Process Server Study Guide

This document provides a study guide for applicants seeking private process server certification in Arizona. It strongly recommends studying relevant state laws, court rules, and local county rules with an attorney. The guide lists numerous Arizona Revised Statutes, Rules of Civil Procedure, and court case references that private process servers must know, related to proper service of process, subpoenas, trespassing, court interference, and other legal procedures. Applicants are directed to read these legal sources and acquaint themselves with the rules and standards for serving legal documents.

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Process Server Study Guide

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APPLICANT STUDY GUIDE

STUDY INFORMATION
ARIZONA CODE OF JUDICIAL ADMINISTRATION
CODE SECTION §7-204
PRIVATE PROCESS SERVERS CERTIFICATION

It is strongly recommended that you spend time with an attorney or at the law library to acquaint yourself
with state laws (Arizona Revised Statutes A.R.S.), Arizona Rules of Court, Rules of Civil Procedure
(RcP) and local (individual county) court rules. Information contained in this packet should be considered
a guide and is not intended to be a complete listing of all laws and rules a private process server would be
required to know.

READ:

¾ Administrative Order 94-20.

¾ The local court rules for each county where you intend to or may be employed to serve papers.

¾ A.R.S. §10-501 Statutory Agent.

¾ A.R.S. §10-504 Service upon Corporation.

¾ A.R.S. §11-445 Fees Chargeable in Civil Actions, Authority of Private Process Servers to
Charge.

¾ A.R.S. §11-447 Service of Process Regular on its Face.

¾ A.R.S. §11-448 Duty to Show Process.

¾ A.R.S. §12-303 Witness Fees and Mileage. Arizona Rules of Civil Procedure (RcP),
Rule 45, states that, for services of a subpoena, unless issued by state,
to be complete, witness and mileage fees "as allowed by law" must be
tendered but reference to §12-303 is necessary to determine what that
correct amount is.

¾ A.R.S. §12-1175(c) Complaint and Answer; Service and Return.

¾ A.R.S. §12-2282 Compliance with Subpoena Duces Tecum for Hospital Records.

¾ A.R.S. §13-1502 Criminal Trespass in the Third Degree.

¾ A.R.S. §13-1503 Criminal Trespass in the Second Degree.
¾ A.R.S. §13-1504 Criminal Trespass in the First Degree.

¾ A.R.S. §13-2810 Interfering with Judicial Proceedings.

¾ A.R.S. §13-2814 The definition of and penalty for "stimulating legal process".
STUDY GUIDE - CONTINUED

¾ A.R.S. §13-3802 Right to Command Aid for Execution of Process; Punishment for
Resisting Process.

¾ A.R.S. §13-4072 Service of Subpoena.

¾ A.R.S. §13-4093 Limitation of Service upon Persons Summoned to Testify in Arizona on a

Civil or Criminal Matter.

¾ A.R.S. §13-4094 Exemption from Arrest and Service of Process.

¾ A.R.S. §33-1377 Service of Special Detainer Actions.

¾ A.R.S. §39-121 Inspection of Public Records. (useful in locating defendants for service).

¾ RcP, Rule 3 Commencement of Action.

¾ RcP, Rule 4 Process

¾ RcP, Rule 4.1 Service of Process within Arizona.

¾ RcP, Rule 5 Service and Filing of Pleadings and Other Papers (entire rule but
especially 5(c)(2)).

¾ RcP, Rule 6 Time (Timeliness of Service).

¾ RcP, Rule 6(d) Governs Service of Orders to Show Cause.

¾ RcP, Rule 10 Form of Pleadings (size of paper, margins and other technicalities for
preparing pleadings).

¾ RcP, Rule 45 Subpoena.

Tonelson vs. Haines, Volume 2, Arizona Appeals Reports, page 127.

Hatmaker vs. Hatmaker, Volume 85, Northeastern Reports, (2 ed), page 345.
Ex parte Ball, Volume 38, Pacific Reports, (2 ed.) page 411.
Thorndyke vs. Jenkins, Volume 142, Pacific Reports, (2 ed), page 348.
Trujillo vs. Trujillo, Volume 162, Pacific Reports (2 ed), page 640.
Lane vs. Elco Industries, Inc, 134 Ariz 361, 656 P.2d 650 (Ariz. App. 1982).
Endischee vs. Endischee, App 141 AZ 77, 685 p2d (142) (1984).
Enriquez vs. Superior Court, App 115 AZ 342, 565 p2d, 522, (1977).
Francisco vs. State of Arizona, App. 113 AZ. 427 p2d 1 (1976).