Rule 29. Defenses; Motion for Judgment on the Pleadings; Joining Motions; Waiving Defenses; Pre...
Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: September 1, 2019
Effective: September 1, 2019
17B A.R.S. Rules Fam.Law Proc., Rule 29
Formerly cited as AZ ST RFLP Rule 32
Rule 29. Defenses; Motion for Judgment on the Pleadings; Joining Motions; Waiving Defenses; Pretrial Hearing
(b) Time to Assert Certain Defenses. A motion asserting any of these defenses under section (a) must be made before filing a responsive pleading, if one is required, except that a motion for lack of subject matter jurisdiction may be made at any time. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim.
(d) Result of Presenting Matters Outside the Pleadings. On a motion under subpart (a)(6) or section (c), if matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 79. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.
(f) Motion for a More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before filing a responsive pleading. The motion must point out the defects complained of and the details desired. If the court orders a more definite statement and the order is not obeyed within 10 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.
Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 29, AZ ST RFLP Rule 29
Current with amendments received through 08/15/2020.
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