Arizona Motion to Dismiss or Transfer - Civil Trial

State:
Multi-State
Control #:
US-PI-0095
Format:
Word; 
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Description

This form is a motion filed by the defendant in a personal injury action requesting that the court grant its motion to dismiss the plaintiff's complaint or to remove the matter to federal court.

Arizona Motion to Dismiss or Transfer — Civil Trial is a legal document that plays a crucial role in the Arizona court system. This motion provides a means for a defendant (the party being sued) to request the court to dismiss the case or transfer it to a different court or jurisdiction. The purpose of this motion is to challenge the validity of the lawsuit and potentially avoid a trial. There are different types of Arizona Motion to Dismiss or Transfer — Civil Trial, each serving a specific purpose based on the circumstances of the case. These types include: 1. Motion to Dismiss for Lack of Personal Jurisdiction: This type of motion is filed when the defendant believes that the court lacks jurisdiction over them. It argues that the court does not have the authority to hear the case because the defendant has no substantial connections to Arizona. 2. Motion to Dismiss for Improper Venue: This motion is used when the defendant argues that the lawsuit should be dismissed because the chosen court is not the proper venue (geographical location) to hear the case. The defendant claims that the case should be filed in a different jurisdiction where the events or parties involved have a closer connection. 3. Motion to Dismiss for Failure to State a Claim: In this type of motion, the defendant asserts that even if all the facts presented by the plaintiff are true, they do not constitute a valid legal claim. The defendant argues that the plaintiff failed to sufficiently allege all the necessary elements to support a cause of action. 4. Motion to Transfer for Forum Non-Convenient: This motion is filed when the defendant argues that while Arizona may have jurisdiction and the venue is proper, it is inconvenient for the case to be heard in that specific court. The defendant requests that the case is transferred to a different court, usually in another state or jurisdiction where it would be more convenient for all parties involved. It is important to note that the specific requirements and procedures for filing a Motion to Dismiss or Transfer — Civil Trial may vary depending on the rules of the Arizona court system. Therefore, it is essential for defendants to consult with an experienced attorney to ensure compliance with all relevant rules and to maximize the chances of success when filing this motion.

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FAQ

(c) Attendance. Every party and its counsel must attend a settlement conference unless specifically excused by the court for good cause.

Summary. Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings. Judge Hollander's opinion in Blevins v. Piatt.

Court Interviews of Children. (a) Generally. On a party's motion or on its own, the court may conduct an in camera interview with a minor child who is the subject of a legal decision-making or parenting time dispute to ascertain the child's preferences as to both.

When a plaintiff files a motion to dismiss, court personnel must verify the plaintiff's identity. (c) Personal Interview. The judicial officer must personally interview the plaintiff and make sufficient inquiry of the plaintiff to determine that the plaintiff is not making the request under duress or coercion.

Unless made at trial or an evidentiary hearing, a motion to strike may be filed only if it is expressly authorized by statute or other rule, or if it seeks to strike any part of a filing or submission on the ground that it is prohibited, or not authorized, by a specific statute, rule, or court order.

(1) Generally. A party seeking reconsideration of a court order or ruling may file a motion for reconsideration. (2) Procedure. All such motions, however denominated, must be submitted without oral argument and without the filing of a responsive or reply memorandum, unless the court orders otherwise.

(C) A party must file and serve a reply to an answer within 20 days after being served with an order to reply, unless the order specifies a different time.

Rule 16.4 - Dismissal of Prosecution (a)On the State's Motion. On the State's motion and for good cause, the court may order a prosecution dismissed without prejudice if it finds that the dismissal is not to avoid Rule 8 time limits. (b)On a Defendant's Motion.

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Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper. If a ... Motions may be made orally in open court or by filing and serving the opposing party with a copy of a written motion. Pretrial motions shall be ruled on before ...STEP 3: Fill in YOUR name in the space that says “Petitioner” if you are the one who filed the original action. Whoever was the Petitioner for the original ... A motion to consolidate pursuant to Rule 42, Arizona Rules of Civil Procedure, shall contain the captions of all the cases sought to be consolidated, be filed ... STEP 1: COPIES AND ENVELOPES. Make 3 copies of the Motion to. Dismiss Without Prejudice. Make 2 copies of the Order to. Dismiss Without Prejudice. Once you have properly served the complaint, the defendant ordinarily must respond with an answer, a motion to dismiss, or a motion for summary judgment. If a party wants to hire an attorney or file a counterclaim for more than $3,500, they must transfer the case out of small claims court and turn it into a civil ... Sep 11, 2023 — The best way to know for sure is by contacting an experienced Arizona trial attorney who has experience in both federal and state courtrooms. If you wish to sue for more than $10,000, you must file your lawsuit in the superior court. The small claims division provides an expedited and less formal ... You also may file a motion in the superior court of the county in which the ... scheduled with respect to the petition, the court may dismiss the petition without ...

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Arizona Motion to Dismiss or Transfer - Civil Trial