Autofill Legal Arizona DUI Forms For Free

Motions to continue are not automatically granted. There must be a showing of good cause for the continuance to be granted. Do not assume your motion to continue was granted just because you filed a motion.

Motions may be made orally in open court or by filing and serving the opposing party with a copy of a written motion. Pretrial motions shall be ruled on before trial. A court shall not rule on any motion until the opposing party has had a reasonable opportunity to respond.

A subpoena may be served anywhere within the state. Proof of service when necessary shall be made by filing with the clerk of the court of the county in which the case is pending a statement of the date and manner of service and of the names of the persons served, certified by the person who made service.

Every state has different laws and in Arizona, personal service (where a person physically hands you the legal paperwork) must be attempted first. If a process server still can't find the defendant, they may ask the court to be allowed to serve someone else that defendant lives with or even a neighbor.

In that event, service is proper if a qualified person (1) delivers the summons and pleading personally to the person being served, or (2) leaves a copy of the documents at the defendant's/respondent's ?usual place of abode? by delivering them to a person of suitable age who lives at the residence.

Unless Rule 4.1(c), (e), (f), or (g) applies, an individual may be served by: (1) delivering a copy of the summons and the pleading being served to that individual personally; (2) leaving a copy of each at that individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; ...