First off, it is important to understand the timeline in which a lawsuit must be filed and completed. The process of an Arizona personal injury lawsuit is unique to each case, which is why having a lawyer can become crucial.
Below lists the general process of a civil lawsuit, in simple terms. Damages can be subdivided into two categories: economic and non-economic. Economic : Monetary compensation can cover the cost of medical expenses, bills, income due to inability to work, and repairing damages of elements involved in an accident like your car. Non-economic : General damages that make up non-economic damages include physical pain and suffering, any type of impairment, mental anguish, and lowered quality of life.
When filing the complaint the court has required information to be included in the complaint. The complaint is the document where you outline the things that the defendant has done that resulted in you being harmed in some way and the reason why you are filing the civil lawsuit. You also include why the particular court you are submitting the complaint to has jurisdiction to hear the grievances being brought forth.
The Arizona Revised Statutes and Arizona Rules of Civil Procedure state that in civil cases where the amount being asked for does not exceed a certain level, the case must be referred to Compulsory Arbitration. At the time a complaint is filed, you must file a separate statement with the Court indicating whether the case is subject to arbitration. The Pima County Superior Court website outlines the reason for mandatory arbitration.
On appeal, the case returns to the trial judge, and it proceeds to trial, either before a jury or the judge. This application for default is also mailed to the defendant and they have a certain amount of time to respond to it as well.
You must also include any witnesses you would call at trial. Statewide Paralegal is a complete case management legal document preparation service.
We are certified by the Arizona Supreme Court. Leave space for it, and the clerk will fill it in. Since this is the initial filing in the lawsuit, you would write "Complaint. Write your introductory paragraph. You should begin your complaint by identifying yourself and the person you're suing, and giving a brief explanation of the reason you're suing them.
When you name the defendant, make sure you use his or her full legal name. Since Arizona is a community property state, if you are suing someone who is married you also must include his or her spouse's name — even if the spouse had nothing to do with your claim.
Otherwise you'll be unable to collect your judgment if you win your case. If you're filing in federal court, you must begin your complaint with a jurisdictional statement explaining how that court has subject matter and personal jurisdiction over your lawsuit. Set forth your claims in numbered paragraphs. The law that provides the basis of your claim gives you each element you must prove to win your case. Those elements can be used as an outline for your complaint. For example, if you were suing for breach of contract, your complaint should include allegations that a valid contract existed between you and the defendant, that the contract's terms were breached, and that you suffered damages as a result of that breach.
If you're filing in justice court, the complaint form is more simplified and only requires a brief statement of the facts upon which the court's jurisdiction and venue depends, a showing of your legal entitlement to relief from the court, and a demand for that relief from the court. Describe your damages. If you're asking the court to award you monetary damages, you should list a specific amount along with a brief explanation of how you arrived at that number or the losses you've sustained for which that money will compensate you.
Close your complaint with a brief statement asking the court to award the damages you've listed and any other relief the judge feels proper under the facts of the case. Create your signature block. All complaints must be signed by the person filing them.
If you are represented by an attorney, both you and the attorney must sign the complaint. Leave space and a blank line for your signature. Underneath the line, type your full legal name and include contact information such as your address and phone number. You also may include your email address if you want it to be used for communication about the case.
Complete any other forms. The clerk of the court where you're filing your complaint will be able to tell you if there are any other forms such as a civil cover sheet that the court requires. For example, in addition to your summons and complaint you might also need to include a cover sheet. A cover sheet provides the name and contact information for the parties in the case and a summary of the issues being decided.
Part 3. Sign your forms. Depending on the court and the type of lawsuit you're filing, you may have to sign your complaint in the presence of the court clerk or in front of a notary public.
Typically the court requires your signature to be in blue or black ink. Fill out your summons. The summons tells the court how you're delivering a copy of the complaint to the defendant, and generally must be completed on the same day you file your complaint and initiate the service process.
The clerk will have a form you can use for your summons, which looks the same regardless of what kind of civil lawsuit you file. Each type of court has its own form, however, so make sure you're using the summons for the court in which you're filing your lawsuit. The summons or certificate of service, whichever is used, must be signed and dated the same day you expect to have your complaint served on the defendant.
Make copies of all your documents. After you've completed all your documents, you must make at least two copies — one for your own records and one for the defendant — before you file the originals with the court. If you're suing more than one person or business, you'll need a copy for each of them.
In lawsuits to recover on an assigned debt, the identity of the original owner of the debt. A short and clear statement of the factual basis of each claim. Each claim must show that the party has a right to relief from the court. A demand that the court award money or another type of remedy allowed by law.
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