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Justice Court Rules of Civil Procedure: Table of Contents Part I

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Justice Court Rules of Civil Procedure: Table of Contents Part I Justice Court Rules of Civil Procedure w/ Table of Contents Draft Rules 101 through 150: version.09.23.11.clean Justice Court Rules of Civil Procedure: Table of Contents Part I: General provisions. Rule 101: Application and interpretation. Rule 102: Duties of a party. Rule 103: Conducting a lawsuit. Part II: The parties to a lawsuit. Rule 104: Naming the parties. Rule 105: Substitution of parties during a lawsuit. Rule 106: Third party practice; intervention; interpleader. Part III: Presenting claims and defenses in a lawsuit; filing documents with the court; signatures. Rule 107: Definition of “pleading”; interpretation of pleadings. Rule 108: Preparing documents for filing with the court. Rule 109: Signatures on documents filed with the court. Part IV: Starting a lawsuit: the complaint, the summons, and service of the lawsuit. Rule 110: Lawsuits involving multiple parties or multiple claims. Rule 111: Filing a complaint with the court; content of the complaint; case number and filing date. Rule 112: Issuance of the summons by the court clerk; content of the summons; notice to defendant; replacement summons. Rule 113: Service of the summons and complaint. Part VI: Responding to a lawsuit. Rule 114: Deadline for filing a written response with the court after service of a complaint, or after service of a third party complaint, cross-claim or counterclaim. Rule 115: How to calculate time. Rule 116: Filing a response to a complaint. Rule 117: Counterclaims and cross-claims. Rule 118: Third-party complaint. Rule 119: Amended and supplemental pleadings. Rule 120: Service of documents on other parties after the summons and complaint. VI. Settlement conference and pretrial conference. Rule 121: Settlement conference. Rule 122: Pretrial conference. Page 1 of 41 Justice Court Rules of Civil Procedure w/ Table of Contents Draft Rules 101 through 150: version.09.23.11.clean Part VII: Discovery. Rule 123: General provisions regarding discovery. Rule 124: Depositions upon oral examination. Rule 125: Interrogatories to parties. Rule 126: Request for production of documents, electronically stored information, and things; request for entry upon land for inspection and other purposes. Rule 127: Requests for admissions. Rule 128: Sanctions for discovery violations. Part VIII: Motions. Rule 129: Motions. Rule 130: Motion for summary judgment. Part IX: Trial. Rule 131: Requirements for trial. Rule 132: Pretrial motions regarding evidence. Rule 133: Trial by jury or to the court; question of foreign law; change of judge or disability of a judge during trial; verdict or decision. Rule 134: Procedure for jury trials. Rule 135: Findings in a trial to the court. Rule 136: Consolidated and separate trials. Rule 137: Witnesses. Rule 138: New trial. Part X: Judgment. Rule 139: Judgment. Rule 140: Entry of default; default judgment. Rule 141: Correcting or setting aside a judgment or an order. Rule 142: Stay of proceedings to enforce a judgment. Rule 143: Harmless error. XI. Dismissal of lawsuits. Rule 144: Dismissal of lawsuits. XII. Special Proceedings. Rule 145: Civil arrest warrant. Rule 146: Deposits with the court; proceedings against sureties. Rule 147: Enforcement of a judgment or order XIII. Forms and Tables. Rule 148: Forms. Tables. Page 2 of 41 Justice Court Rules of Civil Procedure w/ Table of Contents Draft Rules 101 through 150: version.09.23.11.clean Part I: General provisions. Rule 101: Application and interpretation. a. Application of these rules. These rules apply to civil lawsuits in justice courts in Arizona. These rules do not apply to evictions, small claims, civil traffic or civil boating proceedings, or to protective orders or injunctions against harassment in justice courts. b. Interpretation of these rules. These rules shall be interpreted so that civil lawsuits are resolved speedily, inexpensively, and justly. c. Title of these rules. These rules shall be known and cited as the Justice Court Rules of Civil Procedure (“JCRCP”). d. Relationship of these rules to the Arizona Rules of Civil Procedure. These rules replace the Arizona Rules of Civil Procedure. In addition, certain Arizona Rules of Civil Procedure that are specifically referred to in these rules also apply in justice courts. Arizona Rules of Civil Procedure that have been incorporated by reference are listed in Table 1. Rule 102: Duties of a party. a. Meaning of “party” and “person”. Everyone who makes a claim in a lawsuit or who is required to file a written response to a claim is a “party”. A “person” includes a business or an organization. b. Duties of a party. A party has the following duties to the court and to the other parties in a lawsuit: (1) To provide copies of filed documents. A