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Rule 8. Counterclaims and Consolidation

Arizona Revised Statutes AnnotatedRules of Procedure for Eviction Actions

Arizona Revised Statutes Annotated
Rules of Procedure for Eviction Actions
17B A.R.S. Rules Proc. Evic. Act., Rule 8
Rule 8. Counterclaims and Consolidation
a. Basis. Unless specifically provided for by statute, no counterclaims, cross claims, or third party claims may be filed in eviction actions. Any counterclaim filed without a statutory basis shall be stricken and dismissed without prejudice. All counterclaims must be filed in writing and served upon the opposing party. A counterclaim shall:
(1) State specific facts claiming that the landlord has violated the rental agreement or an applicable statute so that the landlord has an opportunity to prepare a defense; and
(2) If any notices were required, state the approximate date and manner those notices were sent to the plaintiff and summarize the content of those notices.
b. Impact on Justice Court Jurisdiction. The filing of a counterclaim shall not defeat jurisdiction of a justice court in an eviction action, and no eviction action shall be transferred to the superior court solely because a counterclaim was filed unless it is permitted by statute and is not within the statutory jurisdiction of the justice court. The justice court shall review such claims to determine whether they have a statutory basis and whether the prayer for relief is within or exceeds the jurisdiction of the justice court. If a counterclaim has a statutory basis and the prayer for relief is not within the jurisdiction of the justice court, the court shall transfer the matter to the superior court. Where the counterclaim filed includes one or more aspects that are defective or impermissible, the court may permit the defendant to restate it in a proper fashion, or order the counterclaim dismissed without prejudice.
c. Consolidation. An eviction action may be consolidated only with one or more eviction actions but shall not be consolidated with any other type of action.
d. If a residential landlord is not in compliance with the rental agreement or statute, the tenant may counterclaim for any amount the tenant is entitled to recover under the rental agreement or statute.

Credits

Added Dec. 9, 2008, effective Jan. 1, 2009.
17B A. R. S. Rules Proc. Evic. Act., Rule 8, AZ ST EVICTION Rule 8
Current with amendments received through 02/1/19
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