14-1401. Notice; method and time of giving
A. If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice shall be given either:
1. By mailing a copy thereof at least fourteen days before the time set for the hearing by certified or registered mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known.
2. By delivering a copy thereof to the person being notified personally at least fourteen days before the time set for the hearing.
3. If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, or when otherwise required under this title, by publishing at least three times before the date set for the hearing a copy thereof in a newspaper having general circulation in the county where the hearing is to be held, the first publication of which is to be at least fourteen days before the hearing.
B. The court for good cause shown may provide for a different method or time of giving notice for any hearing.
C. Proof of the giving of notice shall be made at or before the hearing and filed in the proceeding.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1980–2021 · leading case:
Ellis v. Valley Nat'l Bank, 609 P.2d 1073 (Ariz. Ct. App. 1980).
Ellis v. Valley Nat'l Bank, 609 P.2d 1073 (Ariz. Ct. App. 1980).
· cites it 4× “Notice shall be given in the manner prescribed by § 14-1401 by the petitioner to the persons specified in this section and to any additional person who has filed a demand for notice under § 14-3204.”
Matter of Est. of Ivester, 812 P.2d 1141 (Ariz. Ct. App. 1991).
· cites it 4× “In accordance with A.R.S. § 14-1401, Emily filed a proof of notice which included as those entitled to notice of proceedings, Joe Blankenship, 2627 Benson Highway, and Jack Brown, 1341 W.”
Matter of Wilcox Revocable Trust, 965 P.2d 71 (Ariz. Ct. App. 1998).
“section 14-1401(C) requires the filing of a certificate of notice setting forth who has received notice of a particular proceeding.”
Dawson v. Superior Court, 786 P.2d 1074 (Ariz. Ct. App. 1990).
· cites it 2× “On August 7, 1989, petitioner filed with this court a pleading titled “Notice of Mootness in Related Action Below” in which she stated that in Maricopa County Action CV 88-33326 she had abandoned her prayer for preliminary injunction but continues to urge this court to fully…”
Wilcox v. Ebarb, 965 P.2d 71 (Ariz. Ct. App. 1998).
“section 14-1401(0 requires the filing of a certificate of notice setting forth who has received notice of a particular proceeding.”
Haworth v. Ligon (Ariz. Ct. App. 2017).
· cites it 2× “The court denied Judy’s motion, finding that Amber and Autum gave Judy proper notice of the hearing under A.R.S. § 14-1401(A)(2) and that “[Judy’s] repeated lies about the Trust and the destruction of the original Trust [documents]” tolled the statute of limitations.”
Brisbon v. Chambers (Ariz. Ct. App. 2018).
· cites it 2× “§ 14- 3402(A); A.R.S. § 14-1401(A). The record indicates she failed to do so, with this appeal turning on whether that failure means her appointment was void or voidable.”
Jp Morgan v. Adams (Ariz. Ct. App. 2021).
· cites it 2× “Additionally, “[n]otice of a judicial proceeding must be given pursuant to § 14-1401.” § 14-10109(D). A petitioner can satisfy § 14-1401 by sending a copy of the notice of hearing through first class mail at least 14 days before the hearing.”
— Ariz. Rev. Stat. § 14-1401(A) — 1 case
Brisbon v. Chambers (Ariz. Ct. App. 2018).
“§ 14- 3402(A); A.R.S. § 14-1401(A). The record indicates she failed to do so, with this appeal turning on whether that failure means her appointment was void or voidable.”
— Ariz. Rev. Stat. § 14-1401(A)(1) — 1 case
Matter of Est. of Ivester, 812 P.2d 1141 (Ariz. Ct. App. 1991).
“In accordance with A.R.S. § 14-1401, Emily filed a proof of notice which included as those entitled to notice of proceedings, Joe Blankenship, 2627 Benson Highway, and Jack Brown, 1341 W.”
— Ariz. Rev. Stat. § 14-1401(A)(2) — 1 case
Haworth v. Ligon (Ariz. Ct. App. 2017).
“The court denied Judy’s motion, finding that Amber and Autum gave Judy proper notice of the hearing under A.R.S. § 14-1401(A)(2) and that “[Judy’s] repeated lies about the Trust and the destruction of the original Trust [documents]” tolled the statute of limitations.”
— Ariz. Rev. Stat. § 14-1401(C) — 2 cases
Ellis v. Valley Nat'l Bank, 609 P.2d 1073 (Ariz. Ct. App. 1980).
“Notice shall be given in the manner prescribed by § 14-1401 by the petitioner to the persons specified in this section and to any additional person who has filed a demand for notice under § 14-3204.”
Matter of Wilcox Revocable Trust, 965 P.2d 71 (Ariz. Ct. App. 1998).
“section 14-1401(C) requires the filing of a certificate of notice setting forth who has received notice of a particular proceeding.”
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