A. If plaintiff makes affidavit that an undivided portion of the land described in the complaint is owned by some person unknown to affiant, a summons shall be issued to the unknown owner. The summons shall contain a brief statement of the nature of the action and a description of the interest of the unknown owner, and shall command him to appear and answer as in ordinary cases.
Terms Used In Arizona Laws 12-1212
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Summons: Another word for subpoena used by the criminal justice system.
B. The summons shall be served by publication in some newspaper in the county where the summons issues, if a newspaper is published in the county. If no newspaper is published in the county, publication shall be made in the nearest county in which a newspaper is published, for four successive weeks.
C. If no appearance is entered within the time set forth in the summons, the court shall proceed as in other cases where service is made by publication.
D. The court shall in its decree protect the rights of the unknown owner.