28-4306. Jurisdiction; service of process; arbitration; venue

402 words·~2 min read·/az/title-28/28-4306

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

A. A court of this state may exercise jurisdiction over a manufacturer, corporation, importer or distributor that has been granted a license under this chapter with respect to any conduct of the manufacturer, corporation, importer or distributor in this state. In addition to any other method provided by rule or statute, personal jurisdiction over a manufacturer, corporation, importer or distributor may be acquired in a civil action or proceeding instituted in a court by service of process in the manner provided in this section.

B. If a manufacturer, corporation, importer or distributor is not a resident of this state and engages in any business in this state, the manufacturer, corporation, importer or distributor shall designate an agent or the director on whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The manufacturer, corporation, importer or distributor shall make the designation in writing and file it with the director.

If process cannot be served in this state on the designated agent, process may be served on the director, but the plaintiff or petitioner shall immediately mail a copy of the process and pleading by certified mail to the defendant or respondent. Service of process is complete with service on the director.

C. The defendant or respondent shall appear and answer within thirty days after completion of service on the director in the manner and under the same penalty as if the defendant or respondent had been personally served with the summons or other process.

D. The plaintiff or petitioner shall file an affidavit of compliance with this section with the clerk of the court within the time the court allows if process was served to the director.

E. Notwithstanding any provision of a franchise, if a manufacturer or distributor requires a new motor vehicle dealer to submit a dispute covered by this chapter or any other law to arbitration or mediation, the time for the dealer to file a complaint, action, petition or protest is stayed until the mediation or arbitration proceeding is complete.

F. If an arbitration proceeding is required pursuant to a provision in a franchise, venue for the arbitration proceeding shall be in this state and the arbitration proceeding shall be governed by the laws of this state. The venue prescribed by this subsection shall not be modified by contract.