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Rule 7.1. movements

Annotated Arizona Revised StatutesRules of Civil Procedure for the Superior Courts of Arizona

Annotated Arizona Revised Statutes

Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)

third petitions and motions; pre-trial

16 ARS Rules of Civil Procedure, Rule 7.1

Rule 7.1. movements


(a) Requirements.

(1)Generally🇧🇷 Requesting an order from the court must be made by way of a motion which, unless made at a hearing or trial, must be in writing, specifically stating the reasons for granting the motion and stating the measure or order sought.

(2)support memo🇧🇷 All motions must be accompanied by a memorandum stating the reasons for granting the motion, along with citations to specific parts or pages of authorities and supporting evidence. Unless otherwise determined by the court, a supporting motion and memorandum may not exceed 17 pages, not counting evidence and any necessary statement of facts.

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(3)Responsive and reply memos🇧🇷 Unless a specific rule provides otherwise, an opposing party must file any memorandum of response within 10 days of service of the motion and supporting memorandum; and, within 5 days of sending a response memorandum, the requesting party may submit a response memorandum, which may address only the issues raised in the response memorandum. Unless otherwise determined by the court, a response memorandum cannot exceed 17 pages without including attachments and any necessary statement of facts, and a response memorandum cannot exceed 11 pages without including attachments.

(4)Testimonials and other evidence🇧🇷 Affidavits and other evidence presented in support of any motion or memorandum must be filed with the motion or memorandum unless otherwise ordered by the court.

(5)Open court motions🇧🇷 The court may waive any of these requirements for motions filed in open court.

(b) Effect of Default or Waiver.The court may summarily grant or deny a motion if:

(1) the motion, supporting memorandum or reply memorandum does not materially comply with Rule 7.1(a);

(2) the opposing party fails to file a response memorandum; any

(3) counsel for the claimant or opposing party fails to appear at the designated time and place for the oral submission.

(c) Resolutions on motions.

(1)Generally🇧🇷 Except as otherwise provided in these rules, the court, at any time or place, and with such notice, if any, as the court deems reasonable, may make orders for the advancement, execution and hearing of motions.

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(2)Law and movement day🇧🇷 The court may establish by local rule or direct a regular day, time and place for hearing, considering and deciding motions.

(3)summary of motions🇧🇷 The court may direct, by local rule or ordinance, the filing and determination of motions without oral argument based on the filing of brief written statements giving reasons in support or opposition of a motion.

(d) Oral argument.The court, by local rule or ordinance, may limit the duration of the oral argument, which may not be exceeded without the prior approval of the court. Subject to Rule 56(c)(1), the court may decide motions without oral argument, even if oral argument is requested.

(e) Motions for Reconsideration.

(1)Generally🇧🇷 A party seeking reconsideration of a court order or decision may file a request for reconsideration.

(2)Process🇧🇷 All such motions, regardless of name, must be filed without oral argument and without filing a response or memorandum of response, unless otherwise ordered by the court. However, no request for reconsideration can be granted without the court giving all other parties an opportunity to respond.

(3)No effect on appeal deadline🇧🇷 A motion for reconsideration does not supersede a motion filed under Rule 50(b), 52(b), 59 or 60, and will not extend the period within which notice of appeal must be filed.

(f) Limits on Attacking Motions.

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(1)Generally🇧🇷 Unless filed at a trial or instructional hearing, a strike motion may only be filed if it is expressly authorized by law or other rule, or if you attempt to remove any part of a filing or presentation on the grounds that it is prohibited. , or not authorized by specific law, rule or court order.

(2)Process🇧🇷 Unless the strike motion permitted by Rule 7.1(f)(1) is expressly authorized by rule or statute:

(A) cannot exceed two pages, including your supporting memorandum;

(B) any response memorandum must be filed within 5 days of notice of the motion and may not exceed two pages; Y

(C) no memorandum of response may be filed unless otherwise ordered by the court.

(3)Objections to the Admission of Evidence on Written Motions.

(A) Objections. Any objections and any arguments relating to the admissibility of evidence offered in support of or opposition to a motion must be presented in the contesting party's response or response memorandum and may not be presented in a separate strike motion or other separate submission. except as provided in Rule 56(c)(4).

(B) Response to objections. Any response to an objection must be included in the responding party's response memo and may not be provided in a separate response memo.

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(C) Objections to the evidence offered in a response memorandum. If the evidence in question is offered for the first time in connection with a response memorandum, a contesting party may file a separate objection limited to addressing the new evidence and not exceeding 3 pages, within 5 days of delivery of the response memorandum. No response memoranda may be filed unless otherwise ordered by the court.

(g) Agreed extension of deadlines for submission of memos.

(1)Generally🇧🇷 Subject to the court's power to reject such agreement, the parties may agree to extend the due dates for response and response memoranda if the extension does not conflict with other deadlines established by the court or these rules.

(2)Process🇧🇷 To make the extension effective, the parties must send notice setting out the agreed dates for filing the response or response memoranda. The notice must indicate in its title the number of extensions agreed upon in connection with this filing (eg, “Notice of First Extension to File Response to Motion for Dismissal”).

