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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
sheriffs; constables; service; mileage; fees
Purpose
Increases the cap, from $5 to $10, for a fee for a writ issued on behalf of a justice of the peace and modifies the calculation of a constable's mileage to begin at the office of the precinct the constable serves, rather than the office originating the civil action. Contains requirements for enactment and becomes effective on signature of the Governor (Proposition 108).
Background
For traveling, or on each attempt, to serve civil process, writs, orders, pleadings or papers, the sheriff must receive $2.40 for each mile actually and necessarily traveled but not to exceed 200 miles, nor to be less than $16. Mileage must be charged one way only. For service made or attempted at the same time and place, regardless of the number of parties or papers so served or attempted, only one charge for travel fees must be made for such service or attempted service. A constable must receive the same fees as the sheriff for performing the same services in civil actions, except that mileage must be computed from the office of the justice of the peace originating the civil action to the place of service (A.R.S. ยง 11-445).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Increases, from $5 to $10, the cap for a fee for a writ issued on behalf of a justice of the peace, as established by the county BOS.
2. Requires the calculation of mileage for a constable to be calculated from the office of the justice of the peace in the precinct where the constable serves, rather than from the office of the justice of the peace originating the civil action, to the place of service.
3. Makes technical changes.
4. Requires for enactment the affirmative vote of at least two-thirds of the members of each house of the Legislature (Proposition 108).
5. Becomes effective on signature of the Governor.
Prepared by Senate Research
February 3, 2025
KJA/slp