The assertion that the failure to make proof of service does not affect the validity of service is rooted in the understanding of the legal principles surrounding service of process. In many jurisdictions, including Maricopa County, the act of properly serving legal documents—such as summons or complaints—creates a legal requirement for the receiving party to respond. This service is generally considered valid as long as it adheres to the rules of service, regardless of whether proof of service is filed with the court.
Proof of service is a procedural aspect that serves to demonstrate that the documents were indeed delivered to the proper parties. It is important for establishing that the court has jurisdiction over the parties involved and for maintaining an accurate record of service. However, the lack of proof does not inherently nullify the action of service itself. Courts can still recognize that service occurred if it can be substantiated through other means, such as testimony or corroborating evidence.
Additionally, many legal systems allow for the service to be considered valid unless there is a specific objection or challenge made, particularly by the defendant, concerning the manner in which they were served. This is why it is crucial for process servers to ensure that services are conducted according to the established laws to minimize disputes about the validity of that service.