Arizona Amended Complaint - Shopping Cart Injury

State:
Multi-State
Control #:
US-PI-0285
Format:
Word; 
Rich Text
Instant download
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Description

This form is a sample personal injury complaint seeking damages as a result of defendant's employee striking plaintiff with shopping cart.

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FAQ

(1) Generally. A party may serve process outside Arizona, but within the United States, in the same manner as provided in Rules 4.1(d) through (j). (2) Who May Serve. Service must be made by a person who is authorized to serve process under the law of the state where service is made.

However, a Plaintiff can file an amended complaint at any point in a case, even after the trial has concluded. 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.

Rule 41 - Motion to Dismiss (a) Request for Dismissal. A plaintiff may request the dismissal of a protective order at any time during the term of the order. (b) Verification of Identity. When a plaintiff files a motion to dismiss, court personnel must verify the plaintiff's identity.

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.

The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.

For example, if a plaintiff files a complaint but later discovers new evidence that supports their case, they can file a supplemental pleading to include that evidence. Another example is if a defendant files an answer but later learns of a new defense, they can file a supplemental pleading to add that defense.

The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would unfairly prejudice that party's claim or defense on the merits.

Unless excused from doing so by the party or attorney serving a subpoena, by a court order, or by any other provision of this Rule 45, a person who is properly served with a subpoena must attend and testify at the date, time, and place specified in the subpoena.

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Arizona Amended Complaint - Shopping Cart Injury