Affidavit – Service by Publication, Unable to Serve

[Firm Name]

[Firm Address]

[Firm Phone Number]

[Firm Fax]

[Firm Email]

[Attorney Name and Bar Number]

Attorney for Plaintiff(s)

 

Arizona Superior Court, Yavapai County

 

[Plaintiff Name(s)],

 

Plaintiff(s),

 

v.

 

[Defendant(s)],

 

Defendant(s).

 

 Case No.

 

AFFIDAVIT OF PROPRIETY FOR, AND SERVICE BY, PUBLICATION

 

Assigned to the Hon. [Judge]

 

 

 

[Affiant], being duly sworn, upon oath, deposes and says as follows:

  1. I am the attorney for the plaintiff in this action, and submit this Affidavit to demonstrate the circumstances warranting the utilization of service by publication under Ariz. R. Civ. P. 4.2(f) (2017), and to establish the completion of such service.
  2. Defendant [Defendant] is an individual who is known to reside within the State of Arizona at the following address: [Defendant’s last known address].
  3. As is evidenced by the Affidavit of Service of Process by Private Person attached hereto, however, repeated and diligent attempts to secure service of process upon defendant [Defendant] at that address have been unsuccessful. [Detailed description of efforts made to locate and serve defendant].
  4. Based on these repeated, diligent but unsuccessful efforts, it appears defendant is attempting to avoid service of process.
  5. In accordance with the provisions of Ariz. R. Civ. P. 4.2(f) (2017), on [date of service], I caused a Summons and a true copy of the Complaint in this action to be deposited in the United States mails, first class postage prepaid, properly addressed to the defendant [Defendant] at the address specified above.
  6. Thereafter, I caused the Summons and a statement as to the manner in which a copy of the Complaint could be obtained by defendant [Defendant] to be published in [name of publication], a newspaper regularly published in the County where the action is pending.
  7. I caused the information described herein to be first published on [first date of publication] and published thereafter on the following dates [additional dates of publication], which is at least once a week for four successive weeks.
  8. Service was complete on [date of service], which is thirty (30) days after the first publication.
  9. A true copy of the Summons, and of the statement as to the manner in which a copy of the Complaint could be obtained, as printed and published, is attached to this Affidavit as Exhibit 1.

 

Dated this [Day] of [Month], [Year].

 

By                                                                    

[Name of Plaintiff’s Attorney]

[Firm Name]

[Firm Address]

Attorney for Plaintiff

 

 

/by