It is important to make sure that papers are served legally. If something is done incorrectly the entire case may be thrown out of court. Rule 4(d) of the Arizona Rules of Civil Procedure states that no one connected with the case can legally act as a process server. That rules out any attorneys and their employees who are attached to the case. No one under the age of 21 can be a process server either. So, who is eligible to serve legally? The same rule (Rule 4d) tells us that the following people may legally serve:
- Sheriff
- Sheriff’s Deputy
- A registered Private Process Server
- A person specially appointed by the court
Originally, sheriffs did most of the processing serving, but given all of their other responsibilities and the increasing frequency of legal cases, they needed others to help. Today a sheriff or deputy will probably not be the one serving. A motion can be made to the Superior Court judge to appoint someone to serve process for a specific case. If the appointment is made, the individual will only be authorized to serve process for that particular occasion and cannot serve on other occasions without additional authorization. Under normal circumstances, the only person available to legally act as a process server will be a registered private process server, like those at ASAP Serve. Make sure to use a registered process server to avoid losing a case through an easily avoidable error during the service of process. To find out more about our registered process servers click here. In our next blog entry we will talk about what qualifications are necessary to become a registered process server in Arizona. Check back soon.