Rule 7.1. Motions
Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: September 1, 2019
Effective: September 1, 2019
16 A.R.S. Rules of Civil Procedure, Rule 7.1
Rule 7.1. Motions
(2) Supporting Memorandum. All motions must be accompanied by a memorandum setting forth the reasons for granting the motion, along with citations to the specific parts or pages of supporting authorities and evidence. Unless the court orders otherwise, a motion and supporting memorandum may not exceed 17 pages, exclusive of attachments and any required statement of facts.
(3) Responsive and Reply Memoranda. Unless a specific rule states otherwise, an opposing party must file any responsive memorandum within 10 days after the motion and supporting memorandum are served; and, within 5 days after a responsive memorandum is served, the moving party may file a reply memorandum, which may address only those matters raised in the responsive memorandum. Unless the court orders otherwise, a responsive memorandum may not exceed 17 pages, exclusive of attachments and any required statement of facts, and a reply memorandum may not exceed 11 pages, exclusive of attachments.
(2) Procedure. All such motions, however denominated, must be submitted without oral argument and without the filing of a responsive or reply memorandum, unless the court orders otherwise. No motion for reconsideration may be granted, however, without the court providing all other parties an opportunity to respond.
(1) Generally. Unless made at trial or an evidentiary hearing, a motion to strike may be filed only if it is expressly authorized by statute or other rule, or if it seeks to strike any part of a filing or submission on the ground that it is prohibited, or not authorized, by a specific statute, rule, or court order.
(A) Objections. Any objections to, and any arguments regarding the admissibility of, evidence offered in support of or in opposition to a motion must be presented in the objecting party's responsive or reply memorandum and may not be presented in a separate motion to strike or other separate filing, except as provided in Rule 56(c)(4).
(C) Objections to Evidence Offered in a Reply Memorandum. If the evidence at issue is offered for the first time in connection with a reply memorandum, an objecting party may file a separate objection limited to addressing the new evidence and not exceeding 3 pages in length, within 5 days after the reply memorandum is served. No responsive memorandum may be filed unless the court orders otherwise.
(2) Procedure. To make an extension effective, the parties must file a notice setting forth the agreed-upon dates on which the response or reply briefs will be due. The notice must set forth in its title the number of extensions agreed to with respect to that filing (e.g., “Notice of First Extension of Time to File Response on Motion to Dismiss”).
(3) Limits. No extension will be effective without prior court approval if it purports to make the filing of a reply or other final memorandum due fewer than 5 days before a date for hearing or oral argument previously set by the court, or if the notice of the extension is filed after the memorandum is due.
(h) Good Faith Consultation Certificate. When these rules require that a “good faith consultation certificate” accompany a motion or that the parties otherwise consult in good faith, the movant must attach to the motion a separate statement certifying and demonstrating that the movant has tried in good faith to resolve the issue by conferring with--or attempting to confer with--the party or person against whom the motion is directed. The consultation required by this rule must be in person or by telephone, and not merely by letter or email.
Added Sept. 2, 2016, effective Jan. 1, 2017. Amended Aug. 31, 2017, effective Jan. 1, 2018.
16 A. R. S. Rules Civ. Proc., Rule 7.1, AZ ST RCP Rule 7.1
Current with amendments received through 08/15/2020.
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