Monday, February 21, 2011

Proofs of Service -- vs. The Other Guys

by staff

As part of an ongoing series, presents several subjects of interest to our clients and other professionals.  Remember, we don't render legal advice; if you need legal advice, please consult your own counsel.

If I give you the papers in a sealed envelope, can you serve them?  The quick answer is "No"; however, let us explain why:  When a sealed envelope is given to someone, what are they seeing?  They are seeing an enclosure covering what's inside.  They don't see any documents inside the envelope.  However, when your legal documents served are in plain sight, nobody can deny that they are "Legal Process" -- that term coined some time ago to describe legal papers being served.

Process Servers serve "Legal Process"; the postal carrier and Fedex deliver sealed envelopes.  The Legal Process documents we serve are plainly visible, giving notice to the person served that they are served with important court documents, rather than just sheets of paper in an envelope.

I've seen other process servers list all the defendants on the same proof of service.  Why do you submit one proof of service for each party served?  First, because it's the professional thing to do -- we don't like sloppy.  At, we like to give a professional finished product.  Our Proof of Service is the written record of our efforts.  Although we may serve multiple defendants at the same time, each service is individual, has an individual fee associated with it, and is due its own documentation.  Further, each matter against a defendant or other adverse party served may be bifurcated (separated) and examined in its own right; the Proof of Service should stand as to the party served, not the group of parties served.

Why do you list all of the documents on the Proof of Service?  Keeping an accurate record of what documents we serve makes different from the other guys.  Often, we'll receive legal process with instructions to serve the "Garnishment Package" or "Summons & Complaint, etc." without detailing the title of each document to serve.  While we understand that documents prepared in bulk by clerical staff are sometimes bundled together, the documents we need to let the court know we served are detailed not only for the benefit of our clients, but for our protection, as well.  After acceptance of your papers, we will confirm with you the documents to serve.

Do you have to notarize each proof of service?  ARCP Rule 80(i) indicates that a document signed under penalty of perjury does not have to necessarily be sworn (a notarized affidavit).  A process server, who is an Officer of the Court, signs his/her documents under penalty of perjury.  Here's the Rule:
Rule 80(i). Unsworn Declarations Under Penalty of Perjury
Wherever, under any of these rules, or under any rule, regulation, order, or requirement made pursuant to these rules, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn written declaration, verification, certificate, statement, oath, or affidavit of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn written declaration, certificate, verification, or statement, subscribed by such person as true under penalty of perjury, and dated, in substantially the following form:
"I declare (or certify, verify or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).

Tuesday, February 15, 2011

Foreign Deposition Subpoenas (Updated 2015)

Foreign Deposition Subpoenas (Updated 2015)
Where the underlying action or proceeding is located outside of Arizona and the testimony of a witness or document production is needed, can assist with securing a subpoena and copying documents. is a Legal Document Preparer, authorized by the Arizona Supreme Court.  The Clerk of the Superior Court of Arizona issues Foreign Deposition and Document Production subpoenas.  To have a Foreign Deposition Subpoena issued, the following are required:

1.       The subpoena issued in your state.  It should also have any other pleadings required by the laws of your state (i.e.: Notice of Deposition, Commission by your court, etc.).  If you are requesting records, or copies of documents and things, we will also need a list of them that are to be copied and remitted to you. 

2.       Fees.  The fee for the Arizona Superior Court to issue a subpoena is currently $27.  For depositions, Arizona statute (ARS § 12-303) currently states that a witness shall be paid $12 per day for each day’s attendance, and $.20 per mile, one way only. 

3.       The names, addresses, and telephone numbers of all counsel of record in the proceeding, as well as any party not represented by counsel.  Each must be served with a copy of the subpoena issued by the court.

4.       The method for recording the testimony of a deposition must be stated (i.e.: stenographer, video, etc.).

5.       If the subpoena for production of documents and things includes electronically stored information, the subpoena should specify the form it is to be produced. offers document scanning and reproduction services to our clients.

Service of a subpoena:  A subpoena may be served anywhere within Arizona.  A copy of the subpoena shall be served on every other party [ARCP Rule 5(c)].

Time frame:  A subpoena for personal appearance may be served at a reasonable time before the scheduled deposition.  A person served with a subpoena may file an objection to appearance or production of documents and things.   

Commanding appearance:  A subpoena commanding a person who is neither a party nor a party's officer to attend and give testimony at a hearing or deposition may not require the subpoenaed person to travel to a place other than:  (i) the county in which the person resides or transacts business in person; (ii) the county in which the person is served with a subpoena, or within forty miles from the place of service; or (iii) such other convenient place fixed by a court order. can file, obtain and serve your subpoena for you.  
Call us at (877) 472-7431 for details.