Arizona Rule of Civil Procedure regarding service at home
Under Arizona Rule of Civil Procedure 4.1(d)(2)(B), an individual may be served by leaving the summons and pleading at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there.[1] In other words, personal service is not limited to hand-to-hand delivery; Arizona permits substituted service at the recipient’s home if the person left with the papers actually lives there and is of suitable age and discretion.[1]
Rule
Ariz. R. Civ. P. 4.1(d) provides that an individual may be served by:
- delivering the summons and pleading personally;
- leaving them at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or
- delivering them to an authorized agent.[1]
Practical meaning
For service on an adult individual in Arizona:
| Method | Requirement |
|---|---|
| Personal hand delivery | Papers handed directly to the defendant |
| Substitute service at home | Papers left at defendant’s dwelling/usual abode with a suitable adult resident |
| Agent service | Papers delivered to an authorized agent |
If the person “other than the recipient” is in the same home, service is proper only if that person resides there and is of suitable age and discretion.[1] Merely being present in the house is not enough under the text of the rule.[1]
Related point
If the target is a minor or a person under guardianship/conservatorship, different service provisions apply. For example, minors and adjudicated incompetents with appointed guardians or conservators must be served on both the person and the guardian/conservator.[1]