Motion Dismissal Az For Default Judgment

State:
Arizona
Control #:
AZ-CV-6-AI
Format:
Word; 
Rich Text
Instant download

Description

The Motion Dismissal AZ for Default Judgment is a legal document utilized within the Superior Court of Arizona to formally request the dismissal of a case when the opposing party has failed to respond or take necessary legal actions. This motion can be initiated by either the plaintiff or the defendant and is especially relevant when the adverse party has not served an answer or a motion for summary judgment. The document requires various pieces of information, including the case title, court details, and the reasons for dismissal, which must be stated clearly for the court's consideration. Users must complete the form with accurate information and signatures, and it should be submitted to the appropriate court and notified to all involved parties. This form is versatile and applicable in situations where timely action is necessary to prevent the case from progressing without due response. The target audience, including attorneys, partners, owners, associates, paralegals, and legal assistants, will find this document critical in maintaining procedural efficiency, ensuring compliance with court rules, and protecting their clients' interests. Proper filling and adherence to court protocols can facilitate a smoother judicial process.
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FAQ

Unless a specific rule states otherwise, an opposing party must file any responsive memorandum within 10 days after the motion and supporting memorandum are served; and, within 5 days after a responsive memorandum is served, the moving party may file a reply memorandum, which may address only those matters raised in ...

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.

At any time, the court shall set aside a judgment entered upon an initial failure to appear in response to the court's summons, if it appears that the defendant was not served as provided by law with a copy of the complaint and summons, or for any other reason where necessary to prevent a manifest injustice.

In civil cases, Rule 7.1 of Arizona Rules of Civil Procedure states that the opposing party shall file any answering memorandum within ten (10) days after the motion was filed and served.

Once a debt buyer is armed with a default judgment they then have the power to garnish your wages or levy your bank account.

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Motion Dismissal Az For Default Judgment