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Rule 144. Dismissal of Lawsuits

Arizona Revised Statutes AnnotatedJustice Court Rules of Civil Procedure

Arizona Revised Statutes Annotated
Justice Court Rules of Civil Procedure (Refs & Annos)
Part XI: Dismissal of Lawsuits
17B A.R.S. Justice Court Civ.Proc.Rules, Rule 144
Rule 144. Dismissal of Lawsuits
a. Application of this rule. This rule applies to a complaint, a counterclaim, a cross-claim, and a third-party complaint. [ARCP 41(a), (c)]
b. Voluntary dismissal before a response has been filed. A complaint or a third-party complaint may be dismissed by a notice that is filed by the plaintiff or by the third-party plaintiff at any time before a response has been filed under Rule 116. A counterclaim or a cross-claim may be dismissed before a response has been filed under Rule 117(e) by a notice filed by the claimant. [ARCP 41(a)]
c. Voluntary dismissal by agreement of the parties. A lawsuit may be dismissed upon the filing of a written agreement to dismiss that has been signed by all of the parties who have appeared in the lawsuit. A particular claim or claims in a lawsuit may be dismissed upon the filing of a written agreement to dismiss that has been signed by the parties to that claim or claims. [ARCP 41(a)]
d. Dismissal in other circumstances. Except as provided in sections (b), (c), and (e), a lawsuit or claim shall be dismissed only upon motion and by court order, and only on terms and conditions that the court determines are fair and proper. Dismissal of a complaint will not result in dismissal of a counterclaim unless agreed to by the parties. [ARCP 41(a)-(b)]
e. Dismissal for failure to conclude a lawsuit within ten months. If a final judgment has not been entered within ten (10) months from the date a lawsuit is filed, or if a party has not filed a written motion to extend the time for entry of judgment to a particular date, the court will mail a notice to the plaintiff and to any defendant who has appeared in the lawsuit informing them that unless this requirement is met within two (2) months from the date of mailing, the court will dismiss the lawsuit for failure to have judgment timely entered. If the requirement has not been met within two (2) months from the mailing of the court's notice, the court may dismiss the lawsuit without further notice to the parties. [ARCP 38.1(d), 41(b)]
f. Dismissal without prejudice. A dismissal without prejudice means that a claim may be refiled if all other legal requirements, including statutes of limitation, have been met. A dismissal under Rule 113(i) or under sections (b), (c), or (e) of this rule is “without prejudice” unless the notice, agreement, or order to dismiss states that the dismissal is “with prejudice,” in which event the lawsuit or claim may not be re-filed. [ARCP 41(a)]

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Adopted Aug. 30, 2012, effective Jan. 1, 2013.
17B A. R. S. Justice Court Civ. Proc. Rules, Rule 144, AZ ST J CT RCP Rule 144
Current with amendments received through 05/1/2020.
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