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 Without Leave
Category:
State:
Arizona
Control #:
AZ-CV-6-AI
Format:
Word;
Rich Text
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FAQ
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.
Settlement and Dismissal: After a civil or family law case has been set for trial and the parties have announced settlement without presenting a final judgment to the court, the case shall be placed on the Dismissal Calendar and shall be dismissed without further notice on a day certain, 60 days thereafter, unless ...
Whereas a case that is dismissed ?with prejudice? is dismissed permanently, a case that is dismissed ?without prejudice? is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.
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. 12-504). A charge that is dismissed with prejudice cannot be refiled.
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.