(3)Limits🇧🇷 No extension will be effective without the prior approval of the court if it is intended to file a response or other final memorandum due less than 5 days before the date for hearing or oral argument previously set by the court, or if the notice of extension is filed after the date memo expiration date.

(4)Effective date🇧🇷 An order is not required to obtain an extension under this rule. The extension takes effect upon presentation of the notice of extension, unless and until the court issues an order disapproving the extension.

(h) Certificate of Good Faith Consultation.When these rules require that a "certificate of good faith consultation" accompany a motion or that the parties consult in good faith, the petitioner must attach to the motion a separate statement certifying and showing that the petitioner has tried in good faith to solve or problem consult or attempt to consult a party or person against whom the motion is directed. The consultation required by this standard must be in person or by phone, and not just by letter or e-mail.


Added September 2, 2016, effective January 1, 2017. Modified August 31, 2017, effective January 1, 2018.

16 A.R.S. Civil Rules Proc., Rule 7.1, AZ ST RCP Rule 7.1

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State court rules are current with changes received and are effective as of 11/15/22. The Judicial Administration Code is in force with the amendments received on 11/01/22.

end of document


How do I look up a Judgement in Arizona? ›

For access to criminal and civil court documents in the Superior Court visit the eAccess portal. For more information about the eAccess portal please visit:

Does a summons have to be served in person in Arizona? ›

In any event, the serving party must mail the summons, the pleading being served, and any court order authorizing an alternative means of service to the last-known business or residential address of the person being served.

What are Arizona rules of evidence? ›

All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by the Constitution of Arizona or by applicable statutes or rules. Evidence which is not relevant is not admissible.

How long do you have to respond to a motion to dismiss in Arizona? ›

In civil cases , Rule 7.1 of Arizona Rules of Civil Procedure states that the opposing party shall file an answer within 10 days after the motion was filed and served. Rule 6(e) of Arizona Rules of Civil Procedure allows an additional 5 calendar days when the motion is served by mail.

How do I find a Judgement on a case? ›

The 'Judgment Search' segment could be reached at, which encapsulates the features such as search by Bench, Case Type, Case Number, Year, Petitioner/ Respondent Name, Judge Name, Act, Section, Decision: From Date, To Date and Full Text Search.

Are court judgments public record? ›

Court judgments are hugely important public documents. We are providing access for people today, with a modern digital service. We are also preserving the records for future generations.

Can a process server just leave papers at your door in Arizona? ›

The Sheriff, Constable or Process Server must tell the other person that these are legal papers, then leave the papers near the person (at their feet is fine), or by leaving the papers at the Defendant's dwelling with a person of suitable age and discretion who lives there.

How many attempts will a process server make in Arizona? ›

In general, process servers will make three attempts. They reach a house at different times of the day. Judges can make some special exceptions depending on the requirements of the case. So, further attempts are even possible.

What happens if a process server can't serve you in Arizona? ›

We will email you a copy of the affidavit and file the affidavit with the court for you in most cases. What happens if you can't serve my documents? If we are unable to serve your documents, we can provide you with an affidavit of non-service.

What is Rule 408 Arizona rules of evidence? ›

Rule 408 concerns evidence of compromise and offers to compromise. This amendment supersedes this Court's ruling in Hernandez v. State, 203 Ariz.

What is a Rule 48 in AZ? ›

Arizona Family Rule 48 does allow a person to seek emergency intervention from the court to suspend another parent's child access or legal decision-making (“LDM”) rights. Used properly, the process can shield a child from serious physical injury or psychological harm. It can also save a life.

What are the 4 Reasons evidence may be excluded? ›

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

What is a Rule 11 hearing in Arizona? ›

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.

How long does a judge have to rule on a motion in Arizona? ›

Every matter submitted for determination to a judge of the superior court for decision shall be determined and a ruling made not later than sixty days from submission thereof, in accordance with Section 21. Article VI of the Arizona Constitution.

What happens after a motion to dismiss is denied? ›

If the motion is denied, the defendant can appeal the master's order to a judge, but an appeal from a judge's order can only be brought with leave of another judge to the Divisional Court. (Orders permitting actions to continue are considered “interlocutory” in the sense that nothing is finally decided.

How to read judgements online? ›

Basic Structure of a Case
  1. The first thing that is written on a case is whether it is reportable or not. ...
  2. The next thing is the name of the court whose court order is whether a supreme court or a high court.
  3. Then the type of case is mentioned. ...
  4. Case number. ...
  5. Name of parties. ...
  6. Judgment.
Aug 2, 2022

Do I have proof to my Judgement? ›

Judgment proof is a description of a person who does not have enough assets for a creditor to seize when a court order requires debt repayment. A debtor who is broke and unemployed can be considered judgment proof, as can a debtor who only has certain legally protected types of assets or income.

How long does a judgment stay on your name? ›

A judgment remains on your credit record for 5 years or until it is paid in full or a rescission is granted by the courts. Although not always the case, in general a consumer is listed as defaulting before a credit provider applies for a judgment.

