Arizona Rules of Civil Procedure · Rule 4.2
Service of Process Outside Arizona
A complete guide to ARCP Rule 4.2 — the rule governing service of process on defendants located outside Arizona, including in other states and foreign countries.
What Is ARCP Rule 4.2?
Arizona Rule of Civil Procedure 4.2 governs service of process on defendants located outside Arizona — whether in another U.S. state, a U.S. territory, or a foreign country. Rule 4.2 permits Arizona courts to exercise personal jurisdiction to the maximum extent allowed by the Arizona and United States Constitutions. Effective January 1, 2023, this rule provides multiple service methods tailored to the defendant's location and circumstances.
When service is properly made under Rule 4.2, it has the same effect as if personal service were accomplished within Arizona — meaning it establishes personal jurisdiction and obligates the defendant to respond.
Key Difference from Rule 4.1: Rule 4.1 applies to service within Arizona. Rule 4.2 applies to service outside Arizona (but Rule 4.2(b) allows using Rule 4.1(d)–(j) methods within the US).
Service Methods Outside Arizona
Rule 4.2 provides six primary methods for serving defendants outside Arizona, depending on their location and circumstances.
Direct Service Within US
Serve using the same methods as Rule 4.1(d)–(j) (personal delivery, office/home delivery, authorized agent). Service must be made by a person authorized under the law of the state where service is made.
Service Complete
Upon service
Service by Mail
Mail summons and pleading by postage-prepaid mail requiring signed return receipt. File affidavit with signed receipt attached showing person received documents.
Service Complete
Upon receipt (requires proof)
Waiver of Service
Request defendant waive service in writing. Response time: at least 30 days if within US, 60 days if outside any US judicial district. Answer deadline: 60 days or 90 days respectively.
Service Complete
Upon filing executed waiver
Nonresident Motorist Act
Serve under A.R.S. § 28-2327. Service is complete 30 days after filing of return receipt and affidavit (or officer's return of service). Answer due within 30 days.
Service Complete
30 days after filing
Service by Publication
Publish in newspaper once weekly for 4 successive weeks. Requires court order and affidavit showing diligent efforts. Service complete 30 days after first publication.
Service Complete
30 days after first publication
International Service
Use Hague Convention methods, foreign country service laws, letters rogatory, personal delivery, or mail with signed receipt. Different rules for individuals, minors, incapacitated persons, and corporations.
Service Complete
Per method used
Direct Service Within the United States — Rule 4.2(b)
To serve a defendant outside Arizona but within the United States, a party may use the same methods as Rule 4.1(d)–(j) — personal delivery, office/home delivery, or service on an authorized agent. Service must be made by a person authorized to serve process under the state where service is made.
Valid Methods (Rule 4.2(b)(1)):
- Personal delivery to the individual
- Delivery at office or home with person of suitable age and discretion
- Delivery to authorized agent
- Service on corporations, partnerships, government entities per Rule 4.1
Key Requirement (Rule 4.2(b)(2))
Service must be made by a person authorized under the law of the state where service is made — not just Arizona law.
Service by Mail Outside Arizona — Rule 4.2(c)
If the defendant's address is known and located outside Arizona but within the United States, service may be accomplished by postage-prepaid mail requiring a signed return receipt. Unlike Rule 5 mail service (which is complete upon mailing), Rule 4.2 mail service requires proof of delivery.
Procedure (Rule 4.2(c)):
- 1.Mail summons and copy of pleading by postage-prepaid mail requiring signed return receipt
- 2.Wait for post office to return the signed receipt
- 3.File affidavit stating (A) defendant is outside Arizona but within US, (B) mailing method used, (C) signed receipt is attached, (D) date of receipt
Important: Proof Required
You must attach the signed return receipt to your affidavit. This proves the defendant actually received the documents.
Waiver of Service — Rule 4.2(d)
To avoid service costs outside Arizona, a plaintiff may request the defendant waive service in writing. Extended timelines apply for out-of-country defendants, and sanctions for refusing waiver apply only to defendants within the United States.
Waiver Request Requirements (Rule 4.2(d)(1)):
- Written and addressed to defendant
- Name the court where pleading was filed
- Include copy of pleading, two waiver forms, prepaid return means
- Inform of consequences using Rule 84, Form 1 text
- State date request was sent
- Send by first-class mail or reliable means
Waiver Timelines Comparison
| Aspect | Within United States | Outside United States |
|---|---|---|
| Response Time (Within US) | At least 30 days | At least 60 days |
| Answer Deadline | 60 days after request sent | 90 days after request sent |
| Sanctions for Refusal | Court imposes service costs and attorney's fees | Only if both parties in US |
| Preserves Jurisdiction Objections | Yes (Rule 4.2(d)(5)) | Yes (Rule 4.2(d)(5)) |
Nonresident Motorist Act — Rule 4.2(e)
For motor vehicle actions involving nonresidents, special service procedures apply under A.R.S. § 28-2327. Service is complete 30 days after filing the return receipt and affidavit (or the officer's return of personal service). The defendant must answer within 30 days of service completion.
