A. A court of this state may exercise jurisdiction over a manufacturer, corporation, importer or distributor that has been granted a license under this chapter with respect to any conduct of the manufacturer, corporation, importer or distributor in this state. In addition to any other method provided by rule or statute, personal jurisdiction over a manufacturer, corporation, importer or distributor may be acquired in a civil action or proceeding instituted in a court by service of process in the manner provided in this section.

Terms Used In Arizona Laws 28-4306

  • 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.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dealer: means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28-4302. See Arizona Laws 28-101
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Director: means the director of the department of transportation. See Arizona Laws 28-101
  • Distributor: means a person who either:

    (a) Sells or distributes new motor vehicles to new motor vehicle dealers in this state. See Arizona Laws 28-4301

  • Franchise: means a contract between two or more persons if all of the following conditions are included:

    (a) A commercial relationship of definite duration or continuing indefinite duration is involved. See Arizona Laws 28-4301

  • Importer: means a person who transports or arranges for the transportation of a foreign manufactured new motor vehicle into the United States for sale in this state. See Arizona Laws 28-4301
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Manufacturer: means any person who either:

    (a) Manufactures or assembles new motor vehicles. See Arizona Laws 28-4301

  • Motor vehicle: means an automobile, motor bus, motorcycle, truck or truck tractor or any other self-propelled vehicle, trailer or semitrailer. See Arizona Laws 28-4301
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Service: means any service that is sold, leased or provided to retail consumers and that directly relates to the ownership or leasing of a new or used motor vehicle, including extended service contracts or motor vehicle warranty and nonwarranty repairs or maintenance, including both parts and labor. See Arizona Laws 28-4301
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Venue: The geographical location in which a case is tried.
  • Writing: includes printing. See Arizona Laws 1-215

B. If a manufacturer, corporation, importer or distributor is not a resident of this state and engages in any business in this state, the manufacturer, corporation, importer or distributor shall designate an agent or the director on whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The manufacturer, corporation, importer or distributor shall make the designation in writing and file it with the director. If process cannot be served in this state on the designated agent, process may be served on the director, but the plaintiff or petitioner shall immediately mail a copy of the process and pleading by certified mail to the defendant or respondent. Service of process is complete with service on the director.

C. The defendant or respondent shall appear and answer within thirty days after completion of service on the director in the manner and under the same penalty as if the defendant or respondent had been personally served with the summons or other process.

D. The plaintiff or petitioner shall file an affidavit of compliance with this section with the clerk of the court within the time the court allows if process was served to the director.

E. Notwithstanding any provision of a franchise, if a manufacturer or distributor requires a new motor vehicle dealer to submit a dispute covered by this chapter or any other law to arbitration or mediation, the time for the dealer to file a complaint, action, petition or protest is stayed until the mediation or arbitration proceeding is complete.

F. If an arbitration proceeding is required pursuant to a provision in a franchise, venue for the arbitration proceeding shall be in this state and the arbitration proceeding shall be governed by the laws of this state. The venue prescribed by this subsection shall not be modified by contract.

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