Rule 5 - [Effective 1/1/2025] Service(a)When to Serve the Defendant. Not later than 45 days after the filing date of the complaint, the plaintiff must file proof of service of process on each defendant, or the plaintiff must transfer the matter out of the small claims division. As to any defendant for whom proof of service of process is not timely filed, the court shall dismiss without prejudice the complaint against them.(b)How to Serve the Defendant. The plaintiff must serve each defendant with the complaint, and the summons and Notice to the Plaintiff and Defendant provided by the court by either: (1)Registered or Certified Mail. The plaintiff may serve the defendant by registered or certified mail, with a "return receipt requested." The plaintiff must file the return receipt with the court within 45 days of the complaint filing date to establish that the defendant was served. The return receipt can be the card returned to the plaintiff by the postal or delivery service or the return receipt printed from the postal or delivery service's website; or(2)Constable, Sheriff, or Private Process Server. The plaintiff may arrange for personal service on the defendant by a constable, sheriff, or private process server. An affidavit of service must be filed with the court within 45 days of the complaint filing date. Personal service" means that the constable, sheriff, or private process server must deliver a copy of the complaint, the summons, and the Notice provided by the court to the individual defendant personally, or leave copies at the individual's residence with a person of suitable age and discretion who lives there, or deliver copies to an authorized agent of the defendant.(c)Court's Notice to the Parties. Upon receipt of the proof of service of process, the court will send a notice to the plaintiff and to any defendant who has appeared in the lawsuit informing them that the court may dismiss the case 65 days after service of process was completed unless a hearing has been scheduled, or the plaintiff has applied for the entry of a default judgment as described in Rule 140 of the Justice Court Rules of Civil Procedure. Ariz. R. P. Small. Claims. Proce. 5
Added Aug. 27, 2019, effective 1/1/2020; amended Aug. 22, 2024, effective 8/22/2024; amended Aug. 22, 2024, effective 1/1/2025.