Arizona Motion to Consolidate - Personal Injury

State:
Multi-State
Control #:
US-PI-0084
Format:
Word; 
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Description

This form is a sample motion by the defendant in a personal injury action request that the court consolidate the trials of two separate actions arising out of the same set of facts.
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How to fill out Motion To Consolidate - Personal Injury?

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FAQ

Under Rule 11, the defendant has the right to a full mental examination and hearing when reasonable grounds exist for it. A Rule 11 hearing may be held when a defendant is suspected of being mentally incompetent. This hearing is granted when there is substantial evidence of mental incompetence.

¶ 6 Arizona Rule of Criminal Procedure 20(a) provides that on a defendant's motion or its own initiative, a trial court ?shall enter a judgment of acquittal? before the verdict ?if there is no substantial evidence to warrant a conviction,? and that ?[t]he court's decision on a defendant's motion shall not be reserved, ...

A Motion to Consolidate is a request to combine the assets and liabilities of two or more debtors, which is in contrast to a Motion for Joint Administration which merely seeks to procedurally administer two or more cases together.

Rule 50(b) allows the court to reserve decision on the question of law until after the case has been submitted to the jury and it has reached a verdict or is unable to agree. If the court decides the initial motion should have been granted, it may set aside the verdict of the jury and enter judgment as a matter of law.

Voluntary and Involuntary Case Dismissals Most commonly, a defendant will file a motion to dismiss if they believe there is a lack of evidence, improper jurisdiction, a breach of the statute of limitations or if they believe the other party is not complying with a court order.

Rule 50(b) allows the court to reserve decision on the question of law until after the case has been submitted to the jury and it has reached a verdict or is unable to agree. If the court decides the initial motion should have been granted, it may set aside the verdict of the jury and enter judgment as a matter of law.

The court may issue orders-including an order for separate trials-to protect a party against embarrassment, delay, expense, or other prejudice that arises from including a person against whom the party asserts no claim and who asserts no claim against the party.

Rule 42 - Consolidation; Separate Trials (a) Consolidation. If actions before the court involve a common question of law or fact, the court may: (1) join for hearing or trial any or all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or delay.

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Arizona Motion to Consolidate - Personal Injury