Free Severance Information on Serving the Other Party - Arizona


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State: Arizona
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http://pinalcountyaz.gov/Departments/JudicialBranch/ClerkoftheCourt/Documents/Downloads/Severence/Severance%20Information%20on%20Serving%20the%20Other%20Party.pdf

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PINAL COUNTY CLERK OF SUPERIOR COURT SELF-SERVICE CENTER HELPFUL INFORMATION ON SERVING THE OTHER PARTY SERVING THE OTHER PARTY:
After you have filed your court papers with the Clerk of the Court, you must serve the papers on the other party. Service means giving legal notice to the other party that you have filed court papers. You must provide proof of service to the court. This packet explains the steps you need to take to serve the other party and what forms you must use. By completing the steps for service, you tell the court that the other party has received a copy of the court papers. After the other party is served, the other party will be given a time limit to file a Response or Answer. The Response or Answer is the other party's written statement to your request. The Response or Answer tells you, and the court, what the other party wants.

METHODS OF SERVICE:
Read the choices below to make sure that you are using the correct service packet. Each packet contains instructions and the forms you may need. Select the method of service that works best for you.

1.

You Know Where the Other Party Lives in the State of Arizona.
A. Service by Acceptance. This method requires you to give, or mail, the court papers to the
other party and include an "Acceptance of Service" form. The other party must sign the "Acceptance of Service" form in front of a Notary Public and return it to you. The other party cannot sign the "Acceptance of Service" until after you have filed the court papers with the court. The other party's signature on the "Acceptance of Service" does not mean that he/she agrees with the court papers. It means that the other party admits receiving the papers, without being served in person by the sheriff or a process server. If you choose this method of service, use the "ACCEPTANCE OF SERVICE Severance forms" form provided in this packet. WARNING: Do not use this method of service if you are the victim of domestic violence, or believe the other party will hurt you, take your money, or take your children. If you believe the other party will become violent or uncooperative when you ask him/her to accept service, use one of the methods of service described below.

B.

Service by Registered Process Server. This method requires you to hire, and pay, a registered process server to serve the other party with court papers. A process server is a person who will give the papers to the other party at home, work, or other location. This method of service costs more than service by acceptance and requires the process server to find the other party. The process server will give the Court a Sworn Affidavit of Service stating that the person was served. If you decide to use this method, look under "PROCESS SERVER" in the Yellow Pages to find someone who can serve your papers. Page 1 of 4

Superior Court of Arizona in Pinal County
August 11, 2006 ALL RIGHTS RESERVED

SV Information on Service Use most Current version

C.

Service by Sheriff. This method requires you to contact the Sheriff's Office in the county where the other party lives to arrange for a Sheriff's deputy to give the other party the court papers. This method requires you to pay a fee to the Sheriff's Office, unless you receive a fee deferral or waiver. The fee deferral or waiver form that Arizona uses is available at the SelfService Center and is only for persons who cannot afford the cost of service and meet certain financial requirements. The Sheriff's Office will give the Court a Sworn Affidavit of Service stating that the person was served. Other Methods of Service. There may be other ways to serve the other party. To learn more about these other ways, you may want to research Arizona Rules of Civil Procedures and /or Arizona Rules of Family Law or you should see a lawyer for help.

D.

2.

You Know Where the Other Party Lives in the United States but he/she does not live in the State of Arizona. (If the other party lives outside of the United States, you should see a lawyer to find out which method of service will work best for you.)
A. Service by Acceptance. This method requires you to give or mail the court papers to the
other party and include an "Acceptance of Service" form. The other party must sign the "Acceptance of Service" form in front of a Notary Public and return it to you. The other party cannot sign the "Acceptance of Service" until after you have filed the court papers with the court. The other party's signature on the "Acceptance of Service" does not mean that he/she agrees with the court papers. It means that the other party admits receiving the papers, without being served in person by the sheriff or a process server. If you choose this method of service, use the "ACCEPTANCE OF SERVICE Severance Forms" form provided in this packet. WARNING: Do not use this method of service if you are the victim of domestic violence, or believe the other party will hurt you, take your money, or take your children. If you believe the other party will become violent or uncooperative when you ask him/her to accept service, use one of the methods of service described below.

B.

Service by Registered Mail. Use this method of service only if the other party lives outside the State of Arizona and you know the address. This method of service allows you to give notice by a special type of mail. You can send the court papers by giving the post office copies of the court papers in an envelope, postage prepaid, to be sent to the other party by any form of mail requiring a signed and returned receipt. This is often called Certified Mail, Restricted Delivery by the post office. This means that the other party must sign for the papers.
If the other party signs a receipt (green card) for the papers, the green card will be returned to you in the mail. You must then file an affidavit with the court stating (1) that the person being served is known to be located outside the State of Arizona, (2) that the court papers were sent to the other party, (3) that the papers were received by the other party, as evidenced by the green card, a copy of which you attach to the affidavit; and (4) the date the party received the documents. If you choose this method of service, use the "AFFIDAVIT OF SERVICE BY REGISTERED MAIL" form provided in this packet.

