A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion for Dismissal, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s).
Phoenix Arizona Motion for Dismissal
Category:
State:
Arizona
City:
Phoenix
Control #:
AZ-DR-4-AI
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Arizona Motion For Dismissal?
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FAQ
Generally, your Summons and Complaint must be served within 90 days after you file the Complaint. (ARCP 4(i)) If you fail to serve the Defendants within 90 days, your Complaint will be dismissed.
Time to respond after service of a summons and complaint. Except as otherwise stated in these rules, a defendant who is served with a summons and complaint within the State of Arizona must file a written answer or response with the court within twenty (20) days after the date of service.
Fortunately, in Arizona, there are time limits for re-filing misdemeanor charges after dismissal without prejudice. The state has up to one year from the date of the offense or six months from the date of dismissal, whichever is longer, to re-file the charges.
A dismissed case means that a lawsuit is closed with no finding of guilt and no conviction for the defendant in a criminal case by a court of law. Even though the defendant was not convicted, a dismissed case does not prove that the defendant is factually innocent for the crime for which he or she was arrested.
A dismissed case will still be entered onto the defendant's criminal record, however, and could be reopened in the future depending on the circumstances. If you are facing criminal charges in Arizona but your case gets dismissed, you are free to go until and unless someone reopens the case.
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
