ARIZONA PROCESS SERVER TEST

A private process server, after announcing presence and purpose, may enter a residence without invitation

FALSE

A private process server is a Court employee

FALSE

Private process servers have immunity for all actions while serving process

FALSE

A party not appearing is served an Order to Show Cause in the same manners as a service of Summons and Complaint

TRUE

A state authorized private process server may not serve process on a Tribal member within the boundaries of a reservation unless given authority

TRUE

A Summons and Complaint can be served by leaving copies at individuals home when no one is present

FALSE

When serving a Civil Summons and Complaint, service must be made within 120 of issuance of the summons or show good cause why service was not made

TRUE

Only the Superior Court clerk of the county where an action is filed may issue a subpoena for appearance

TRUE

It is the private process server's responsibility to file the affidavit of service with the court

TRUE

A private process server may serve a Writ of Execution requiring the sale of property

FALSE

You may serve process within the jurisdictional limits of the state

TRUE

The return of service made by a private process server shall be by an affidavit

TRUE

State registration as a private process server alone gives you automatic authority to serve process on a reservation

FALSE

Each affidavit of a private process server shall include clear reference to the county where the private process server is registered

TRUE

A Summons and Complaint in a Forcible Detainer must be served at least two days prior to the hearing date

TRUE

An affidavit of service must have all the case identifiers (caption and case #) correctly and clearly shown at the top of the form with a 2" top margin

TRUE

A private process server may engage in the practice of law while serving process

TRUE

An attorney's employee may become a registered process to serve process for that attorney

FALSE

When a summons and complaint are issued in Maricopa County and served in Coconino County, the affidavit of service should be filed in Coconino County

FALSE

A private process server is prohibited from delivering a bill from a collection agency

FALSE

A private process server is restricted by statute as to what fees may be charged

FALSE

A corporation's statutory agent must be an attorney

FALSE

Request that the court enter an order

MOTION

Order requiring attendance at a proceeding

SUBPEONA

Document initiating litigation

COMPLAINT/ PETITON

Litigation

the process of resolving rights-based disputes through the court system

Order to appear and show why relief should NOT be granted

ORDER TO SHOW CAUSE

Sworn Statement

Affidavit

Document that provides notice that action has been filed

SUMMONS

Document ordering service and sale of a property

WRIT OF EXECUTION

Sworn statement regarding or containing details of service or non service

AFFIDAVIT OF SERVICE

Why is an affidavit considered a sworn statement?

An affidavit is a written statement. A person, known as the affiant, swears under oath to the statement's truthfulness.

Service is made on a County by serving who?

The county manager OR the clerk of the board of supervisors

When serving process, the private process server must, upon request

Show proof of process server registration, Verbally identify self, State purpose, Display papers to be served

An affidavit of service must contain

Clear reference of the private process server's registration AND the case number

An affidavit of service should be filed

Promptly / ASAP

A private process server is considered what?

Officer of the court

Service on a corporation is effected by serving who?

Statutory Agent

A private process server may serve process where?

Within the jurisdictional boundaries of the state

Rules and regulations regarding serving process for AZ state courts can be found in

AZ revised Statutes, AZ rules of civil procedure, Local rules of Court, and Administrative Orders

A private process server registration is good for

Three years

You have been hired to serve a summons and complaint resulting from an auto accident. You have made repeated attempts to personally serve the defendant including the addresses left for home and work. The employer states the defendant has quit and has no idea where they are now employed. When you attempted service at home, it appeared abandoned, what do you do?

Contact the individual who hired you for further direction

You have been hired to serve a summons and complaint upon a resident of a secured and guarded complex. Efforts to serve at the place of employment have failed. What efforts can be made to affect service?

Attempt to serve at the residence again OR Continue to attempt to serve at the place of employment OR Consult the individual who hired you

You have been instructed to serve a subpoena with witness and mileage fees attached upon a physician. Which of the following is good service under rule 45?

Handing the physician a copy as he crosses the parking lot between the hospital and the office

Subpoena

a writ ordering a person to attend a court.

You are attempting to serve a summons and complaint upon both a husband and wife. You may do so by which of the following methods?

Leave two copies with the wife at their home

A person is avoiding service may be served with a summons and complaint by which of the following methods?

IF COURT APPROVED: Leaving a copy under the windshield wiper of that person's car

Stapling a copy of the front door of the residence, and thereafter mailing a copy by first class mail

Leaving a copy with the person's business partner at their office

You arrive at the home with a summons and complaint directed to a husband, wife and their 15 yr old daughter, At the home when you arrive are their 17 yr old son, the incapacitated grandma, their 15yr old daughter and the husband, you may properly serve the wife by serving:

The 17yr old son, The 15 yr old daughter, The husband

You can promptly serve the 15yr old daughter by serving

The husband and the 15yr old

You are attempting to serve a summons and complaint upon a city, a municipal corporation. You may leave a copy with

The city clerk

On Wednesday, you are hired to serve a summons and complaint in a forcible detainer action, The hearing is set for the following Wednesday afternoon. Service must be made

At least two days before the hearing date

forcible detainer action

legal process that a landlord or property owner can use to evict a tenant who refuses to leave

You have driven 50 miles out into the desert to serve a summons and complaint upon an individual. When you arrive at the property upon which you believe he resides, you find there are four numbered mobile homes around a common court. When a woman comes out of #3 and asks if she can help you, you ask if this is the individuals residence, She responds that he lives in #11, but is away for the day, and again asks if there is anything she can do for you, You should:

Asks what time she expects him to get home and wait for him OR Tell her that you really need to talk to him, and will return when he is home if she can tell you when that will be

You are requested by a collection agency to serve a paper that looks and reads like an official court document, but you believe it to be a demand for payment made up by the agency to look like an official court paper. You should:

NOT SERVE THE PAPER, report the matter to the proper authorities

As a state private process server, you are engaged in serving state process on an enrolled Native American. The individual lives on the reservation, but works off the reservation. You may serve:

At work

You are attempting to show an order to show cause upon an individual. Which of the following actions are acceptable and result in good service

Leaving a copy with the spouse at home

order to show cause

court order that compels a party involved in a legal case to appear before the judge and explain why the court should or should not grant a specific motion or relief, essentially requiring them to justify their actions or provide a valid reason for not complying with a previous court order

You are asked to serve a summons and complaint upon a person judicially declared to be incompetent to manage his or her own affairs. The person is living in a nursing home. Service is properly made by

Leaving a copy with the person AND a copy with the guardian

When you identify yourself and inform a person you are serving a legal documents, that person begins to ask questions that indicate a need for basic legal assistance. You should

NOT OFFER ANY ADVICE that might be regarded by reasonable person as legal advice

You have served a summons and complaint at the same time on husband and wife, defendants in a breach of contract suit. To notify the court of your service, you shall

File the proof of service and affidavit of service for both promptly