff obtains an order permitting service by publication under Civil Rule 4.1(l) or Civil Rule 4.2(f) within 90 days after the filing date of the complaint, the affidavit of publication must be filed within 130 days of the filing date of the complaint.

Applies to

Proof of service

The plaintiff must file proof of timely service within 90 days after filing, or within 130 days when service by publication applies, and must cure a missing proof of service within 15 days of the court's notice to avoid dismissal without prejudice.

If the plaintiff does not file proof of timely service within 90 days after filing the complaint or within 130 days if subsection (b) applies, the court will notify the plaintiff that it will dismiss the action without prejudice as to any unserved defendant 15 days after the date ===== PAGE 4 ===== of the court's notice, and without further notice, unless the plaintiff files proof of timely service within those 15 days.

Applies to

Request for waiver of service

A defendant located inside or outside Arizona must return the request for waiver of service within 15 days after the plaintiff sends it.

Regardless of whether a defendant is within or outside of Arizona, a defendant must return a request for waiver of service within 15 days after the plaintiff sent it.

Applies to

Response to complaint

A defendant located within Arizona must file a response to the complaint within 35 days after the plaintiff sends the waiver of service.

A defendant who is within Arizona must file a response to the complaint within 35 days after the plaintiff sent the waiver of service.

Deadline

30 calendar days

Applies to

Initial disclosure

The parties must serve their initial disclosure no later than 30 days after the first answer is filed, unless they agree or the arbitrator orders otherwise.

Unless the parties agree or the arbitrator orders otherwise, the parties must serve their initial disclosure no later than 30 days after the filing date of the first answer.

On the same day the award is filed, the arbitrator must mail or otherwise deliver copies to all parties.

On the same day, the arbitrator must mail or otherwise deliver copies of the award to all parties.

Applies to

List of witnesses and exhibits

The appellee may serve a Rule 26.1-compliant list of witnesses and exhibits no later than 20 days after the Notice of Appeal is served.

(3) No later than 20 days after the Notice of Appeal is served, the appellee may serve a “List of Witnesses and Exhibits Intended to be Used at Trial” that complies with Rule 26.1.

Applies to

List of witnesses and exhibits

If a party fails to serve a timely witness-and-exhibit list, that party's trial witnesses and exhibits are deemed to be those in a previously filed list or the Rule 123(b) prehearing statement.

(4) If any party does not serve a timely “List of Witnesses and Exhibits Intended to be Used at Trial,” that party's trial witnesses and exhibits will be deemed to be those set forth in any such list previously filed in the action or in the prehearing statement submitted under Rule 123(b).

Applies to

Summons complaint fastar certificate

The Summons, Complaint, and FASTAR Certificate must be served on all other parties within 90 days.

The Summons, Complaint and FASTAR Certificate (certifying whether the cause qualifies for the program) must be served on all other parties within 90 days.

The Court may permit only one 30-day extension of the service period, and no additional extension may be ordered.

Only one extension of 30 additional days to serve shall be permitted by order of the Court; the Court has no discretion to order more than one extension of time to serve.

Applies to

Notice

The parties may use private mediation as an alternative to Conciliation Court mediation only if they comply with Rule 67.3(d) and provide the notice to the Conciliation Court.

The parties may agree to mediate legal decision-making or parenting time disputes through a private mediator pursuant to Rule 67.3, ARFLP, as an alternative to mediation through the Conciliation Court only by complying with Rule 67.3(d), ARFLP, and providing a copy of the notice to the Conciliation Court.