Quote:
Originally Posted by RWebb
you are sure there are no other statutes, rules, regulations or common law that might allow them to effect sefvice on you in this manner?
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Well, I'm not totally sure, but Scottsdale is the only place in AZ doing it, which suggests it's really bending the law, since plenty of other cities are more strapped for funds than Scottsdale, but aren't doing it. Here's what I've found:
The defendant has 90 days from the date of filing to be served with the citation, pursuant to A.R.S. § 28-1592(B)(2). After 120 days, the court shall dismiss the citation, pursuant to Rule 4(i), Arizona Rules of Civil Procedure. One of several things may occur in the time period between the 90 and 120 days, such as:
1. Prior to the end of the 90 day period for service, the prosecutor may file a motion with the court to extend the time for service.
2. The court can create a local Administrative Order that allows the court to dismiss any photo enforcement case not served or acknowledged after 90 days from the date of filing.
3. The prosecutor can file a standing motion with the court to dismiss any photo enforcement case not served or acknowledged after 90 days from the date of filing.
D. FAILURE TO APPEAR CIVIL TRAFFIC Similar to other civil traffic cases, when a defendant fails to appear for the scheduled arraignment date on a civil traffic photo enforcement case, the court has the authority to default the defendant IF ONE OF THE FOLLOWING OCCURS:
1. The court MUST have a document signed by the defendant that indicates the defendant is waiving service of the complaint, OR An affidavit of service was filed with the court stating the defendant was personally served with the complaint.
2. The defendant signed up to attend DDS but failed to attend.
3. The defendant failed to appear for a hearing after receiving written notice of the civil traffic hearing date/time/place and signed either a waiver of service or signed for the civil traffic hearing date. In any of these instances, the court has the authority to impose default judgment
Rule 4(d). Process; By Whom Served
Service of process shall be by a sheriff, a sheriff's deputy, a private process server registered with the clerk of the court pursuant to subpart (e) of this Rule, or any other person specially appointed by the court, except that a subpoena may be served as provided in Rule 45. Service of process may also be made by a party or that party's attorney where expressly authorized by these Rules. A private process server or specially appointed person shall be not less than twenty-one (21) years of age and shall not be a party, an attorney, or the employee of an attorney in the action whose process is being served. Special appointments to serve process shall be requested by motion to the presiding Superior Court judge and the court's ruling shall be recorded by minute entry. Special appointments shall be granted freely, are valid only for the cause specified in the motion, and do not constitute an appointment as a registered private process server.
Rule 4(g). Return of Service
If service is not accepted or waived, then the person effecting service shall make proof thereof to the court. When the process is served by a sheriff or a sheriff's deputy, the return shall be officially endorsed on or attached thereto and returned to the court promptly. If served by a person other than the sheriff or a deputy sheriff, return and proof of service shall be made promptly by affidavit thereof. Each such affidavit of a registered private process server shall include clear reference to the county where that private process server is registered. When the summons is served by publication, the return of the person making such service shall be made in the manner specified in Rules 4.1(n) and 4.2(e) of these Rules. Proof of service in a place not within any judicial district of the United States shall, if effected under paragraph (1) of Rule 4.2(h), be made pursuant to the applicable treaty or convention; and shall, if effected under paragraph (2) or (3) thereof, include a receipt signed by the addressee or other evidence of delivery to the addressee satisfactory to the court. In any event the return shall be made within the time during which the person served must respond to process. Failure to make proof of service does not affect the validity thereof.
Rule 4(i). Summons; Time Limit for Service
If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period. This subdivision does not apply to service in a foreign country pursuant to Rule 4.2(h), (i), (j) and (k)