28-2327. Service on director; notice to nonresident; fee; proof of service

265 words·~1 min read·/az/title-28/28-2327

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Service of process under section 28-2326 is made by leaving a copy of the summons and complaint and a fee of four dollars with the director or in the director's office during office hours. The service of process is deemed sufficient service on the nonresident if either:

1. The plaintiff immediately does all of the following:

(a)Sends notice of the service and a copy of the summons and complaint by certified mail to the nonresident defendant.

(b)Appends the defendant's return receipt and the plaintiff's affidavit of compliance with this section and section 28-2326 to the original summons.

(c)Files them with the court within the time the court allows.

2. The plaintiff both:

(a)Serves notice of the service and a copy of the summons and complaint on the defendant, if found outside this state, by a duly constituted officer qualified to serve like process in the state or the jurisdiction where the defendant is found.

(b)Files with the court, within the time the court allows, the officer's return showing that the notice, copy of the summons and complaint were served as provided by this section on the defendant.

B. The court in which the action is pending may order postponements necessary to give the defendant a reasonable opportunity to defend the action.

C. The director shall keep a record, including the day and hour of service, of all process served on the director under this section.

D. The fee paid to the director at the time of service shall be taxed as costs in the suit if the plaintiff recovers.