Arizona Complaint for Damages and Declaratory Judgment

State:
Multi-State
Control #:
US-01605
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.
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FAQ

Dollar Amount Limits The justice courts have exclusive jurisdiction (authority) to hear all civil actions when the amount involved is below $10,000 not including interest, costs and awarded attorney fees. Parties with claims for less than $3,500 should consider filing in the Small Claims division of justice court.

The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.

If you wish to file a lawsuit for an amount over $3,500, but less than $10,000, you may file a civil lawsuit in the justice court. If you wish to sue for more than $10,000, you must file your lawsuit in the superior court.

A plaintiff representing herself may obtain and fill out a prepared Complaint form from the Clerk of the Court at the courthouse or online at each county court website or by visiting . The Complaint must be filed with the Clerk of the appropriate court.

Disputes involving amounts greater than $10,000 must be filed in the superior court.

Filing Fees TypeCurrent FeesCivil Complaint and Summons$101.00Answer to Civil Complaint$68.00Small Claims Complaint$53.00Answer to Small Claims Complaint$43.0012 more rows

For example, a policyholder believes that their denied claim is unjust. As a result, they inform the insurer that they are considering a lawsuit to recover losses. The insurer seeks a declaratory judgment to clarify its rights and obligations with hopes of preventing the lawsuit.

In Arizona, declaratory judgments are governed by state law. They can be used in a variety of legal contexts, such as: Disputes over contract interpretation or validity. Questions of insurance coverage or liability.

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Arizona Complaint for Damages and Declaratory Judgment