This form is a sample motion to dismiss filed by the defendant seeking to have plaintiff's cause of action dismissed for failure to state a claim upon which relief may be granted.
Arizona Motion to Dismiss - Personal Injury
State:
Multi-State
Control #:
US-PI-0313
Format:
Word;
Rich Text
Instant download
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Public form
Description
How to fill out Motion To Dismiss - Personal Injury?
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FAQ
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.
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.
Civil Rule 56 Rule 56(b): This section sets the earliest that a motion can be filed: by a claimant, 20 days from service, but no sooner than the date that the answer is due, or after service of a 12(b)(6) or MSJ by the adverse party; and by any other party, at any time after the action is commenced.
The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
Rule 55 - Default; Default Judgment [Effective until January 1, 2024] (a)Entering a Default (1)Generally. If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided in these rules, default may be obtained under the procedures set forth in this rule.
Rule 54(b) applies when a judgment has been entered ?as to one or more but fewer than all of the claims or par- ties.? So if a party has been dismissed with a dispositive motion, or if one of the claims is knocked out, but other parties or claims remain alive in the action, Rule 54(b) language must be included in the ...
Voluntary and Involuntary Case Dismissals Most commonly, a defendant will file a motion to dismiss if they believe there is a lack of evidence, improper jurisdiction, a breach of the statute of limitations or if they believe the other party is not complying with a court order.
The statute of limitations in Arizona is set at two years for all personal injury claims.