Arizona: What Is Service by Publication?
Service by publication is Arizona's most restrictive and least preferred method of notifying a defendant about a lawsuit. Courts only allow it when the defendant's location cannot be determined after exhaustive, reasonable efforts and no other form of service is possible.
Last Resort Only
Because service by publication provides the lowest likelihood of actual notice, Arizona courts treat it as a last resort, requiring detailed diligence, a court order, and strict compliance with publication rules.
Fast Serve AZ prepares the diligence documentation required to support publication requests and guides clients through the service-by-publication process from start to finish.
1. When Service by Publication Is Allowed in Arizona
A court may authorize service by publication only when all of the following conditions are met:
A. The Defendant Cannot Be Located
You must prove that:
- Multiple service attempts failed
- The defendant is not at any last-known address
- Workplace attempts were made when relevant
- Address verification showed no reliable location
- All reasonable leads were investigated (relatives, employers, associates)
Service will not be accepted unless every reasonable effort was made to locate the defendant.
B. Reasonable Diligence Has Been Exhausted
You must prove that:
- Multiple attempts at different times and days
- Checks of correctional facilities (local, state, and federal)
- Searches of online directories, public records, and obituaries
- Attempts to contact family, friends, or former employers
- Digital outreach when email or social media profiles are known
- Skip tracing or professional investigative efforts
Simply searching online or emailing alone is not enough to qualify as diligence.
C. Standard Service Under Rule 4.1 Is Impracticable
You must prove that:
- Personal service attempts failed
- Substitute service not possible
- Mailing was unsuccessful
- Posting and mailing was not viable
- Digital methods have proven unworkable
Publication is not permitted merely because a defendant is difficult to reach.
D. A Court Order Is Required
You must prove that:
- A motion requesting publication
- A sworn diligence affidavit
- All evidence of attempts to serve
- Confirmation of the last-known address (or explanation that none exists)
Publication cannot proceed until the court is convinced the defendant cannot be located despite extensive effort.
2. How Service by Publication Works in Arizona
Once the court approves publication, strict rules apply:
Publish in the Correct Newspaper(s)
The summons must be published once per week for four consecutive weeks.
- In the county where the case is filed
- If the defendant's last-known address is in a different Arizona county, in a newspaper in that county as well
Mail the Documents (If Possible)
If you know the defendant's last-known address—even if outdated—you must mail the summons, complaint, and the court's publication order before or at the start of publication.
- If mail is returned "undeliverable," the envelope can be used as proof of your efforts
Obtain Proof of Publication
After the publication period ends, the newspaper issues an Affidavit of Publication.
- This document must be filed with the court
- Service is not complete without this affidavit
File All Required Documents
You must file all documentation with the court.
- The Affidavit of Publication
- A copy of the published notice
- Your diligence declaration
Service Completion Timeline
Under Rule 4.1(l), service is complete 30 days after the first publication date.
- If publication is in-state, the defendant has 20 days to respond
- If out-of-state, the defendant has 30 days to respond
3. When Service by Publication Is Not Allowed
Publication will be denied if:
Courts do not accept publication unless the record demonstrates thorough, exhaustive diligence.
4. Risks and Limitations of Service by Publication
Based on both Arizona rules and court-provided guidance:
It Can Be Expensive
Newspaper publication fees vary by county and can be significant.
It Causes Delays
Publication requires a four-week minimum plus additional deadlines for responses.
Orders Can Be Invalidated
If publication steps are not followed exactly, judgments can be overturned.
Not Permitted for All Case Types
Publication is generally not used for small claims and is not sufficient to establish or modify child support or spousal maintenance.
5. How Fast Serve AZ Supports Service by Publication
Fast Serve AZ provides:
We ensure service by publication is executed correctly and defensibly.