Arkansas Proof of Service

Introduction

Key Things to Know

1. 1

   A summons may be served only by the sheriff or deputy of the county where service is made, by a person appointed under Arkansas Supreme Court Administrative Order No. 20, by a person authorized under the law of the place outside Arkansas where service happens, or by the plaintiff or plaintiff's attorney of record if service is by mail or commercial delivery company (Rule 4(c)(2)). The official, mandatory Form of Summons (Ark. R. Civ. P. 4(b)) has its own proof-of-service section built in.

2. 2

   Administrative Order No. 20 appointment requires the applicant be 18 or older, a United States citizen, hold a high school diploma or equivalent, carry a valid driver's license, certify familiarity with Rules 4, 5, and 45, and have no conviction for a crime punishable by more than a year's imprisonment or one involving dishonesty. Appointment runs by county or judicial district for a term of up to 3 years, and a circuit may add further qualifications.

3. 3

   If anyone other than a sheriff or deputy completes the proof of service, Rule 4(d)(1) requires the certificate to be sworn before a notary. The Form of Summons gives a sheriff or deputy a signature block with no notary line. Arkansas has no general penalty-of-perjury declaration substitute for a domestic server; the state's unsworn-declaration statute covers only a declarant physically outside the United States.

4. 4

   Personal delivery is valid, as is leaving the papers in close proximity if the defendant refuses them after the server states the purpose, or leaving them with an 18-or-older family member at a place the defendant resides, or with an authorized agent (Rule 4(f)).

5. 5

   Certified mail, return receipt requested, with delivery restricted to the addressee, is a valid method on its own (Rule 4(g)(1)(A)), but a default judgment requires a signed return receipt, green card, or postal employee's refusal affidavit; unclaimed mail is not refusal. Ordinary first-class mail alone is not enough; it works only paired with the Notice and Acknowledgment form, and if no signed acknowledgment is returned within 20 days, a different method must be used instead (Rule 4(g)(1)(B)).

6. 6

   The summons must be served within 120 days of filing, or the action is dismissed without prejudice as to that defendant. An extension motion must be filed within the current 120-day window, and the order granting it must be entered within 30 days of the motion or by the end of that window, whichever date is later, or the extension fails even though the motion was timely.

7. 7

   There is no separate fixed day count to file the proof of service; file it within the time the defendant has to answer, ordinarily 30 days after service, or 60 days if the defendant is incarcerated in an Arkansas jail, penitentiary, or correctional facility (Rule 4(d)). Later papers instead use a self-executing certificate of service under Rule 5(e), a statement by the party or attorney filing the paper.

Arkansas Requirements for Proof of Service

• Only Certain People May Serve a Summons

  A summons may be served only by the sheriff or deputy of the county where service is made, a person appointed under Administrative Order No. 20, a person authorized under the law of the place outside Arkansas where service happens, or the plaintiff or plaintiff's attorney of record if serving by mail or commercial delivery company (Ark. R. Civ. P. 4(c)(2)).

• Administrative Order No. 20 Appointment Qualifications

  A private server must first be appointed by a circuit's administrative judge. Statewide minimums are 18 or older, a United States citizen, a high school diploma or equivalent, a valid driver's license, and no disqualifying conviction. Appointment runs for a term of up to 3 years, and a circuit may add further qualifications.

• Mandatory Statewide Form of Summons

  The Arkansas Supreme Court's Form of Summons (Ark. R. Civ. P. 4(b)) is mandatory statewide and has its own proof-of-service section printed on it. Use the court's version of that form; it controls over a separately drafted proof.

• Sworn Certificate Required Unless an Officer Signs

  If anyone other than a sheriff or deputy completes the proof of service, Rule 4(d)(1) requires the certificate to be sworn before a notary. The Form of Summons gives a sheriff or deputy a signature block with no notary line.

• Certified Mail Restricted Delivery Is a Valid Method

  Certified mail, return receipt requested, with delivery restricted to the addressee, is a freestanding, sufficient method to serve a summons on its own under Rule 4(g)(1)(A), with the signed return receipt attached to the proof. A default judgment requires a signed return receipt, green card, or postal refusal affidavit; unclaimed mail is not refusal.

• Notice and Acknowledgment Mail Needs a Returned Signature

  Ordinary first-class mail alone does not serve a summons. It works only paired with the Notice and Acknowledgment form and a prepaid return envelope, and a different method must be used if no signed acknowledgment comes back within 20 days (Rule 4(g)(1)(B)).

• 120-Day Deadline to Serve With a Two-Step Extension

  The summons must be served within 120 days of filing, or the action is dismissed without prejudice as to that defendant. An extension motion must be filed within that window, and the order granting it entered within 30 days of the motion or by the window's end, whichever date is later.

• Proof of Service Tied to the Defendant's Answer Deadline

  Rule 4(d) sets no separate fixed day count to file the proof; it must be filed within the time the defendant has to answer, ordinarily 30 days after service, or 60 days if the defendant is incarcerated in an Arkansas jail, penitentiary, or correctional facility.

• Self-Executing Certificate of Service for Later Papers

  Under Rule 5(e), later papers like motions are proved with a self-executing statement in the filed document stating the date and method of service, made by the party or attorney filing it, with no separate form.