Timeline (Rule 4.2(e)(2)–(3)):
- Service Complete: 30 days after filing documents per A.R.S. § 28-2327(A)
- Answer Due: Within 30 days after completion of service
Service by Publication — Rule 4.2(f)
When direct service outside Arizona is impracticable, the court may order service by publication. Publication requirements are the same as Rule 4.1(l): publish once weekly for 4 weeks in a newspaper in the county where the action is pending. Service is complete 30 days after first publication.
Requirements (Rule 4.2(f)(1)):
- Court order upon motion without notice
- Party unable to determine current address despite diligent efforts, or person intentionally avoiding service
- Publication is best means practicable
- Motion supported by affidavit describing diligent efforts
Serving Defendants in Foreign Countries — Rule 4.2(i)–(l)
Service on defendants in foreign countries requires careful attention to federal law, international treaties, and the laws of the foreign country. Rule 4.2 provides different procedures for individuals, minors, corporations, and foreign states.
Step-by-Step International Service Process
Check Federal Law
Determine if federal law (such as 28 U.S.C. § 1608 for foreign states) provides specific service requirements.
Hague Convention
If available and reasonably calculated to give notice, use internationally agreed means of service under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents.
Foreign Country Law
If no international agreement exists, serve according to the foreign country's law for service in its own courts of general jurisdiction.
Letter Rogatory
Alternatively, obtain direction from foreign authority in response to a letter rogatory or letter of request.
Alternative Methods
Unless prohibited, may deliver personally or mail with signed receipt. Court may authorize other means not prohibited by international agreement.
Service on Individuals in Foreign Countries (Rule 4.2(i))
Unless federal law provides otherwise, use any of:
- Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents
- Foreign country's law for service in its own courts of general jurisdiction
- Direction of foreign authority via letter rogatory or letter of request
- Personal delivery or mail with signed receipt (unless prohibited)
- Other means ordered by court (if not prohibited by international agreement)
Service on Minors and Incapacitated Persons (Rule 4.2(j))
May be served using the same methods as individuals (Rule 4.2(i)(2)(A) or (B)) or such other means as the court orders.
Service on Foreign Corporations (Rule 4.2(k))
Served using methods for individuals (Rule 4.2(i)), EXCEPT personal delivery is generally not used. Use Hague Convention, foreign law, letter rogatory, or mail with signed receipt.
Service on Foreign States (Rule 4.2(l))
Must be served in accordance with 28 U.S.C. § 1608. This federal statute provides specific procedures for serving foreign governments.
Time to Respond — Rule 4.2(m)
Unless a waiver was requested or a specific rule applies, a defendant served outside Arizona has 30 days after completion of service to file a responsive pleading. The defendant is subject to the same consequences as if personally served in the county where the action is pending.
Default Response Timeframe:
30 days after completion of service to file answer or responsive pleading
If Waiver Was Requested:
- • 60 days (if within any US judicial district)
- • 90 days (if outside any US judicial district)
Court Order or Agreement:
Parties may agree or court may order a different timeframe.
Rule 4.2 Quick Reference
Jurisdiction
Maximum extent under AZ & US Constitutions
Effective Scope
Service outside Arizona has same effect as within-state service
Within US Service
Use Rule 4.1(d)–(j) methods; server must be authorized in that state
Mail Service (US)
Requires postage-prepaid mail with signed return receipt
Waiver Timeline (US)
30 days response; 60 days to answer
Waiver Timeline (Foreign)
60 days response; 90 days to answer
International Service
Hague Convention preferred; follow foreign country law
Default Response Time
30 days after completion of service (unless waiver/court order)
Official Rule Citation
16 A.R.S. Rules of Civil Procedure, Rule 4.2 — AZ ST RCP Rule 4.2
Added September 2, 2016, effective January 1, 2017. Amended effective January 1, 2018; January 1, 2022; January 1, 2023.
Arizona State Court Rules are current with amendments received through January 1, 2025.
Frequently Asked Questions — ARCP Rule 4.2
Need to Serve Process Outside Arizona?
Our certified process servers handle domestic and international service under ARCP Rule 4.2 — from direct service to Hague Convention compliance, with complete affidavits and documentation.