Saucedo v. Engelbrecht

In Saucedo v. Engelbrecht, 149 Ariz. 18, 716 P.2d 79 (App. 1986) however, this Court seemed to depart from the traditional rule regarding service by publication. The Court reiterated the holding in Walker v. Dallas, 146 Ariz. 440, 706 P.2d 1207 (1985) that service by publication is sufficient to confer in personam jurisdiction over a non-resident motorist if that motorist cannot be served personally and if the insurer has notice. Id. at 19, 716 P.2d at 80. However, the Court went on to hold that "we see no constitutional distinction that would prohibit service by publication over a resident, where due diligence is exercised and he cannot be found. A finding of due diligence is a jurisdictional prerequisite." Id. The Court found that the plaintiff had exercised due diligence to allow service by publication on the defendant. Id.