Motion for Dismissal: This is a motion which asks the court to dismiss a particular cause of action. The document must include the reasoning behind wanting the dismissal, as well be signed in front of a Notary Public. Also included, is a sample Order Granting Dismissal. This would be signed by the Judge and filed with the clerk's office. This form is available in both Word and Rich Text formats.
Arizona Motion Dismissal With Prejudice
Category:
State:
Arizona
Control #:
AZ-CV-6-AI
Format:
Word;
Rich Text
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Answer: Charges that have been dismissed without prejudice can be refiled. When a charge is dismissed without prejudice it has the same effect as never filing the charges. If the charges are refiled, they must comply with the statute of limitations, or be filed within 6 months of the date of dismissal (A.R.S.
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.
Rule 16 governs court procedures between arraignment and trial, unless another rule provides a more specific procedure. (b)Pretrial Motions. All motions must meet the requirements of Rules 1.6 and 1.9 and be served as provided in Rule 1.7.
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 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.