Rule 79. Summary Judgment
Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: January 1, 2020
Effective: January 1, 2020
17B A.R.S. Rules Fam.Law Proc., Rule 79
Rule 79. Summary Judgment
(a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense--or the part of each claim or defense--on which summary judgment is sought. The court must grant summary judgment if the moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
(A) Moving Party's Statement. The moving party must set forth, in a statement separate from the supporting memorandum, the specific facts relied on in support of the motion. The facts must be stated in concise, numbered sections. The statement must cite the specific part of the record where support for each fact may be found.
(C) Joint Statement. In addition, or as an alternative, to submitting separate statements under subparts (c)(3)(A) and (B), the moving and opposing parties may file a joint statement in the form prescribed by this rule, setting forth those facts that are undisputed. The joint statement may provide that any stipulation of fact is not binding for any purpose other than the summary judgment motion.
(5) Affidavits. An affidavit used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated. If an affidavit refers to a document or part of a document, a properly authenticated copy must be attached to or served with the affidavit.
(3) Responses to Request. Unless the court orders otherwise, the party moving for summary judgment is not required to respond to a section (d) request for relief. If such a party elects to file a response, it must be filed not later than two days before any hearing scheduled to consider the requested relief.
(4) Expedited Hearing. The court must hold an expedited hearing, in person or by telephone, within 7 days after a request is filed in compliance with subpart (d)(1). If the court's calendar does not allow a hearing within 7 days, the court should set a hearing date at the earliest available time allowed by the court's calendar.
(e) Failing to Properly Oppose a Motion. When a summary judgment motion is made and supported as provided in this rule, an opposing party may not rely merely on allegations or denials of that party's own pleading. The opposing party must, by affidavits or as otherwise provided in this rule, set forth specific facts showing a genuine issue for trial. If the opposing party does not so respond, summary judgment, if appropriate, shall be entered against that party.
(g) Declining to Grant All the Requested Relief. If the court does not grant all the relief requested by the motion, or if judgment is not rendered on the whole case under section (f), the court may enter an order identifying any material fact that is not genuinely in dispute and treat the fact as established in the case.
(h) Affidavit Submitted in Bad Faith. If a Rule 79 affidavit is submitted in bad faith or solely for delay, the court--after notice and a reasonable time to respond--may order the submitting party to pay the other party the reasonable expenses, including attorney fees, incurred as a result, or may impose other appropriate sanctions.
Added Aug. 30, 2018, effective Jan. 1, 2019. Amended Aug. 27, 2019, effective Jan. 1, 2020.
Former Rule 79, relating to summary judgment, was abrogated Aug. 30, 2018, effective Jan. 1, 2019. See, now, this rule.
17B A. R. S. Rules Fam. Law Proc., Rule 79, AZ ST RFLP Rule 79
Current with amendments received through 11/1/19
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