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Rule 15. Relief from Judgment or Order

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 15

Rule 15. Relief from Judgment or Order

a. Motions to Set Aside Judgments, Orders, or Proceedings. Either party may file a motion to set aside a judgment, order or proceeding on any of the following grounds:

(1) The court did not have jurisdiction to hear the case;

(2) The defendant tendered all amounts due under the lease agreement prior to a judgment being entered or made a partial payment under the Arizona Residential Landlord Tenant Act, A.R.S. §§ 33-1301 to -1381, which was accepted by the landlord;

(3) A party did not receive proper notice or was not properly served;

(4) Mistake, inadvertence, surprise, or excusable neglect;

(5) Newly discovered material facts exist that could establish a defense to an allegation;

(6) A party is subject to protection under bankruptcy laws;

(7) A party is requesting relief under the Servicemembers' Civil Relief Act;

(8) The parties have stipulated to set aside the judgment;

(9) The judgment is contrary to the law; or

(10) Fraud, misrepresentation, or other misconduct of an adverse party.

The motion shall be filed within a reasonable time, and, for reasons (2), (4), and (5), not more than 60 days after the judgment or order was entered.

b. Clerical errors may be corrected by the court with or without notice to the parties.

c. A post judgment motion affecting possession of the property shall be treated as an emergency matter and decided within three court days.

d. Where a post judgment motion does not affect possession of property, the other party may file a response within 10 court days of service of the motion. The moving party may then file a reply within 5 court days of service of the response.

Credits

Added Dec. 9, 2008, effective Jan. 1, 2009.

17B A. R. S. Rules Proc. Evic. Act., Rule 15, AZ ST EVICTION Rule 15

Current with amendments received through 08/15/19

End of Document