The proposed bill seeks to amend sections 12-1175 and 33-1377 of the Arizona Revised Statutes, specifically updating the procedures for forcible entry and detainer actions. Under current law, when a complaint is filed, summons must be issued no later than the next judicial day. The bill modifies this to state that summons shall not be issued later than the next judicial day. Additionally, it introduces a requirement that if the summons is served by posting, the server must photograph the posting with an embedded time and date stamp and submit it electronically to the court's records.
Furthermore, the bill revises the timeline for the issuance and service of summons. It specifies that the summons must command the defendant to appear not more than six or less than three days after the date of issuance, and it clarifies that the tenant is considered to have received the summons three days after mailing if a copy is posted at their residence. The bill also stipulates that in cases of material and irreparable breach, the trial date must be set not later than the third day following the complaint filing, and restitution must be ordered within twelve to twenty-four hours if the breach is found to have occurred.
Statutes affected: Introduced Version: 12-1175, 33-1377