Process Servers and Arizona’s Rules of Civil ProcedurePosted on March 1st, 2013 1 comment
handy link with all Arizona’s Rules for Civil Procedure [which lawyers cite as Ariz.R.Civ.P.] that are of interest to process servers. (e.g. rule 4.1 and 4.2)….
The *statutory* rules about how a ticket gets served is in 28-1593. Service of uniform traffic ticket and complaint,see also 28-1592. Commencement of action.
There is provision for service by certified mail, but only relates to when the person is OUTSIDE of Arizona (or in the case of a collision investigation). ”Rules of Civil Procedure”: ”Rule 4.2(c). Service of process outside the state…. (c) Service by mail…. When the whereabouts of a party outside the state is known, service may be made by post office… (blah blah blah; essentially, by certified mail)”
For our purposes, Rule 4.1. Service of Process Within Arizona; is the important one. There is a PETITION to request a change in rule 4.1 to all service by mail, but it was never granted (I’m guessing .
Something called “alternate service” (i.e. how to get around persons who are intentionally dodging service) is Rule 4.1(m) Alternative or Substituted Service. In any event; they apparently require the prosecutor filing an affidavit from a process server and getting a judge to go along with it; it’s a fairly labor intensive process. According to a New Times article this was being done as much as hundreds of times a month in Scottsdale alone in its heyday. See Rule 4.1(m).
On the separate topic of points on license — here is the statute regarding exactly how points from normal civil traffic violations get to MVD28-1559. Traffic case records; abstract of record; reports ONLY in the case where the defendant is found guilty/forfeits/jumps bail does the court forward the info to MVD. (see section B). The reason, by the way, the DUI stuff is different is statutory, in the DUI implied consent statute 28-1321 it requires reports to go directly from law enforcement to mvd (it circumvents the court and any issues about whether the person is legally guilty or not).
Handy white-paper explaining photo-enforcement from the Arizona State Senate, and it is pretty recent:
here is photoradar specialist lawyer’s explanation about rules for personal service; “personal jurisdiction”:
There were some overhauls/updates to photo-enforcement in 2010: HB2338 49th 2nd Regular Session
“…Specifies a violation for red light running by a photo enforcement system may only result in a traffic ticket and complaint if the photo enforcement system photographs the vehicle at least one second after the traffic control signal turns to a steady red” was introduced and even passed the house, but was stripped away by the Senate Pub Safety Committee (i can’t figure out why).
The Arizona Traffic Ticket and Complaint
There is a generic ATTC controlled by the Az Supreme Court: “Rule 4, Arizona Rules of Procedure in Civil Traffic Violation Cases and Rule 3, Arizona Rules of Procedure in Traffic Cases and Boating Cases,(go to azcourt and click through to “current rules”, a westlaw page. I did find both these but they seem to be more or less identical so I don’t understand why there are two seemingly seperate and seriously overlapping documents) require each law enforcement agency or public body responsible for issuing ATTCs to submit any ‘substantial variations’ to the ATTC form to the Supreme Court for approval”.
I note that the ATTC has checkboxes for useful things like accident/injury/fatality. It is likely that somebody is collecting this information, but who and where?
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