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Motion For Declaratory Judgment Sample In Phoenix

State:
Multi-State
City:
Phoenix
Control #:
US-000279
Format:
Word; 
Rich Text
Instant download

Description

This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.

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FAQ

They are generally requested when a lawsuit is threatened but before the lawsuit is actually filed, when a conflict might exist between a party's or parties' rights under law or under contract and as a way to prevent multiple lawsuits from the same plaintiff.

They are generally requested when a lawsuit is threatened but before the lawsuit is actually filed, when a conflict might exist between a party's or parties' rights under law or under contract and as a way to prevent multiple lawsuits from the same plaintiff.

To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.

41-1034 - Declaratory judgment. A. Any person who is or may be affected by a rule may obtain a judicial declaration of the validity of the rule by filing an action for declaratory relief in the superior court in Maricopa county in ance with title 12, chapter 10, article 2.

Declaratory Relief is a legal procedure designed for those seeking “preventive justice.” Specifically, its purpose is to “set controversies at rest before they lead to repudiation of obligations, invasions of rights or commissions of wrongs.” It is a vehicle to allow a presumptive defendant or respondent take ...

An example of a declaratory judgment in an insurance situation may occur when a policyholder and an insurer disagree about whether a particular claim is covered under the insurance policy. For instance, suppose a homeowner files a claim with their insurance company for damages to their home caused by a storm.

To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.

12-514 - Civil action arising from sexual conduct or sexual contact committed against a minor; failure to report; statute of limitations; definitions.

12-523 - Real property in adverse possession under title or color of title; three year limitation. A. An action to recover real property from a person in peaceable and adverse possession under title or color of title shall be commenced within three years after the cause of action accrues, and not afterward.

More info

A declaratory judgment is a legal tool that allows a court to make a statement or ruling on a legal issue or dispute without necessarily awarding damages. STEP 1: USING BLACK INK ONLY, Fill out the "Civil Cover Sheet." ▫ Write in "Maricopa" as the county. Court Forms and Instructions. Completing the Forms. These rules govern the procedure for obtaining a declaratory judgment. The existence of another adequate remedy does not preclude a declaratory judgment. This form is available on Westlaw. Easily search more than 600,000 legal forms to find the exact form you need.

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Motion For Declaratory Judgment Sample In Phoenix