The person effecting service shall make proof thereof to the clerk within the time during which the person served must respond to the summons.
If service is made by a sheriff or his deputy, proof may be made by executing a certificate of service or return contained in the same document as the summons.
Thus, service must be accomplished pursuant to one of the other provisions of subdivision©, e.g., by someone appointed by the court or by mail. by law to receive service of summons.” See, e.g., May v. See Rule 5(b)(2) & Addition to Reporter’s Notes, 1989 Amendment. §§ 1-2-122(b), which allows service by “an alternative mail carrier.” The statute has thus been superseded with respect to service of process.
In a change that reflects settled case law, paragraph (A)(i) has been rewritten to state expressly that the agent of the addressee “must be authorized in accordance with U. See generally Domestic Mail Manual (return receipt). W.2d 932 (1994), the supreme court rejected an effort to require that both the motion for extension of time to serve and the order granting that motion must be filed within the 120-day period. To encourage prompt service, and discourage filing a motion to extend but not securing an order promptly, the amendment sets a deadline for the entry of that order: thirty days after the motion is filed, or the end of the 120-day period, whichever date is later. In an action begun by seizure of property, in which no person need be or is named as defendant, any service required to be made prior to the filing of an answer, claim or appearance shall be made upon the person having custody or possession of the property at the time of its seizure. If the judge permits filing by facsimile transmission, the provisions of subdivision©(2) of this rule shall apply. Every pleading, paper or other document required by this rule to be served upon a party or his attorney, shall contain a statement by the party or attorney filing same that a copy thereof has been served in accordance with this rule, stating therein the date and method of service and, if by mail, the name and address of each person served. This subdivision has been amended to allow service by this method on parties as well, but with the safeguard that the commercial delivery company be court-approved.Addition to Reporter’s Notes, 2006 Amendment: Rule 4(d)(4) has been amended to delete the untoward reference to the “keeper” of a jail, penitentiary, or other correctional facility. The alternative deadlines eliminate the possibility that an early motion for extension will inadvertently reduce the time allowed for extending the time for service. Addition to Reporter’s Notes (1999): Subdivision©(2) of this rule does not authorize the filing of judgments, decrees or orders by facsimile transmission. 2(b), as amended in 1999, requires any clerk’s office with a facsimile machine to “accept facsimile transmission of a judgment, decree or order filed in such manner at the direction of the court.” The faxed judgment, decree or order is effective when entered by the clerk. Section 1-2-122(b) of the Arkansas Code, which allowed service by “an alternative mail carrier,” has been deemed superseded.Over the years, lawyers have questioned the efficacy of service by mail under paragraph (A) of subdivision (d)(8), in part because the postal service does not always follow its own rules regarding restricted delivery mail. This approval may be in the form of a standing order or may be made on a case-by-case basis, as under subdivision©(2).Subdivision (d) has been revised to provide that service shall be made as provided in that subdivision or “upon any person designated by statute to receive service.” This provision incorporates statutes which, for example, provide for service on the registered agent of a corporation. See Addition to Reporter’s Notes to Rule 4, 1999 Amendment.If a motion to extend is made within 120 days of the filing of the suit, the time for service may be extended by the court upon a showing of good cause.
The order granting any such extension, however, must be entered within 30 days after the motion to extend is filed, or by the end of the 120-day period, whichever date is later.
A subpoena for a trial or hearing or for a deposition may also be served by an attorney of record for a party by any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or agent of the addressee. At the request of any party the clerk of the court before which the action is pending shall issue a subpoena for a trial or hearing, or a subpoena for the production at a trial or hearing of documentary evidence, signed and sealed, but otherwise in blank, to the party requesting it, who shall fill it in before service.
The subpoena may also be issued by an attorney pursuant to subdivision (a) of this rule.
Notice of the subpoena shall be promptly given to all parties in the manner prescribed by Rule 5(b).
A witness, regardless of his county of residence, shall be obligated to attend for examination on trial or hearing in a civil action anywhere in this State when properly served with a subpoena at least two (2) days prior to the trial or hearing.
The rule has also been amended to provide uniform requirements for warning orders. For the applicable postal service regulations, see Domestic Mail Manual .