Is a Judgement a public document? ›

Court judgments are public records. If a case is heard by a court of India, no one can argue that the opinion should not be published and viewable by all, unless the court itself expressly says it cannot be published or a law says it cannot be.

Is a court order a public document? ›

Judgments and orders

Any Judgment or Order made 'in public' is a public document and automatically available to the public. The general rule is that all hearings are in public, subject to the court's discretion to order a hearing to be held in private.

Are court cases made public? ›

Without permission of the court

Once proceedings are started anyone can access details of the claim number, the parties and the legal representatives. Therefore, the fact of litigation is immediately public.

Can a process server walk around your house? ›

Most process servers begin personal service by attempting to serve the person at their home. In most cases, the process server is not trespassing unless the process server unlocks a locked gate or enters a locked building without permission.

Can someone else accept served papers in Arizona? ›

The person to whom a summons or other process is directed may accept service, or waive issuance or service thereof, in writing, signed by that person or by that person's authorized agent or attorney, and the acceptance or waiver shall be filed in the action.

Can a process server trespass in Arizona? ›

Private Process Servers are permitted to serve anywhere in the state of Arizona, yet are not permitted to trespass on private property.

Can you interfere with a process server? ›

If a Process Server is at your home or office to serve you, by law you can ask him or her to leave your property. However, if they are there to serve court documents, it is better to comply with the service. Furthermore, it is frowned upon to interfere with a service of process.

How much does a process server cost in AZ? ›

Service of process ranges from $55 to $135.

Can a felon be a process server in Arizona? ›

A person may not be licensed as a process server if they have been convicted of a felony, a misdemeanor crime involving abuse or assault; or of a misdemeanor crime involving dishonesty or fraud or is doing business under a name that is identical to the name under which a different process server is licensed, or is so ...

Can I be served by mail in Arizona? ›

Rule 4.2(c) states: “the party may serve the person by mailing the summons and a copy of the pleading being served to the person at that address by any form of postage-prepaid mail that requires a signed and returned receipt.” Once the filing party receives the signed, return receipt, he or she must file an affidavit ...

Can you refuse service in Arizona? ›

You do not have the right to refuse service to anybody

there are protected classes. There are state laws, federal laws and in Arizona's case, local laws that provide protection against discrimination. So that business owner does not have an overriding right to trump those laws,” Rho said.

How long does a process server have to serve papers? ›

Normally, for routine service, the typical time to serve papers is 5-7 days. This is usually the first attempt to serve papers. If they fail to serve the defendant, subsequent attempts can be repeated a set number of times over a specified timeframe following the first attempt.

Do Judgements expire in Arizona? ›

In Arizona, a judgment is initially effective for ten years after the date of its entry, and execution must be accomplished within that period. A.R.S. § 12-1551(B).

How long does a Judgement stay on your record in Arizona? ›

An Arizona judgment cannot be enforced after the expiration of ten years from the date it was entered, unless the judgment was renewed by affidavit or process, or an action was brought on it within the ten year period.

Do judgments attach to property in Arizona? ›

The Arizona Supreme Court Confirms that Judgment Liens Attach to Homestead Property. The Arizona Supreme Court recently clarified that a judgment lien does, in fact, attach to the proceeds of the sale of a homestead property.

How long can creditors pursue a debt in Arizona? ›

For closed installment accounts, the statute of limitations runs 6 years after the final payment date. For open accounts, such as credit cards, the statute of limitations begins 6 years from the first uncured missed payment, whether or not there is an acceleration clause.

How many times can a judgment be renewed in AZ? ›

In Arizona it is pretty straightforward – judgments are good for ten (10) years from the date of its entry by the Clerk of the Court. However, junk debt buyers can renew their judgment every ten (10) years for the rest of your life.

What happens if a defendant does not pay a judgment in Arizona? ›

If they do not pay, at your request the court may provide you with forms you may file to try to collect. If the other party does not make full payment, you may file a request to have the writ issued. If these writs are not effective in collecting the judgment, obtaining the services of an attorney may be helpful.

How can I get a copy of my Judgement online? ›

Service steps and procedures
  1. Login with UAE PASS / Create an account.
  2. Submit the application electronically (electronic case registration system)
  3. Pay the fees through the electronic payment gateway.
  4. Receive an electronic copy of the judgment.
Jan 9, 2023

What are public documents Rules of court? ›

Specifically, a public document is a document the execution of which a person in authority or notary public takes part (Bermejo vs. Barrios, 31 SCRA 764). In addition, the Rules of Court (Section 19, Rule 132) also provided examples of public documents.

Which documents are public documents? ›

Examples of Public Documents
  • Electoral Roll of all the districts.
  • Census Report of India.
  • Town Planning Reports by the Department of State Development.
  • Village Records of the villages.
  • Public records keeping the original private documents and not the copy.
  • Records of National Bank.
  • Birth and Death Register.
  • Charge Sheet.
Jul 11, 2019


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