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CIVIL ACTION

Filing Fees:

  • Complaint filing fees   $88.00
  • Subsequent filing (answer or other responsive pleadings) $57.00
  • Transmittal fee (to Superior Court)   $17.00
  • Issuing Writs, subpoenas    $30.00
  • Copies per page   $ .50

Parties:

  • Every action shall be prosecuted in the name of the real party at interest, you must name the correct party to be sued.

Service of Summons and Complaint:

  • Delivery of a legal document notifying a person of legal action taken against them must be documented. Service of the summons and complaint may be by a constable or private process server. The action will be dismissed if the summons and complaint have not been served within 120 days of the filing of the complaint.

Filing An Answer:

  • The Defendant has 20 calendar days from the date of service in which to file an answer in writing to the complaint.

Filing A Counterclaim:

  • If the Defendant files a counterclaim in the action, the Plaintiff (counter-defendant) has 20 days from the date of service in which to file a reply in writing. There is no fee for filing a reply to a counterclaim.

Jurisdiction:

  • Damages up to but not including $10,000.00. Larger claims may be reduced and the remaining amount waived. Court costs, attorney’s fees, filing fees and service fees may be claimed.

Venue:

  • The court in which an action is to be filed is determined by where the defendant resides or does business, if you are suing a business, or where the cause of action occurred.

Attorneys:

  • An attorney may represent either party, and Rules of Civil Procedure for the Superior Courts of Arizona are followed in the Justice Courts. If you elect to represent yourself, you have a responsibility to acquire a sufficient knowledge to complete the forms properly and to follow your action to conclusion.

Dismissal:

  • The Plaintiff may dismiss the claim at any time prior to the defendant filing an answer or other responsive pleadings.

Default:

  • A party defaults when the party fails to respond to a lawsuit within the specified time allowed. If a default occurs, an entry of default against the defendant for the purpose of obtaining a judgment by default, may be filed.

Disclosure:

  • Disclosure is the pretrial process requiring each party to disclose to the other the evidence and witness testimony that will be presented in trial.

Pretrial Conference:

  • A pretrial conference may be set to clarify the issues for trial, and if possible, to reach a settlement.

Trial:

  • If all filings are proper and timely, a trial can be set. Either party can request a jury trial.

Appeal:

  • If you are not satisfied with the trial decision, you may file an Appeal to the Superior Court, which must be filed within 10 judicial days and must be accompanied by a transmittal fee of $17.00 and a cost bond of $150.00.

Collecting A Judgment:

  • A Writ of Garnishment of earnings
  • A Writ of Garnishment of non-earnings
  • A Writ of Execution

 


 
     
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