The Constable is elected to a four year term and is an officer of the Justice Court and a peace officer, according to State law. This office serves judicial process for the lower courts. Service includes summons, subpoenas, writs of execution, writs of restitution, writs of garnishment, orders of protection, injunctions against harassment, court orders and the execution of arrest warrants. The Constable attends both civil and criminal Justice Court hearings when requested to do so, and also provides security for Justice Court.

The office is comprised of three sections:

1. Administration handles the accounting, clerical, correspondence and record keeping for the department.
2. The Civil division is responsible for the service of civil summons, complaints and subpoenas.
3. The Criminal division serves both the County Attorney's Office (subpoenas for preliminary hearings and trials) and the Justice Court (court orders and warrants).

WHAT DOES THE CONSTABLE NEED TO PROPERLY SERVE DOCUMENTS ISSUED BY THE JUSTICE COURT?

• Criminal and civil subpoenas - original subpoena and two (2) copies
• Orders of protection and injunctions against harassment - original and two (2) copies; the Constable will provide copies to the associated law enforcement agencies as necessary.
• Summons and complaint in forcible detainers and special detainers - original and two (2) copies of the summons and two (2) copies of the complaint
• Writs of restitution - original and one (1) copy of the writ along with a copy of the underlying judgment
• Orders to show cause - original and two (2) copies
• Notice of hearing - original and two (2) copies
• Summons - original and two (2) copies
• Summons and complaint - original and one (1) copy of the summons and one (1) copy of the complaint
• Writ of garnishment and summons - This is probably the most difficult paper to prepare for proper service. The Constable needs the original writ with two (2) copies and summons with two (2) copies, one (1) copy of the underlying judgment, four (4) copies of the garnishee's answer form, two (2) copies of the second notice to judgment debtor of garnishment, two (2) copies of second hearing request and notice of hearing on garnishment, two (2) copies of the instructions to garnishee, four (4) copies of the garnishee's non-exempt earnings statement and four (4) copies of hearing request of hearing on garnishment earnings statement.
• Writ of replevin and writ of attachment - The original writ and two (2) copies must be accompanied by a BOND equal to twice the amount of the value of the property being seized.
• Writ of general execution and writ of special execution - original writ and two (2) copies along with a copy of the underlying judgment.

ALL ORIGINAL DOCUMENTS PROVIDED TO THE CONSTABLE WILL BE RETURNED TO THE COURT FOR APPROPRIATE FILING.  THE COST FOR SERVICE WILL BE INCLUDED ON THE "RETURN OF SERVICE".

FREQUENTLY ASKED QUESTIONS:

Who can serve civil process?

Registered process servers as well as the Constable and Sheriff. However, only the Constable or the Sheriff can serve process that requires the seizure of persons, property or currency.

 

Who serves process in the other Coconino County Justice Court precincts?

Because there is no other Constable in the other Justice Court precincts, either the Sheriff or private process servers provide the service. The Constable can serve process within the County; however, there is a fee of $2.40 per mile one way, up to 200 miles (which is generally not cost effective).

 

What is the difference between the Sheriff and the Constable?

The Sheriff serves process for the Superior Court and the Constable serves process for the Justice Court located in the precinct.