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Motion of Defendant to Quash Service of Process

Arizona Motion of Defendant to Quash Service of Process

Category:

Civil Procedure - Service of Process

State:

Multi-State

Control #:

US-01914BG

Format:

Instant download

Description

A defendant may object to lack of jurisdiction over the person because of defects in the form or contents of process or in the service of the process by a Motion to Quash or a motion or set aside the process or service of the process. The defense of insufficiency of process or insufficiency of service of process may, at the option of the pleader, be raised either in the responsive pleading or by motion. A motion making these defenses must be made before pleading (e.g., answering the complaint).

This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form 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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How to fill out Motion Of Defendant To Quash Service Of Process?

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FAQ

Rule 4.1 - Procedure upon Arrest (a)Prompt Appearance Before a Magistrate. An arrested person must be promptly taken before a magistrate for an initial appearance.

Rule 4.2(e). In an action involving operation of a motor vehicle in this state, a nonresident minor, insane or incompetent person may be served in the manner provided by A.R.S. §§ 28-2321 through 28-2327 for service upon a nonresident in such cases as if that person were sui juris.

Applicants must pass a written examination. A private process server or specially appointed person shall be not less than twenty-one (21) years of age and shall not be a party, an attorney, or the employee of an attorney in the action whose process is being served.

A defendant who, before being served with process, timely returns a waiver need not serve an answer or otherwise respond to the pleading being served until 60 days after the request was sent, or 90 days after it was sent if it was sent outside any judicial district of the United States.

Rule 4.1 - Service of Process Within Arizona (a)Territorial Limits of Effective Service. All process-including a summons-may be served anywhere within Arizona. (b)Serving a Summons and Complaint or Other Pleading. The summons and the pleading being served must be served together within the time allowed under Rule 4(i).

Rule 4 - Filing Documents with an Appellate Court; Format; Service (a)Caption. The first page of every document filed with an appellate court must contain a caption. The caption must contain the information shown in: (1) Form 4, for briefs. (2) Form 3, for other documents.

¶ 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 45(c) of the Arizona Rules of Civil Procedure protects a person subject to a subpoena from undue burden or expense. Rule 45(c) says in part: 1. If the requesting party fails to comply with this requirement, sanctions may include lost earnings and a reasonable attorneys' fee.

Arizona Motion of Defendant to Quash Service of Process

Description

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Arizona Motion of Defendant to Quash Service of Process

Description

Related forms

Viewed forms

How to fill out Motion Of Defendant To Quash Service Of Process?

Form popularity

FAQ

What is Rule 4.1 of criminal procedure in Arizona?

What is Rule 4.2 of the Arizona Rules of Civil Procedure?

What are the rules for process servers in Arizona?

What is the rule 4.2 in Arizona?

What is the rule 4.1 service of process within Arizona?

What is the rule 4 of the Arizona Rules of Civil appellate Procedure?

What is the rule 20 motion in Arizona?

What is Rule 45 of the Arizona Rules of Civil Procedure?

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