Notice Of Motion For Discovery In Maricopa
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FAQ
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.
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.
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.
What Is a Motion for Discovery? You or your lawyer may file a motion for discovery to request that the state produce evidence it plans to introduce at trial. Your lawyer needs to know the type of evidence the state will use against you at trial so that they can properly prepare for your case.
Under the discovery rule, a plaintiff's statute of limitations deadline will be extended if they are not aware of the injuries they suffered due to the defendant's fault, and they could not have reasonably discovered the injury.
A “motion to dismiss” is typically filed in response to a complaint and is made in lieu of filing an “answer.” Technically, a plaintiff can move to “strike” a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.
If you file a motion to strike, it must be in a stand-alone pleading that cannot exceed two pages. A response is due within five days, and the response also cannot exceed two-pages. Do not file a reply unless one is ordered. A motion to strike does not extend the deadline to file a responsive pleading.
File a response to the motion to strike. In your response, you should argue that your answer to the defendant's motion for summary judgment was not too long and that it added new information to the case. You should also argue that the defendant's motion to strike should be denied.
In the Rule 11 process, the Court orders two Mental Health Experts to meet with the defendant, conduct competency evaluations, review records, and render opinions on the legal competency status of the defendant in reports submitted to the Court.
Contact the Clerk of the Superior Court for the county in which the divorce was filed in. Divorce decrees filed before 1950 may be held by the Arizona State Archives, depending on the county. Contact the Clerk of the Superior Court for the county they were filed in.
