Sec. 2-99. Waiver of service of summons; saving costs of service; request to waive.
A. A defendant who is subject to service of a summons and complaint in a civil traffic violation case and who receives notice of the action in the manner provided in this section may avoid costs of serving the summons. To avoid costs, the plaintiff may notify the defendant of the commencement of the action and request that the defendant waive service of the summons. The notice and request shall comply with all of the following requirements:
1. Be in writing and sent by first class mail, postage prepaid, to the address provided to the Arizona Department of Transportation by the defendant.
2. Include a copy of the complaint and identify the court in which it has been filed.
3. Inform the defendant, by means of a text prescribed in an official form by the Chief Presiding Judge, of the consequences of compliance and of a failure to comply with the request.
4. Set forth the date on which the request is sent.
5. Allow the defendant a reasonable time to return the waiver, which shall be at least thirty days from the date the notice is sent.
6. Provide the defendant with an extra copy of the notice and request, as well as prepaid means of compliance in writing.
B. If a defendant who has been notified of the commencement of an action and who has been requested to waive service of the summons in the manner provided in this section fails to comply with the request for waiver of service, the City Court shall impose on the defendant the following fee for the costs incurred in effecting service on the defendant together with the costs, including reasonable attorney’s fees, of any action required to collect the costs of service, unless good cause for the failure is shown:
1. Forty dollars for service upon a defendant within Maricopa County; or
2. Seventy-five dollars for service upon a defendant outside Maricopa County but within the State; or
3. One hundred fifty dollars for service upon a defendant outside the State but within the United States.
C. When the plaintiff files a waiver of service with the City Court, the action shall proceed as if a summons and complaint had been served at the time of filing the waiver, and no proofs of service shall be required.
D. A defendant who waives service of a summons does not thereby waive any objection to the venue or to the jurisdiction of the City Court over the person of the defendant. (Ord. No. G-4393, § 1, 2001; Ord. No. G-4835, § 1, 2006)