How should a process server handle service when the defendant is evasive?

When dealing with an evasive defendant, employing multiple attempts to serve the documents is an essential approach to ensuring legal processes are followed correctly. In Arizona, as in many jurisdictions, due diligence requires that a process server makes repeated and reasonable efforts to effectuate service before considering alternative methods or ceasing attempts altogether.

If a defendant is evasive, it may involve variations in the time of day or different locations to find the defendant. The law often allows for seeking a court order for alternative service if traditional methods have proven unsuccessful after diligent attempts. This can include measures such as service by publication or through a designated agent, which ensures that the defendant is still afforded legal notice.

This strategy upholds the principle of ensuring that all parties are properly notified of legal proceedings against them, thus preserving the integrity of the judicial process. It acknowledges the importance of legal rights while also recognizing the challenges that come with serving evasive individuals.