How to Proceed with an Alternate Means of Service

When defendants, witnesses or other persons are intentionally avoiding service, or when service is impracticable or impossible due to physical or other barriers to property (including property posted and fenced under the Trespass statutes), Arizona has a unique method of an Alternate Means of Service.

An Alternate Means of Service is applicable to legal process issued by Arizona courts and allowed by Arizona Rules of Civil Procedure, Rule 4.1(m), which states:

Rule 4.1(m) Alternative or Substituted Service.  If service by one of the means set forth in the preceding paragraphs of this Rule 4.1 proves impracticable, then service may be accomplished in such manner, other than by publication, as the court, upon motion and without notice, may direct. Whenever the court allows an alternate or substitute form of service pursuant to this subpart, reasonable efforts shall be undertaken by the party making service to assure that actual notice of the commencement of the action is provided to the person to be served and, in any event, the summons and the pleading to be served, as well as any order of the court authorizing an alternative method of service, shall be mailed to the last known business or residence address of the person to be served. Service by publication may be employed only under the circumstances, and in accordance with the procedures, specified in Rules 4.1(n), 4.1(o), 4.2(f) and 4.2(g) of these Rules.

When service is unable to be effected, RapidRPS.com will render a Non-Service declaration (or affidavit), which our client may then use to support a Motion for Alternative Means of Service.  (If you are interested in having RapidRPS.com prepare such a motion and related documents, please let us know.  The fee for Legal Document Preparation of the motion and related documents is $89.)  The Motion and a (Proposed) Order will have to be filed with the Clerk of the Court, who must present it to the judge (Court) for his/her signature for consideration of an Order.

Once the Court grants the motion and issues an Order, the Process Server goes back out to the property and serves the documents in accordance with the Court’s Order.  (An additional service of process fee will apply.)  If the Court declines to issue the Order, it may redirect additional efforts to serve the person.

After service of the legal documents in the manner of the Court’s Order, the Proof of Service document is produced and remitted to the client (or filed with the Clerk of the Court). 

If you have any questions, or would like to arrange filing or service of legal papers, contact RapidRPS.com at (877) 472-7431 or by email at service@rapidrps.com.

Disclaimer: This article was written for educational purposes only. Nothing in this communication should be considered legal advice. The reader should do his/her own research to verify the accuracy and applicability of the information presented.  At RapidRPS, we not only serve legal process, but also prepare legal documents for enforcement of your judgment and other purposes. Neither RapidRPS nor any of our employees, assigns or agents are attorneys. We do not render legal advice. If you require legal advice, please consult your own counsel.