Arizona Process Server Practice Exam

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What must a process server do if they cannot locate the defendant?

File for dismissal of the case

Attempt alternative service methods or file a motion for substituted service

When a process server is unable to locate the defendant, their primary responsibility is to ensure that the service of process complies with legal standards. This often involves attempting alternative service methods or filing a motion for substituted service.

Using alternative service methods can include options such as serving a family member or posting notice in a public place, depending on the local rules and regulations. If such methods are ineffective, the process server may file a motion for substituted service, which requests the court to allow a different way of serving the defendant that can satisfy the legal requirement, thereby moving the case forward.

This approach addresses the importance of ensuring that defendants have notice of legal actions against them while also adhering to procedural requirements. Simply filing for dismissal or waiting for the defendant to make contact does not fulfill the duty of a process server and may hinder the progression of the case. Additionally, merely notifying the court that service hasn't been completed does not take proactive steps to resolve the issue of serving the defendant.

This multi-step approach to service reflects the legal system's commitment to providing fair notice while recognizing the challenges process servers may face in locating individuals.

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Notify the court that service has not been completed

Wait for the defendant to make contact

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