Arizona Laws 28-2327. Service on director; notice to nonresident; fee; proof of service
A. Service of process under section 28-2326 is made by leaving a copy of the summons and complaint and a fee of four dollars with the director or in the director’s office during office hours. The service of process is deemed sufficient service on the nonresident if either:
Terms Used In Arizona Laws 28-2327
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Director: means the director of the department of transportation. See Arizona Laws 28-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nonresident: means a person who is not a resident of this state as defined in section 28-2001. See Arizona Laws 28-101
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Service of process: The service of writs or summonses to the appropriate party.
- State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
- Summons: Another word for subpoena used by the criminal justice system.
1. The plaintiff immediately does all of the following:
(a) Sends notice of the service and a copy of the summons and complaint by certified mail to the nonresident defendant.
(b) Appends the defendant’s return receipt and the plaintiff’s affidavit of compliance with this section and section 28-2326 to the original summons.
(c) Files them with the court within the time the court allows.
2. The plaintiff both:
(a) Serves notice of the service and a copy of the summons and complaint on the defendant, if found outside this state, by a duly constituted officer qualified to serve like process in the state or the jurisdiction where the defendant is found.
(b) Files with the court, within the time the court allows, the officer’s return showing that the notice, copy of the summons and complaint were served as provided by this section on the defendant.
B. The court in which the action is pending may order postponements necessary to give the defendant a reasonable opportunity to defend the action.
C. The director shall keep a record, including the day and hour of service, of all process served on the director under this section.
D. The fee paid to the director at the time of service shall be taxed as costs in the suit if the plaintiff recovers.