Page 2 of 4 Superior Court of Arizona in Pinal County
August 11, 2006 ALL RIGHTS RESERVED SV Information on Service Use most Current version

C.

Service by Registered Process Server. This method requires you to hire, and pay, a registered process server to serve the other party with court papers. A process server is a person who will give the papers to the other party at home, work, or other location. This method of service costs more than service by acceptance and requires the process server to find the other party. The process server will give the Court a Sworn Affidavit of Service stating that the person was served. If you decide to use this method, you would need to find a registered process server in the state where the other party lives.

D.

Service by Sheriff. This method requires you to contact the Sheriff's Office in the county where the other party lives to arrange for a Sheriff's deputy to give the other party the court papers. This method requires you to pay a fee to the Sheriff's Office, The Sheriff's Office will give the Court a Sworn Affidavit of Service stating that the person was served. If you decide to use this method, you would need to contact the Sheriff's Office in the state and county where the other party lives.

E.

Other Methods of Service. There may be other ways to serve the other party. To learn
more about these other ways, you may want to research Arizona Rules of Civil Procedures and /or Arizona Rules of Family Law or you should see a lawyer for help.

3.

You Cannot Find the Other Party.
A. Service by Publication. You may use this method only if you do not know where the
other party lives, or cannot find the other party. Service by publication is your "last resort." It is used only if you do not have a current address for the other party and have tried, unsuccessfully, to find the other party. Use a paper of general circulation and that are familiar with the requirements and regularly publishes legal notices.

Tips for Finding the Other party: Before the Court will accept Service by Publication; you must have made every reasonable effort to find the Respondent and to give actual notice of this case by personal service of the required documents. You will be required to state, under penalty of perjury, the steps you have taken to try to locate the Respondent and if the Court is not satisfied that you have taken all reasonable steps, your case may be delayed until the Court is satisfied all such steps have been taken. Examples of steps you MUST take: verify the Respondent is not at any last known address (es), talk to Respondent's friends, family members, employer, co-workers former co-workers or employer(s), or anyone else you think may have a current address. Search telephone directories, the Internet, voter registration records, obituaries, and even the morgue. You may also have to consider hiring a private detective or a company that charges a fee to do computer searches to help you track down the other party. If you know the other party's date of birth and/or Social Security Number, this method may work for you.
Service by Publication can be expensive and may delay your court case. You would need to contact the newspaper to determine the cost of publication. You may inquire if the newspaper will accept a fee deferral or waiver from the court. The Application for Deferral form is available at the Self-Service Center and is only for persons who cannot afford the cost of publication and meet certain financial requirements.

Page 3 of 4 Superior Court of Arizona in Pinal County
August 11, 2006 ALL RIGHTS RESERVED SV Information on Service Use most Current version

1. Publication must been done in the county were the case originated: This method requires that a copy of the "Notice of Hearing" be published in a newspaper of general circulation in Pinal County once a week for four consecutive weeks. If the other party's last known address was also in Pinal County, then the publication above will suffice for service to the other party. 2. How to publish service if the other party's last known address is in Arizona, but not in the county in which your case in pending: A. You must publish in the county in which your case is pending and you must publish in a newspaper in the county of the last known residence of the person to be served. B. To publish in another county (not Pinal County) you will need to contact a newspaper in that county. C. After you have contact the newspaper and inquired about publication mail or deliver the payment (or certified copy of the Order of Deferral) and "Letter to Newspaper" provided in this packet, along with copies of the Summons or documents you filed with the Court, to the newspaper for publication. D. Wait for the newspaper to send you the original document called "Affidavit of Publication" in five weeks.

B.

Complete Your Paperwork. Fill out the "Affidavit of Supporting Publication" provided
in this packet. The Affidavit of Supporting Publication is a statement affirming or swearing under oath that you have done everything possible to try to find the other party. File the original "Affidavit Supporting Publication" with the Clerk of the Superior Court. You must also file the "Affidavit of Publication" that you received for the newspaper(s), verifying and stating the dates of publication.

IMPORTANT NOTICE:

When your hearing date arrives and you have failed to provide proof of serve, for the other party, to the court, the Court will delay the signing of the final Order.

Page 4 of 4 Superior Court of Arizona in Pinal County
August 11, 2006 ALL RIGHTS RESERVED SV Information on Service Use most Current version