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Rule 16. Vacating a Judgment

Arizona Revised Statutes AnnotatedRules of Small Claims ProcedureEffective: January 1, 2020

Arizona Revised Statutes Annotated
Rules of Small Claims Procedure
Effective: January 1, 2020
17B A.R.S. Rules of Small Claims Procedure, Rule 16
Rule 16. Vacating a Judgment
(a) Filing a Motion to Vacate Judgment. Any party can file a motion with the court asking to be relieved from judgment. The motion does not affect the finality of the judgment or suspend operation of the judgment. The court may relieve a party from a judgment for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) fraud, misrepresentation, or other misconduct of an opposing party;
(3) the judgment is void;
(4) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or
(5) any other reason justifying relief.
(b) Timing. A motion to vacate must be filed within a reasonable time. For reasons (1) and (2), the motion must be filed no more than 6 months after the entry of the judgment or date of the proceeding, whichever is later.
(c) Providing the Motion to the Other Party and Time for Response. The moving party must deliver a copy of the motion to the other party on the date of filing. The other party has 15 days to file a written response and must deliver a copy of the response to the moving party on the date the response is filed.
(d) Other Powers to Grant Relief. This rule does not limit the court's power to:
(1) entertain an independent action to relieve a party from a judgment; or
(2) set aside a judgment for fraud on the court.
(e) Representation. An attorney may represent a party on a motion to vacate a judgment.

Credits

Added Aug. 27, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Small Claims Proc., Rule 16, AZ ST SM CL Rule 16
State Court Rules are current with amendments received through 11/1/21. The Code of Judicial Administration is current with amendments received through 11/1/21.
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