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Rule 6. Judgment

Arizona Revised Statutes AnnotatedRules of Procedure for Special Actions

Arizona Revised Statutes Annotated
Rules of Procedure for Special Actions
Special Action Against Body, Officer, or Person (Refs & Annos)
17B A.R.S. Special Actions, Rules of Proc., Rule 6
Rule 6. Judgment
In a special action brought in the Superior Court, the judgment shall be in the form of a judgment for any civil action, with no special requirements heretofore peculiar to writs; the grounds of the decision shall be stated in the judgment. The judgment may grant to the plaintiff part or all of the relief requested, or may dismiss the action either on the merits or without prejudice. If the action was brought to review a determination or order of a body or officer, the judgment may annul or confirm the determination in whole or in part, or modify it, and may direct, order, or prohibit specified action by the defendant.

Editors' Notes

STATE BAR COMMITTEE NOTE
One of the most unsatisfactory features of the existing extraordinary writ practice is the detail required as to the form of judgment, Emery v. Superior Court, supra. The Rule eliminates the form requirements of the traditional writs entirely, and adopts the forms and requirements of judgments in civil actions generally, since these are simple, nontechnical, and broadly understood. The remedies which may be granted under the special action Rule are coextensive with the usual practice. Judgments in extraordinary writ proceedings are presently provided for by A.R.S. § 12-2007A (certiorari) and A.R.S. § 12-2028A (mandamus), though these statutes are of little assistance as to proper form. In commenting on the latter statute and recommending the proposal contained herein, the Honorable John F. Molloy, in the A.L.I. pamphlet Extraordinary Writs in Arizona, supra at 146, has stated:
“This latter statute we believe is generally ignored. In practice, in the appellate courts, the opinion rendered by the court acts as a judgment of the court, and there is seldom a peremptory writ actually issued. In lower court proceedings, we are not aware of any general practice, and it would be our recommendation that the general law be observed and that a ‘judgment’ be entered by the court as in any other civil proceedings.”
17B A. R. S. Special Actions, Rules of Proc., Rule 6, AZ ST SPEC ACT Rule 6
Current with amendments received through 05/1/19
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