Arizona Sample Letter for Motion to Extend Time for Service of Process

State:
Multi-State
Control #:
US-0776LTR
Format:
Word; 
Rich Text
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Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

Dear [Recipient's Name], I hope this letter finds you well. I am writing to request an extension of time for the service of process in the matter of [Case Name], currently pending in [Court Name]. Due to unforeseen circumstances and in order to ensure proper service, I respectfully request an extension of [number of days] to complete the service of process on the defendant(s) named in the lawsuit. The additional time will allow us to diligently pursue all available avenues for effective service. Under Arizona law, Rule [Applicable Rule Number] of the Arizona Rules of Civil Procedure outlines the provisions for requesting the court's permission to extend the time for service of process. We believe that the circumstances of this case warrant such an extension in order to avoid any potential dismissal without prejudice and to promote the overall interest of justice. In support of our motion, we provide the following reasons for the request: 1. Diligent Efforts: We have been proactively making diligent efforts to effectuate service in a timely manner. However, due to [explanation of reasons for delay], we require additional time to properly serve the defendant(s). 2. Complexity of Service: The nature of this case involves complexities that have presented challenges in locating and serving the defendant(s). These complexities include [describe specific complexities, such as multiple individuals involved, various addresses, or difficulties in locating the defendant(s)]. 3. Good Faith: We have acted in good faith throughout this process, taking all necessary and reasonable steps to effectuate service while adhering to the requirements of the court. Our request for an extension is not intended to delay the proceedings unjustly but rather to ensure proper service and fair resolution of the dispute. 4. No Prejudice to Defendant(s): Granting this extension will not accrue any prejudice to the defendant(s). The defendant(s) will have ample time to respond to the complaint and prepare a defense once properly served. We kindly ask the court to grant our motion for an extension of time for service of process by [number of days requested]. We assure you that all necessary steps will be taken during this extended period to complete service and provide proof of such service promptly. Thank you for your attention to this matter. Should the court require any further information or additional documentation, please do not hesitate to contact us. We appreciate your consideration and understanding in granting this extension. Sincerely, [Your Name] [Your Law Firm] [Address] [Phone Number] [Email Address] Other types of Sample Letters for Motion to Extend Time for Service of Process in Arizona: 1. Sample Letter for Motion to Extend Time for Service of Process in a Family Law Case 2. Sample Letter for Motion to Extend Time for Service of Process in a Probate Case 3. Sample Letter for Motion to Extend Time for Service of Process in a Civil Case 4. Sample Letter for Motion to Extend Time for Service of Process in a Small Claims Case.

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FAQ

(1) Generally. A party seeking reconsideration of a court order or ruling may file a motion for reconsideration. (2) Procedure. All such motions, however denominated, must be submitted without oral argument and without the filing of a responsive or reply memorandum, unless the court orders otherwise.

Rule 84 - Motion for Clarification [Effective January 1, 2024] (a)Grounds. A party may file a motion that requests the court to clarify a ruling if the ruling is confusing or is susceptible to more than one reasonable interpretation.

If a defendant is not served with process within 90 days after the complaint is filed, the court--on motion, or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time.

Rule 4.2(c) states: ?the party may serve the person by mailing the summons and a copy of the pleading being served to the person at that address by any form of postage-prepaid mail that requires a signed and returned receipt.? Once the filing party receives the signed, return receipt, he or she must file an affidavit ...

Unless a specific rule states otherwise, an opposing party must file any responsive memorandum within 10 days after the motion and supporting memorandum are served; and, within 5 days after a responsive memorandum is served, the moving party may file a reply memorandum, which may address only those matters raised in ...

There must be a showing of good cause for the continuance to be granted. Do not assume your motion to continue was granted just because you filed a motion. Your court date is still valid unless you have received a decision by the Judge in your case to allow it to be continued.

Motions must be in writing unless made during a hearing or trial. AZ D LRCiv 7.2(a) (amended eff 12/1/17). The moving party must serve and file with the motion's papers a memorandum setting forth the points and authorities relied upon, unless ordered by the court. AZ D LRCiv 7.2(b) (amended eff 12/1/17).

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USE THIS FORM ONLY if you have received a notice from the court telling you that your case will be dismissed because you have not served the other party and ... Yes, you can file the Motion for extension of time yourself. You can file the motion in a letter format. You can send the letter to the judge requesting ...Step 7: Write in a specific calendar date (month, date, and year) that you want to be the new dismissal date, based on how many additional days you. Aug 18, 2020 — This is respondents' first request for an extension of time to file a response. Good cause exists for the requested extension. I did not ... The Defendant must submit an affidavit (a written statement sworn to before a notary public) requesting the extension. Make sure you put the name of the case ... I. GENERAL ADMINISTRATION. Rule. 1. Scope of Rules. 2. Applicability of Other Rules. 3. Definitions. 4. Time. 5. Consolidation. 6. Change of Judge. Instructions: How to Fill Out the "Motion To Extend Dismissal Date" · Motion ... Instructions: How to Complete the Petition to Enforce a Court Order for Parenting ... by RL Kourlis · 2009 — ... example, motions to extend time to submit a schedule, file a stipulation of dismissal, serve process on a defendant, or submit supplemental authority. The very. Any paper after the complaint that is required to be served—must be filed no later than a reasonable time after service. But disclosures under Rule 26(a)(1) or ... Do NOT complete the Proof of Service portion of the summons form until service of process ... the consent from the other time, file the motion for extension of ...

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Arizona Sample Letter for Motion to Extend Time for Service of Process