Arizona Motion Court For Summary Judgment
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How to fill out Arizona Motion For Dismissal?
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FAQ
(2) Motions for judgment as a matter of law may be made at any time before submission of the case to the jury. Such a motion shall specify the judgment sought and the law and the facts on which the moving party is entitled to the judgment.
Rule 56(d): If the court grants a motion in part, it may enter an order stating any material fact, or an item of damages, that is not in dispute, and treat that fact or item as established.
Show that the law does not support judgment on the undisputed facts. Your legal research may reveal case law that shows judgment isn't warranted in your case, even when no facts are in dispute. Show that discovery is incomplete and could raise a disputed material fact when completed.
Replies should be succinctly stated. If the response to a fact is ?undisputed,? the reply should also state ?undisputed.? If you contend that despite a response of ?disputed,? the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.
Rule 56 of the Arizona Rules of Civil Procedure contains the court rule and the mechanics for filing a motion for summary judgment. The superior court shall grant summary judgment when ?there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law.? Ariz.