party has a duty to provide to other parties a copy of every document the party files with the court; see further Rule 120. (2) To provide disclosure and discovery. A party has a duty to comply with disclosure requirements and discovery requests; see further Rules 122 through 128. (3) To appear in court. A party has a duty to attend all scheduled court proceedings; see further Rules 121, 122, and 132. A party who is represented by an attorney may appear in court through the attorney, unless otherwise ordered by the court. (4) To provide a current address and telephone number. Until the lawsuit is concluded, a party is required to advise the court in writing of any change in the party’s mailing address or telephone number. (5) To give notice of settlement. A party is required to notify the court if a lawsuit that is set for trial has settled before the trial date, and whether the settlement will be by entry of a judgment or by dismissal of the lawsuit. Page 3 of 41 Justice Court Rules of Civil Procedure w/ Table of Contents Draft Rules 101 through 150: version.09.23.11.clean c. Duties of parties representing themselves. Parties who represent themselves have a duty to read these rules and to know the rules that apply to their lawsuit. d. Duties of attorneys. An attorney who appears in a civil lawsuit in justice court, or who requests permission to withdraw or to substitute as counsel, must meet the requirements of Rule 5.1 of the Arizona Rules of Civil Procedure concerning appearances, withdrawal, and substitution. Rule 103: Conducting a lawsuit. a. Conduct in court. Parties and witnesses who appear in court must conduct themselves in an orderly, courteous, and dignified manner. Arguments and remarks during a court hearing, other than questions to a witness, must generally be addressed to the court, not to the other parties or their attorneys. b. Exclusion of minors. The court may exclude from the courtroom children whose presence is not necessary as parties or witnesses. c. Agreements between parties. During a lawsuit, parties or attorneys will not be bound by an agreement unless the agreement is in writing and has been signed by the parties, or unless the agreement has been made orally in court upon the record if a record is made, or is entered in the written records of the court. d. Lost or destroyed records. If the court’s record of a lawsuit or any portion of a lawsuit has been lost or destroyed, a substitute record may be supplied as provided by Rule 80(h) of the Arizona Rules of Civil Procedure. Part II: The parties to a lawsuit. Rule 104: Naming the parties. a. “Plaintiff” defined; multiple plaintiffs. A plaintiff is the party who files a lawsuit. There can be more than one plaintiff in a lawsuit if each plaintiff makes a claim concerning the same transaction(s) or event(s). Each plaintiff must be a “real party in interest,” that is, someone who claims to have been damaged or whose rights are in dispute. b. “Defendant” defined; multiple defendants; defendants’ names. A defendant is the party who is sued in a lawsuit. More than one defendant may be named in a single lawsuit if the claim involves the same transaction(s) or event(s), and if the lawsuit will involve an issue that applies to all defendants. A complaint must state the proper name of each defendant. If the name of a defendant is not known, the complaint may identify this defendant by a fictitious name, and the complaint may be amended when that defendant’s true name becomes known. This paragraph also applies to defendants in a third-party complaint. Page 4 of 41 Justice Court Rules of Civil Procedure w/ Table of Contents Draft Rules 101 through 150: version.09.23.11.clean c. Other situations. Lawsuits by or against any of the following are governed by Rule 17 of the Arizona Rules of Civil Procedure: partnerships, executors, administrators, guardians, trustees, a personal representative, a bailee, a city, town, or county, or a surety, assignor, endorser, minor (child), an incompetent person, or a person authorized by a statute to sue for the benefit of another person. d. “Necessary” and “indispensable” parties. If a person who is not a party to the lawsuit is "necessary" for a fair and proper hearing of the lawsuit as determined by Rule 19(a) of the Arizona Rules of Civil Procedure, then upon motion of any party the necessary person shall be made a party, served with the lawsuit, and required to participate in the lawsuit. If a person described in Rule 19(a) of the Arizona Rules of Civil Procedure cannot be made a party for any reason, then the court will use the factors in Rule 19(b) of the Arizona Rules of Civil Procedure to determine if the absent party is "indispensable", or whether the lawsuit should proceed with only the current parties. If a party who is found to be “indispensible” cannot be added to the lawsuit, the court shall dismiss the lawsuit.
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