Arkansas Service of Process Rules
Arkansas
State Serve Rules
Affidavit
Notary
Required
Refusal service
Yes, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve care/custody only
Jail Care Custody Service
Yes, Mail marked "legal mail"
Jail Personal Service
Facility-specific policy
Service to a minor
Parent/guardian only
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
18
Residential substitute service
Family only
Spousal Service
Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - TM
Service by mail can only be done by Plaintiff or Attorney
Mailing
Certified Mail
n/a
Mail always?
No
Mail if posted
n/a
Mail if subserve
No (only Plaintiff/Attorney)
Mail SLA
n/a
Posting Rules
Due Diligence Prior to Posting
n/a
Posting
Not Permissible
Eviction Posting Rules
Additional Rules
Additional rules - TM
Subservice requires first-class mailing for AR court
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
Yes
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**Process; By Whom Served.** Service of summons shall be made by…..any person not less than 18 years of age specially appointed by the court for the purpose of serving a summons.
**Personal Service Inside the State, Individuals.** By delivering a copy of the summons and complaint to him personally,
**Substituted:** If he/she refuses to receive, offering a copy to him/her and leaving it in his/her proximity or leaving a copy at his/her dwelling house or usual place of abode with any family member over the age of 18 who therein resides.
**Corporations.** Upon a domestic or foreign corporation or partnership or any unincorporated association subject to suit under a common name, by delivering a copy of the summons and complaint to an officer, partner other than a limited partner, managing or general agent, or any agent authorized by appointment or by law to receive service of summons.
**Special Rules.** Special rules are prescribed for the following circumstances and the Server should consult with their Territory Manager for more details: 1) a defendant under 14 years, 2) a defendant for whom a plenary, limited or temporary guardian has been appointed 3) a defendant confined in a state or federal penitentiary, 4) upon the United States or any officer or 5) upon a state or municipal corporation.
**Return of Service.** The person serving the summons shall make proof of service to the clerk within the time during which the person served must respond to the summons. If service is made by a person other than a sheriff or his deputy, he shall make affidavit thereof…
