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  • Arizona Summons and Notice of Trial in an Adversary Proceeding

Arizona Summons and Notice of Trial in an Adversary Proceeding

Category:
Bankruptcy - Federal - Official - District Court
State:
Arizona
Control #:
AZ-DC-221
Format:
PDF
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Description

Summons and Notice of Trial in an Adversary Proceeding

Arizona Summons and Notice of Trial in an Adversary Proceeding is an official document that is issued by the court in order to notify parties of their upcoming trial. It serves as an official notice that each party must appear and appear at a certain time and place in order to present their case. The document also includes the name of the court, the case number, the date, time, and location of the trial, and the names of all parties involved in the proceeding. There are two types of Arizona Summons and Notice of Trial in an Adversary Proceeding: the Notice of Hearing and the Summons and Complaint. The Notice of Hearing is issued to the parties in advance of the trial and includes details about the case, the date and time of the hearing, and the name of the judge. The Summons and Complaint is issued to the defendant and must be responded to in order to move forward with the trial. It includes information about the case, the date and time of the trial, and the name of the judge.

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FAQ

In any special action, a party may claim costs and attorneys' fees as in other civil actions. In a special action in an appellate court, a request for attorneys' fees shall be made in the pleadings or by motion filed and served prior to oral argument or submission of the special action.

Rule 7.3 - Orders to Show Cause (a) Generally. A court, on application supported by affidavit showing sufficient cause, may issue an order requiring a person to show cause why the party applying for the order should not have the relief it requests in its application.

(1) Generally. An application to the court for an order must be by motion which, unless made during a hearing or trial, must be in writing, state with particularity the grounds for granting the motion, and set forth the relief or order sought.

Rule 4.1 - Service of Process Within Arizona (a)Territorial Limits of Effective Service. All process-including a summons-may be served anywhere within Arizona. (b)Serving a Summons and Complaint or Other Pleading. The summons and the pleading being served must be served together within the time allowed under Rule 4(i).

If, on a motion under Rule 12(b)(6) or (c), matters outside the pleadings are presented to, and not excluded by, the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.

A defendant must not be released if the court finds the proof is evident or the presumption great that the defendant committed: (A) a capital offense or a sexual assault; or (B) any felony offense while the defendant was on pretrial release for a separate felony charge.

Rule 72 - Suitability for Arbitration (a) Decision to Require Compulsory Arbitration. Rules 72 through 77 apply if the superior court in a county, by a majority vote of the judges in that county, decides to require arbitration of certain claims and establishes jurisdictional limits by local rule under A.R.S. § 12-133.

A party subject to service under Rule 4.1 or 4.2 may accept service. The acceptance of service must be in writing, signed by that party or that party's authorized agent or attorney, and be filed in the action.

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More info

P. applies in adversary proceedings. Summons And Notice Of Trial In An Adversary Proceeding Form.This is a Official Federal Forms form and can be use in Procedural Forms Bankruptcy. Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. Proceeding having opposing parties; contested. Differs from ex parte proceeding. The Code of Civil Procedure did not apply to probate proceedings. If the complaint is not filed within 14 days, the service of summons shall be deemed to be ineffective and void without notice. (c) Notice of Case Assignment.

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