Arizona Sample Letter regarding Amended Complaint
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How to fill out Sample Letter Regarding Amended Complaint?
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FAQ
First, you need to provide contact information in the top left of the answer form. The court and plaintiff will mail important information to this address. Then, complete the caption. The caption is the heading of the document that identifies the court, the parties, and the case number.
In civil cases, Rule 7.1 of Arizona Rules of Civil Procedure states that the opposing party shall file any answering memorandum within ten (10) days after the motion was filed and served.
If the defendant didn't file a response by the deadline, the next day you can ask the court to end their chance to respond and to rule in your favor. This is called asking for entry of a default. You should file this within 10 days after the deadline to respond passed. California Rules of Court 3.110(g).
Format your documents properly and include all required information. Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or ?serve?) one to the plaintiff or plaintiff's attorney.
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.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
If a Plaintiff wishes to amend a Complaint after the 21 day as a matter of course period, she must either a) get the defendant to agree to the amendment, or b) file a motion with the Court to get permission. In Arizona, courts are instructed to freely grant these requests where justice requires.
If the defendant fails to file an answer or otherwise respond within 20 days of service, the plaintiff must initiate default proceedings as described in Rule 140 of the Justice Court Rules of Civil Procedure.
