This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Declaratory Judgment Filed Within In Phoenix
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State:
Multi-State
City:
Phoenix
Control #:
US-000299
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Word;
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FAQ
An example of a declaratory judgment in an insurance situation may occur when a policyholder and an insurer disagree about whether a particular claim is covered under the insurance policy. For instance, suppose a homeowner files a claim with their insurance company for damages to their home caused by a storm.
12-514 - Civil action arising from sexual conduct or sexual contact committed against a minor; failure to report; statute of limitations; definitions.
The benefit of a declaratory judgment is that it prevents lawsuits that are likely to be unsuccessful, which saves the courts, and ultimately taxpayers, resources and time. A policyholder that receives an unfavorable declaratory judgment is unlikely to file a lawsuit, as the suit is much more likely to be dismissed.
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
12-523 - Real property in adverse possession under title or color of title; three year limitation. A. An action to recover real property from a person in peaceable and adverse possession under title or color of title shall be commenced within three years after the cause of action accrues, and not afterward.
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
41-1034 - Declaratory judgment. A. Any person who is or may be affected by a rule may obtain a judicial declaration of the validity of the rule by filing an action for declaratory relief in the superior court in Maricopa county in ance with title 12, chapter 10, article 2.
An execution or other process shall not be issued on a judgment after the expiration of ten years from the date of its entry unless the judgment is renewed by affidavit or process pursuant to section 12-1612 or an action is brought on it within ten years after the date of the entry of the judgment or of its renewal.
They are generally requested when a lawsuit is threatened but before the lawsuit is actually filed, when a conflict might exist between a party's or parties' rights under law or under contract and as a way to prevent multiple lawsuits from the same plaintiff.
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A declaratory judgment is a legal tool that allows a court to make a statement or ruling on a legal issue or dispute without necessarily awarding damages. STEP 1: USING BLACK INK ONLY, Fill out the "Civil Cover Sheet." â–« Write in "Maricopa" as the county. Declaratory Judgment. These rules govern the procedure for obtaining a declaratory judgment. The existence of another adequate remedy does not preclude a declaratory judgment. We can help, and discuss whether or not filing a federal declaratory judgement action may be the best move for you. Thus, appellee's filing of the declaratory judgment action within months of the malpractice judgment was well within the four-year period of limitations. STEP 2: Fill out the "Application for Change of Name for an Adult. If the lawsuit was not filed in the correct justice court, the defendant may file a Motion to Change the Venue of the lawsuit.