Motion To Strike With Prejudice In Pima
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A party may file a motion that requests the court to clarify a ruling if the ruling is confusing or is susceptible to more than one reasonable interpretation.
Arizona has some of the most restrictive sentencing laws in the country, with every person who is incarcerated required to serve a minimum 85 percent of his or her sentence— regardless of good behavior.
Rule 83 (Altering or Amending a Judgment). If the Court changes it's ruling pursuant to a Rule 83 motion, an appeal may not be necessary. The Rule sets forth the procedures and time limitations for filing such a motion and responding to such a motion.
Rule 83 - Altering or Amending a Judgment. Rule 84 - Motion for Clarification. Rule 85 - Relief from Judgment or Order. Rule 86 - Harmless Error. Rule 87 - Stay of Proceedings to Enforce a Judgment.
Unless made at trial or an evidentiary hearing, a motion to strike may be filed only if it is expressly authorized by statute or other rule, or if it seeks to strike any part of a filing or submission on the ground that it is prohibited, or not authorized, by a specific statute, rule, or court order.
If a decision or judgment adjudicates fewer than all claims and liabilities of a party, a motion for fees must be filed no later than 20 days after any decision is filed that adjudicates all remaining claims in the action, or 20 days after the action's dismissal, whichever occurs first. (4) Motion and Proceedings.
What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.
Every matter submitted for determination to a judge of the superior court for decision shall be determined and a ruling made not later than sixty days from submission thereof, in ance with Section 21. Article VI of the Arizona Constitution.
Motion to Strike Example Plaintiff supermarket alleges it has a contract with its subtenant (say, a bank or a coffee shop), the landlord knew of the contract and induced the subtenant to breach its sublease with plaintiff to take open retail space owned by the landlord in the same shopping center as the supermarket.
A case is dismissed with prejudice when the defect cannot be remedied because, for example, the claim has no basis in law, and it is permanently dismissed. (That does not mean that you can't bring an appeal to challenge the trial judge's decision.)
