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Rule 110. Starting a Lawsuit; Content of a Complaint

Arizona Revised Statutes AnnotatedJustice Court Rules of Civil Procedure

Arizona Revised Statutes Annotated
Justice Court Rules of Civil Procedure (Refs & Annos)
Part IV: Starting a Lawsuit: The Complaint, the Summons, and Service of the Lawsuit
17B A.R.S. Justice Court Civ.Proc.Rules, Rule 110
Rule 110. Starting a Lawsuit; Content of a Complaint
a. Starting (“commencing”) a lawsuit. A lawsuit is started (“commenced”) by filing a complaint with the court. [ARCP 3]
b. Contents of a complaint. A complaint must include:
(1) The proper name of every plaintiff and of every defendant. If a defendant's name is unknown, a complaint may identify the defendant by a fictitious name, and the complaint may be amended when the defendant's true name becomes known. This paragraph also applies to defendants in a third-party complaint.
(2) In lawsuits to recover on an assigned debt, the identity of the original owner of the debt.
(3) A statement that the court has legal authority over the subject matter of the claim(s) and over the defendant(s) (“jurisdiction”); and a statement that the Justice Court precinct where the lawsuit is filed is the proper location (“venue”).
(4) 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.
(5) A demand that the court award money or another type of remedy allowed by law. If the requested remedy is an amount of money, and the amount can be calculated with certainty, the complaint must state the amount. If the amount of money cannot be calculated with certainty, a specific amount does not need to be stated, but the complaint must generally describe the damages and it must state that the amount requested does not exceed the jurisdictional limit of the justice court. [ARCP 8(a), (g), 10(f)]
c. Contents of a counterclaim, cross-claim or third-party complaint. Claims that are made in a counterclaim, cross-claim or third-party complaint must include the same contents as a complaint, as described in Rule 110(b).

Credits

Adopted Aug. 30, 2012, effective Jan. 1, 2013.
17B A. R. S. Justice Court Civ. Proc. Rules, Rule 110, AZ ST J CT RCP Rule 110
State Court Rules are current with amendments received and effective through 7/1/22. The Code of Judicial Administration is current with amendments received through 7/1/22.
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