Return of Service by Publication: A Return of Service by Publication is used when a party can not be found to be served. Therefore, a notice is placed in the local newspaper in the town the party was last known to have lived. This return includes the dates the notice was run, as well as copies of the notices. It is to be signed in front of a Notary Public. This form is available in both Word and Rich Text formats.
Maricopa, Arizona Return of Service by Publication is a legal process employed when a party involved in a lawsuit needs to serve notice to another party who cannot be located or refuses to be served in a conventional manner. In such cases, the court allows the plaintiff to publish a notice or summons in a newspaper approved by the court to officially notify the defendant about the pending lawsuit. The Maricopa County Court system recognizes different types of Return of Service by Publication, depending on the nature of the case. Some of these include: 1. Divorce Return of Service by Publication: In divorce proceedings, when the plaintiff is unable to locate their spouse to serve the divorce papers, they can file for a Return of Service by Publication. This allows the plaintiff to publish the notice of divorce in a designated newspaper approved by the court, providing the missing spouse an opportunity to respond to the divorce complaint. 2. Child Custody Return of Service by Publication: In cases where a parent or legal guardian cannot be located, or their whereabouts are unknown, the court may order a Return of Service by Publication to notify them about a child custody hearing or any modifications. By publishing the notice in a court-approved newspaper, the absent parent is given an opportunity to participate in the legal proceedings. 3. Probate Return of Service by Publication: When a person passes away, and their beneficiaries or heirs cannot be located, the court may authorize a Return of Service by Publication to inform potential claimants and creditors. Publishing the notice allows interested parties to come forward if they believe they have a rightful claim to assets or debts left behind by the deceased. 4. Civil Lawsuit Return of Service by Publication: In civil cases, if a defendant cannot be located or evades service, the court may grant a Return of Service by Publication to ensure that the defendant receives notice of the lawsuit. Publishing the summons or notice provides the defendant an opportunity to respond or defend themselves in court. To initiate the Maricopa Arizona Return of Service by Publication, the interested party must file a motion with the appropriate court, providing detailed information about attempts made to serve the papers conventionally and the reasons why traditional service methods were unsuccessful. Upon approval, the court will specify the newspaper in which the notice must be published, the duration of publication, and the deadlines for any responses or appearances. In conclusion, Maricopa Arizona Return of Service by Publication is a legal method employed to serve notice to parties who are either missing or evading traditional service methods. This process ensures that all parties are given due process and an opportunity to participate in the legal proceedings.
