Arizona Motion To Dismiss Form For Lack Of Standing

State:
Arizona
Control #:
AZ-DR-4-AI
Format:
Word; 
Rich Text
Instant download

Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion for Dismissal, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s).

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FAQ

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.

?Generally, service of process must be made by a sheriff, a sheriff's deputy, a constable, a constable's deputy, a private process server certified under the Arizona Code of Judicial Administration §7-204 and Rule 4(e), or any other person specially appointed by the court.

?Insufficient service of process? differs from the defense of ?insufficient process? in that insufficient service of process refers to a defect in how the paperwork was served on the responding party.

Rule 7.1 - Motions (a) Requirements. (1)Generally.An application to the court for an order must be by motion which, unless made during a hearing or trial, must be in writing, state with particularity the grounds for granting the motion, and set forth the relief or order sought.

The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.

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Arizona Motion To Dismiss Form For Lack Of Standing