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.
Dismissal Motion Dismiss For Unclean Hands
Category:
State:
Arizona
Control #:
AZ-CV-6-AI
Format:
Word;
Rich Text
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FAQ
App. 1999), the party asserting the unclean hands defense must prove that the misconduct relates directly to the subject matter concerning which a particular claim is made. In other words, there must be a direct relationship between the misconduct and the claimed injuries.
Example: Hank Hardnose sues Grace Goodenough for breach of contract for failure to pay the full amount for construction of an addition to her house. Goodenough proves that Hardnose had shown her d estimates from subcontractors to justify his original bid to Goodenough.
If the defendant can prove that the plaintiff has unclean hands, i.e., acted unethically, then the plaintiff's complaint will be dismissed. This defense is an affirmative defense that can be used by defendants; however, keep in mind that the defendant must prove the defense in order for the complaint to be dismissed.
An equitable defense that bars relief to a party who has engaged in inequitable behavior (including fraud, deceit, unconscionability, or bad faith) related to the subject matter of that party's claim.
An equitable defense that bars relief to a party who has engaged in inequitable behavior (including fraud, deceit, unconscionability, or bad faith) related to the subject matter of that party's claim.