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Rule 9. Motions

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 9
Rule 9. Motions
a. Motions may be made orally in open court or by filing and serving the opposing party with a copy of a written motion. Pretrial motions shall be ruled on before trial. A court shall not rule on any motion until the opposing party has had a reasonable opportunity to respond.
b. Responses and Replies. Responses and replies to any motion may be made orally in open court or by filing and serving the opposing party with a copy of the written response or reply. The filing of motions, responses and replies shall not delay the times set by statute for proceeding with an eviction action, except for continuances granted for good cause shown or by stipulation of the parties.
c. Motion for Change of Judge. For purposes of this subsection, a lawsuit has only two sides. A party or a side, if there is more than one plaintiff or one defendant in a lawsuit, may request a change of judge as a matter of right orally or in writing. The party or side must request a change of judge as a matter of right in the precinct where the lawsuit is pending. The request must state that the party or side has not previously requested a change of judge in this lawsuit, that the party or side has not waived the party's right to change of judge, and that the request is timely. A request is timely if it is made prior to or at the time of the first court appearance or upon reassignment of the matter to a new judge for trial. A party waives a right to a change of judge if the judge has ruled on any contested motion or issue, or if the trial has started. When a proper and timely request for a change of judge as a matter of right is orally requested or filed, the court must transfer the lawsuit to a new judge within the county for further proceedings.
If a party believes that the party will not have a fair and impartial trial before a justice of the peace, then the party must proceed as provided in Arizona Revised Statutes § 22-204, except that any request must be made by the date of the first court appearance and five days' notice is not required.
d. Motions to Amend. The court may grant motions to amend pleadings for good cause shown.
e. Motions for Judgment on the Pleadings. At any time after an answer to either a complaint or a counterclaim has been filed, a party may move for a judgment on the pleadings. The court shall not consider matters outside the pleadings when ruling on a motion for judgment on the pleadings.
f. Motions to Dismiss. In response to either a complaint or a counterclaim, a party may make a motion to dismiss some or all of the claims.
g. Motions for Reconsideration. A party seeking reconsideration of a ruling of the court may file a motion for reconsideration. Unless the court otherwise directs, all motions for reconsideration, however denominated, shall be submitted without oral argument and without response or reply. No motion for reconsideration shall be granted, however, without the court providing an opportunity for response.
h. Other motions. Other appropriate motions may be made by either party.
i. Failure to timely respond to a written motion filed by an opposing party, or failure to appear at the time and date set for an oral argument on a filed motion may be deemed to be consent to the denial or granting of the motion, and the court may dispose of the motion summarily.
j. All written motions shall be considered without oral argument unless ordered by the court upon request of a party or the court's own motion. All motions requesting an order for relief filed with the superior court shall be copied to the assigned judge, accompanied by a proposed order, which shall comply with the formatting requirements of Rule 5.1(d) of the Arizona Rules of Civil Procedure

Credits

Added Dec. 9, 2008, effective Jan. 1, 2009. Amended Sept. 2, 2016, effective Jan. 1, 2017; Sept. 2, 2016, effective on a one-year experimental basis Jan. 1, 2017; Aug. 31, 2017, effective on an experimental basis until further order of the court. Amended and effective on a permanent basis Dec. 13, 2017.
17B A. R. S. Rules Proc. Evic. Act., Rule 9, AZ ST EVICTION Rule 9
Current with amendments received through 11/1/18
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