CIVIL PROCEDURE HOW A LAWSUIT WORKS

If you have been wronged and you have a civil cause of action or if you have been served with notice of a civil lawsuit against you, this fact sheet details the basic procedure for lawsuits filed in Arizona State courts. Lawsuits filed in Federal court (called District court in Arizona) follow basically the same format, but some of the rules and time limits are different. This information sheet only discusses the procedure for civil cases filed in State courts. A civil lawsuit is any cause of action that is not criminal and typically encompasses contract disputes, collections and personal injury. Non-lawyers may represent themselves or file their own lawsuits, but they are still required to follow the same rules as attorneys.

WHERE SHOULD THE CASE BE FILED

One of the first decisions that need to be made after you have decided to file a lawsuit is where should the case be filed. There are three primary options in Pima County: Small Claims Court, Justice Court and Superior Court. Small Claims Court is located at Justice Court and hears any matter that is valued for under $2,500. Attorneys may not represent clients in Small Claims Court unless the attorney is representing him or herself. As a general rule, Justice Court has jurisdiction over any matter that is valued at under $5,000, not including attorneys fees. Superior Court generally has jurisdiction over any matter valued at over $5,000. In Superior Court, any matter that is valued under $30,000 is subject to compulsory arbitration prior to trial and a certificate certifying the case for arbitration must be filed with the Summons and Complaint.

FILING THE COMPLAINT

When you decide to file a lawsuit, the first thing you must do is file a Complaint. A Complaint is basically a listing of the facts, a description of why the court has the power to hear the case, the harms sustained by the Plaintiff (the person filing), and the relief or damages sought. A Summons stating the time in which the Defendant has to answer the allegations contained in the Complaint needs to be issued by the court for each Defendant named in the Complaint. There is a fee for filing with both courts. If you file in Small Claims Court or Justice Court, there are preprinted Summons and Complaint forms available at Justice Court, which is located at 115 N. Church Avenue, 2nd floor.

After the Court has issued the Summons and the Complaint has been filed, the Summons and the Complaint must be served on each of the Defendants. There are various ways to serve Defendants, but the easiest way is to hire a process server through a messenger service. The Summons and Complaint must be served within 120 days from the date of filing the Complaint or the action may be dismissed.

AFTER SERVICE OF THE SUMMONS AND COMPLAINT

Each Defendant has 20 days from the date of service to file an Answer to the Complaint unless the Defendant is located out of state. If he, she or it, is located out of state, there is a 30- day deadline for filing an Answer. There is a fee for filing the answer. The Defendant needs to file the Answer with the court and send a copy of it to Plaintiffs counsel or, if Plaintiff does not have counsel, then to the Plaintiff directly.

INITIAL DISCLOSURE STATEMENT

Forty (40) days from the date the Defendant files his/her Answer each party must file an Initial Disclosure Statement with the other party. In Small Claims and Justice Courts the Clerk of the Court will typically issue and Order stating when the Initial Disclosure Statement is due. The Initial Disclosure Statement is not filed with the court, but a Notice of Disclosure is filed with the court. The Initial Disclosure Statement must contain all the categories detailed in Arizona Rules of Civil Procedure 26.1. Basically, the Initial Disclosure Statement contains the factual and legal basis for the case and the documents and witnesses each party has to support his, her or its position. In Arizona, the idea is each party should know precisely what the other partys arguments, theories and evidence is prior to trial. In short, there are no surprises at trial like there are on lawyer television shows. Parties have a continuing duty to disclose information to each other, as it becomes available.

DISCOVERY

At any time after the Answer is filed (and sometimes before), parties may make use of three types of discovery to find evidence to bolster their case and determine what witnesses and evidence the parties want to use. The three types of discovery are: depositions; requests for production of documents or things; and interrogatories. In a deposition, one party can question a witness or opposing party under oath to gain information about the case. Requests for production of documents or things are exactly that. A party may request that a particular person or party with information produce it for review. Interrogatories are written questions that may be served on one party by the other. There are various limits and requirements to the different types of discovery depending on the court where the case is filed.

MOTION TO SET AND CERTIFICATE OF READINESS

At the time a party feels that there has been enough discovery to set the matter for trial that party may do so by filing a Motion to Set and Certificate of Readiness. The opposing party may either object or allow the trial to be set. If the matter is subject to compulsory arbitration, the matter is automatically set for arbitration instead of trial. If, after the arbitration, a party wants to appeal the arbitrators decision, then that party may set the matter for a trial. In Justice Court, the Clerk of the Court typically issues an Order stating when the trial is set without the filing of a Motion to Set.

MOTIONS

Throughout the discovery and preparation time for a case parties may file motions regarding various matters. A party must send a Notice of Hearing to the court and opposing parties if an oral argument is requested. Parties typically have 10 days (not including weekends or holidays) to respond to a motion. All motions must be filed with the court.

Disclaimer

This fact sheet is meant only as a general description of the current laws as of the date of the writing. They are not exhaustive and are intended to be only an overview. Many issues may appear simpler than they are, and one should always contact an attorney to obtain a complete, accurate interpretation of the law given the individual circumstances. Thompson Klausner Law Group, p.c. makes no representations as to how the law would affect a particular situation and intends only to illustrate areas of concern and give information.

© 2000, Thompson Law Group, P.C.

Lisa C. Thompson, Esq.
Thompson Law Group, P.C.
2321 E. Speedway Blvd.
Tucson, Arizona 85719 - USA
www.thompsonlawgroup.com
(520) 882-5633  Fax: (520) 745-0616