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Arizona Rules of Civil Procedure · Rule 5

Serving Pleadings and Other Documents

A complete guide to ARCP Rule 5 — the rule governing service of all pleadings, motions, discovery documents, and other papers after the initial complaint in Arizona civil actions.

What Is ARCP Rule 5?

Arizona Rule of Civil Procedure 5 governs service of all pleadings, motions, discovery documents, and other papers after the initial service of the summons and complaint. Rule 5 establishes which documents require service, how service must be made, where documents should be served (attorney vs. party), and special rules for cases with numerous defendants or post-judgment motions. The rule was most recently amended effective December 3, 2024.

Unlike Rule 4.1 (which governs service of the original summons), Rule 5 service is simpler — it can be accomplished by mail, email (with consent), hand delivery, or office delivery. Service by mail is complete upon mailing, not upon receipt.

Key Difference from Rule 4.1: Rule 5 applies AFTER the defendant has been served with the summons and complaint. It does not apply to the initial service of process.

Which Documents Must Be Served?

Rule 5(a)(2) specifies five categories of documents that must be served on every party. Unless a court order provides otherwise, all of the following require service:

Orders

Any order stating that service is required (Rule 5(a)(2)(A))

Pleadings After Original Complaint

Answers, counterclaims, third-party complaints, replies, and amended pleadings (Rule 5(a)(2)(B))

Discovery Documents

Interrogatories, requests for production, requests for admission, and responses (Rule 5(a)(2)(C))

Written Motions

Any written motion except ex parte motions (Rule 5(a)(2)(D))

Notices and Demands

Written notices, appearances, demands, offers of judgment, and similar documents (Rule 5(a)(2)(E))

Exception: Party in Default

No service is required on a party in default for failing to appear — EXCEPT if you file a pleading asserting a NEW CLAIM FOR RELIEF against that party, which must be served under Rule 4, 4.1, or 4.2.

Methods of Service Under Rule 5

Rule 5(c)(2) establishes six valid methods of service. Unlike Rule 4.1, most Rule 5 service methods are simpler and do not require a process server.

Hand Delivery

Rule 5(c)(2)(A)

Method

Handing the document directly to the person

Service Complete

Upon hand delivery

Office Delivery

Rule 5(c)(2)(B)(i)

Method

Leaving document at person's office with a clerk or in a conspicuous place if office is unattended

Service Complete

Upon delivery to office

Residence Delivery

Rule 5(c)(2)(B)(ii)

Method

If person has no office or office is closed, leaving document at dwelling or usual place of abode with someone of suitable age and discretion who resides there

Service Complete

Upon delivery to residence

U.S. Mail

Rule 5(c)(2)(C)

Method

Mailing document by U.S. mail to person's last-known address

Service Complete

Upon mailing (not upon receipt)

Other Agreed Methods

Rule 5(c)(2)(D)

Method

Any other method (including email) if recipient consents in writing or court orders it

Service Complete

Upon transmission

Electronic Filing Service

Rule 5(c)(2)(E)

Method

Through an electronic filing service provider approved by the Administrative Office of the Courts per ACJA § 1-901

Service Complete

Per filing service provider rules

Electronic Service — ACJA § 1-901

Many Arizona courts now require or allow filing and service through electronic filing systems approved by the Administrative Office of the Courts. These systems are considered valid Rule 5 service.

Service on Attorney vs. Party — Rule 5(c)(1)

Once a party is represented by an attorney, all service under Rule 5 must be made on the attorney, not the party — unless the court orders otherwise or a specific rule requires service on the party.

Rule: Service to Attorney

All documents under Rule 5 go to the party's attorney, not the party.

Exception: Service on Party

Court order or specific rule may require service on the party (e.g., pro se party; certain notices under specific rules).

When Represented After Appearance

Once an attorney files an appearance or the party retains counsel, all further service must go to counsel's office address.

Certificate of Service — Rule 5(c)(3)

Every document served under Rule 5 must include a certificate of service noting the date and manner of service. The certificate should be placed on the last page of the original document or on a separate page.

A copy has been mailed on [insert date] to:
[Name of opposing party or attorney]
[Address of opposing party or attorney]

Select One Service Method

The certificate must indicate how service was actually made: mailed, emailed, hand-delivered, etc.

Presumption of Mail Service

If the manner of service is not noted on the certificate, it will be presumed service was by mail — but only if service in some form has actually been made.

Attorney Signature

The certificate of service is typically signed by the attorney or the party's representative who arranged service.

Service After Judgment — Rule 5(c)(4)

Motions for modification, vacation, or enforcement of a judgment filed after the appeal period expires or after a judgment becomes final on appeal must be served like the original summons and pleading — using Rule 4, 4.1, or 4.2 service methods, not simple Rule 5 service.

01

Determine Judgment Status

Confirm whether appeal period has expired or judgment has become final after appeal.

02

Verify Type of Motion

Confirm the motion, petition, complaint, or pleading requests modification, vacation, or enforcement of the judgment.

03

Use Rule 4, 4.1, or 4.2 Service

Serve document as if it were a summons and pleading under Rule 4 (out-of-state), Rule 4.1 (within Arizona), or Rule 4.2 (out-of-country).

04

File Proof of Service

File an affidavit of service or certificate of service showing proper service was made.

Serving Numerous Defendants — Rule 5(d)

In cases with an unusually large number of defendants, the court may issue an order streamlining service requirements to avoid overwhelming defendants with multiple pleadings and cross-claims.

Court May Order (Rule 5(d)(1))

  • Defendants' pleadings and replies need not be served on other defendants
  • Crossclaims, counterclaims, and affirmative defenses are treated as denied or avoided by all other parties
  • Filing with the plaintiff constitutes notice to all parties

Procedure (Rule 5(d)(2))

A copy of every such order must be served on the parties as the court directs.

Rule 5 Quick Reference

Scope

Service of documents AFTER summons and complaint

Governed By

Rule 5 (not Rule 4 or 4.1)

Service to

Attorney if party is represented (Rule 5(c)(1))

Mail Service Complete

Upon mailing, not receipt (Rule 5(c)(2)(C))

Email Service

Only if recipient consents or court orders (Rule 5(c)(2)(D))

E-filing Service

Through ACJA § 1-901 approved provider

Certificate of Service

Required on all documents

Service After Judgment

Use Rule 4, 4.1, or 4.2 methods

Official Rule Citation

16 A.R.S. Rules of Civil Procedure, Rule 5 — AZ ST RCP Rule 5

Formerly cited as AZ ST RCP Rule 7.1. Amended on an emergency basis effective August 22, 2024, permanently adopted effective December 3, 2024.

Arizona State Court Rules are current with amendments received through January 1, 2025.

Frequently Asked Questions — ARCP Rule 5

Ensure Proper Service of All Pleadings

Our process serving experts ensure full compliance with ARCP Rule 5 — from initial service through post-judgment motions, with complete certificates of service and court-ready affidavits.