Arizona Motion of Plaintiff Requesting Court to Reconsider an Order and Notice of Motion to Defendant

State:
Multi-State
Control #:
US-01055BG
Format:
Word; 
Rich Text
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. A motion may be directed strictly to a procedural defect or matter. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion of Plaintiff Requesting Court to Reconsider an Order and Notice of Motion to Defendant
  • Preview Motion of Plaintiff Requesting Court to Reconsider an Order and Notice of Motion to Defendant

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FAQ

The court may vacate the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment. The relief, if granted, must be limited to the question or questions found to be error, if separable.

Persons may join in one action as plaintiffs if: (A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and (B) any question of law or fact common to all plaintiffs will arise in the ...

Rule 50(b) allows the court to reserve decision on the question of law until after the case has been submitted to the jury and it has reached a verdict or is unable to agree. If the court decides the initial motion should have been granted, it may set aside the verdict of the jury and enter judgment as a matter of law.

¶ 6 Arizona Rule of Criminal Procedure 20(a) provides that on a defendant's motion or its own initiative, a trial court ?shall enter a judgment of acquittal? before the verdict ?if there is no substantial evidence to warrant a conviction,? and that ?[t]he court's decision on a defendant's motion shall not be reserved, ...

Rule 48 - Stipulations on Jury Size and Verdict (a) Jury Size. The parties may stipulate to a jury of fewer than 8 but not fewer than 3 members, exclusive of any alternate jurors who are permitted to deliberate. (b) Verdict.

Under Rule 11, the defendant has the right to a full mental examination and hearing when reasonable grounds exist for it. A Rule 11 hearing may be held when a defendant is suspected of being mentally incompetent. This hearing is granted when there is substantial evidence of mental incompetence.

A motion for reconsideration must state with particularity the points of law or fact that the party believes the appellate court has erroneously determined, or any changes in the law after briefing or oral argument that may entitle the party to relief.

Rule 25 - Substitution of Parties (a)Death. (1)Substitution if the Claim Is Not Extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. Any party or the decedent's successor or representative may file a motion to substitute.

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Arizona Motion of Plaintiff Requesting Court to Reconsider an Order and Notice of Motion to Defendant