Rule 31 - Service of Protective Orders(a) Who Can Effect Service. A protective order can be served only by a person authorized by Rule 4(d), Arizona Rules of Civil Procedure, A.R.S. §§ 13-3602(K), 12-1809(S), or 12-1810(S) or as otherwise provided in this rule.(b) Expiration of an Unserved Order. A protective order expires if it is not served on the defendant, together with a copy of the petition, within one year from the date the judicial officer signs the protective order. See A.R.S. §§ 13-3602(N), 12-1809(J) and 12-1810(I).(c)Transmission of an Order of Protection. Upon issuance of an Order of Protection, a court must transmit the documents for service to the appropriate law enforcement agency or constable. The court may accomplish transmission of the Order of Protection and accompanying documents by using a service portal managed by the Administrative Office of the Courts. But if the portal is unavailable for any reason, the issuing court must provide the documents to law enforcement in some other manner. The court must transmit the documents on the same day the Order of Protection is issued, unless the judicial officer makes a finding on the record that extraordinary circumstances exist. If the judicial officer delays service because of extraordinary circumstances, the judicial officer must indicate a time, not to exceed 72 hours, by which the court must transmit the order to the appropriate law enforcement agency or constable for service.(d) Certification Not Required. There is no requirement that the copy of the order served on the defendant be certified.(e) Service of a Modified Order. The service and registration requirements applicable to the original protective order also apply to a modified protective order.(f) Acceptance of Service. A defendant may sign an acceptance of service form, which has the same effect as service. If the defendant refuses to sign an acceptance of service form, the judicial officer may have the defendant served in open court. In superior court, the minute entry must reflect the method of service that was used.(g) Service in Court. If the defendant is present in court and refuses to sign an acceptance of service form, the judicial officer must have the defendant served in open court by a person specially appointed by the court. A judicial appointment to effectuate service may be granted freely, is valid only for the service of the protective order or modification entered in the cause, and does not constitute an appointment as a registered private process server. A specially appointed person directed to serve such process must be a court employee who is at least 21-years old and cannot be a party, an attorney, or the employee of an attorney in the action whose process is being served. If such an appointment is entered on the record, a signed order is not required provided a minute entry reflects the special appointment and the nature of service.(h) Service at the Scene. If a defendant is physically present with the plaintiff and has not yet been served, a peace officer may be summoned to the scene and may use the plaintiff's copy of the protective order to effect service on the defendant.(i) Filing the Proof of Service. Proof of service must be promptly filed with the clerk of the issuing court as soon as practicable after service but no later than 72 hours, excluding weekends and holidays. Proof of service may be submitted by facsimile, electronically, or in person. See A.R.S. §§ 13-3602(P), 12-1809(L) and 12-1810(K).Formerly Rule 1 in part, added Sept. 5, 2007, effective 1/1/2008. Amended Sept. 16, 2008, effective 9/26/2008. Adopted on a permanent basis effective 9/3/2009. Amended Aug. 30, 2012, effective 1/1/2013. Renumbered Rule 31 and amended Aug. 27, 2015, effective 1/1/2016. Amended Sept. 2, 2016, effective 1/1/2017; amended August 27, 2019 1/1/2020; amended December 8, 2021, effective 1/1/2022; amended August 29, 2022, effective 9/24/2022; amended December 8, 2022, effective 1/1/2023.COMMENT
The defendant must be personally served because personal service on the defendant satisfies the criminal notice requirement if a violation of the protective order is prosecuted under criminal statutes, and