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Declaratory Judgment Filed Within In Arizona
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Following a good faith effort to resolve a discovery issue, either party may file a notice of failure to comply with discovery rules, which shall include a statement that an attempt was made to resolve the issue. A hearing, which may be telephonic, shall be held within five (5) days of the date the notice is filed.
The court shall grant summary judgment if the moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application for default judgment at least 3 days before the hearing. The notice must include the date, time, and place of the hearing.
Under the new iteration, the sanction will be calculated as “twenty percent of the difference between the amount of the offer and the amount of the final judgment.” Thus, for example, if a defendant offeree rejects an offer of judgment for $100,000, and final judgment is rendered against it for $300,000, the offeree ...
Determination that a four-year statute of limitations applies to his unjust enrichment claim. See A.R.S. § 12-550.
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.
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
These rules govern the procedure for obtaining a declaratory judgment. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. The court may order a speedy hearing of a declaratory judgment action.
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.
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.