You also include why the particular court you are submitting the complaint to has jurisdiction to hear the grievances being brought forth. The Arizona Revised Statutes and Arizona Rules of Civil Procedure state that in civil cases where the amount being asked for does not exceed a certain level, the case must be referred to Compulsory Arbitration.
At the time a complaint is filed, you must file a separate statement with the Court indicating whether the case is subject to arbitration. The Pima County Superior Court website outlines the reason for mandatory arbitration. On appeal, the case returns to the trial judge, and it proceeds to trial, either before a jury or the judge.
This application for default is also mailed to the defendant and they have a certain amount of time to respond to it as well. You must also include any witnesses you would call at trial. Statewide Paralegal is a complete case management legal document preparation service. We are certified by the Arizona Supreme Court. We prepare, file, serve, track deadlines and ensure that all rules of procedure are followed. AZ Statewide Paralegal.
General Steps in Bringing a Civil Lawsuit from azcourts. The plaintiff must state whether the case is eligible for arbitration according to court rule. A copy of the complaint and a summons are delivered to served on the defendant. The defendant has a limited time usually 20 days to file a written answer admitting or denying the statements in the complaint. Please consult an attorney to determine if these circumstances apply to your case. The court in which an action is to be filed is determined by where the defendant resides or does business.
In addition to any other available methods, service of the summons and complaint shall be by a private process server [Rule 4 c R. You can fill out this form on your computer and then print it out.
Please see our forms section for detailed instructions. Maricopa County Justice Courts. Depending on the court and the type of lawsuit you're filing, you may have to sign your complaint in the presence of the court clerk or in front of a notary public. Typically the court requires your signature to be in blue or black ink. Fill out your summons. The summons tells the court how you're delivering a copy of the complaint to the defendant, and generally must be completed on the same day you file your complaint and initiate the service process.
The clerk will have a form you can use for your summons, which looks the same regardless of what kind of civil lawsuit you file. Each type of court has its own form, however, so make sure you're using the summons for the court in which you're filing your lawsuit. The summons or certificate of service, whichever is used, must be signed and dated the same day you expect to have your complaint served on the defendant. Make copies of all your documents. After you've completed all your documents, you must make at least two copies — one for your own records and one for the defendant — before you file the originals with the court.
If you're suing more than one person or business, you'll need a copy for each of them. Take your documents to the clerk's office. The clerk will stamp "filed" with the date on your originals and each of your copies after you've paid filing fees. Filing fees vary depending on the type of case you're filing and what court you're filing it in.
A deferral postpones your payment of fees or allows you to pay them in increments, while a waiver means you don't have to pay fees at all. To apply for either, you must fill out an application and submit it to the court. Have the defendant served. Before your case can be heard by a judge you must be able to prove that the defendant had notice of the suit. The easiest way to complete service is to mail your complaint using certified mail.
If you're suing in small claims or state court, the clerk's office can provide you with certified mail forms which you can use at any post office. You also can use the sheriff's department or a private processing service to hand-deliver the complaint to the defendant personally.
You must serve a separate copy of the lawsuit to each defendant, including spouses. Once service is completed, you must file your proof of service at the clerk's office. Make a copy of your receipt or other proof before you file it so you have a copy for your own records.
Part 4. Respond to any counterclaims. When the defendant answers your lawsuit, she may include claims against you as well. The defendant has 20 days to answer your complaint. If you don't receive an answer within that time, you may be able to get a default judgment in your case — meaning you simply show up to court for your hearing and the judge grants the relief you asked for in your complaint.
The defendant also may raise counterclaims against you, in which case you have 20 days to answer them just as the defendant answered you. If you don't respond to the defendant's counterclaims, the defendant also may win by default.
Participate in discovery. During the discovery process both you and the defendant have the opportunity to exchange documents and ask each other questions related to the lawsuit.
Small claims or justice courts do not have discovery. If you're filing in state court, you must file a disclosure statement with the court that lists all exhibits or documents you plan to present as evidence, as well as any witnesses you intend to call. Consider using alternate dispute resolution such as mediation or arbitration. A neutral, third-party mediator may be able to help you and the defendant come to a compromise on your case without going to trial. If you're worried about costs, there may be a relatively inexpensive community mediation service near you that you could use.
You might also check with the clerk of court or at the court's self-help center to find out what services are recommended there. Arbitration is much like a non-jury trial before a judge, but with more relaxed rules of evidence and procedure.
Each side presents its case to the arbitrator, who applies Arizona law to the facts of the case to make a decision. If either side is dissatisfied with the arbitrator's decision, it can be appealed to the court where the case will be decided either by a judge or jury. Prepare for trial. If you and the defendant are unable to resolve your dispute, you can have your case decided by a judge or jury. Keep in mind you do not have the right to a trial by jury in a small claims case.
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