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Rule 7.1. Motions

Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
III. Pleadings and Motions; Pretrial Procedures
Effective: September 1, 2019
16 A.R.S. Rules of Civil Procedure, Rule 7.1
Rule 7.1. Motions
(a) Requirements.
(1) Generally. An application to the court for an order must be by motion which, unless made during a hearing or trial, must be in writing, state with particularity the grounds for granting the motion, and set forth the relief or order sought.
(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.
(4) Affidavits and Other Evidence. Affidavits and other evidence submitted in support of any motion or memorandum must be filed with the motion or memorandum, unless the court orders otherwise.
(5) Motions in Open Court. The court may waive any of these requirements for motions made in open court.
(b) Effect of Noncompliance or Waiver. The court may summarily grant or deny a motion if:
(1) the motion, supporting memorandum, or responsive memorandum does not substantially comply with Rule 7.1(a);
(2) the opposing party does not file a responsive memorandum; or
(3) counsel for any moving or opposing party fails to appear at the time and place designated for oral argument.
(c) Rulings on Motions.
(1) Generally. Except as these rules otherwise provide, the court at any time or place, and on such notice, if any, as the court considers reasonable, may make orders for the advancement, conduct, and hearing of motions.
(2) Law and Motion Day. The court may establish by local rule or order a regular day, time and place to hear, consider, and resolve motions.
(3) Summary Motions. The court may provide by local rule or order for the submission and determination of motions without oral argument based on the filing of brief written statements setting forth reasons in support or opposition to a motion.
(d) Oral Argument. The court by local rule or order may limit the length of oral argument, which may not be exceeded without prior court approval. Subject to Rule 56(c)(1), the court may decide motions without oral argument, even if oral argument is requested.
(e) Motions for Reconsideration.
(1) Generally. A party seeking reconsideration of a court order or ruling may file a motion for reconsideration.
(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.
(3) No Effect on Appeal Deadline. A motion for reconsideration is not a substitute for a motion filed under Rule 50(b), 52(b), 59, or 60, and will not extend the time within which a notice of appeal must be filed.
(f) Limits on Motions to Strike.
(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.
(2) Procedure. Unless the motion to strike permitted by Rule 7.1(f)(1) is expressly authorized by rule or statute:
(A) it may not exceed two pages in length, including its supporting memorandum;
(B) any responsive memorandum must be filed within 5 days after service of the motion and may not exceed two pages in length; and
(C) no reply memorandum may be filed unless the court orders otherwise.
(3) Objections to Admission of Evidence on Written Motions.
(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).
(B) Response to Objections. Any response to an objection must be included in the responding party's reply memorandum and may not be presented in a separate responsive memorandum.
(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.
(g) Agreed Extensions of Time for Filing Memoranda.
(1) Generally. Subject to the court's power to reject any such agreement, parties may agree to extend the dates on which response and reply memoranda are due if the extension does not otherwise conflict with other deadlines set by the court or these rules.
(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.
(4) Effective Date. No order is necessary to obtain an extension under this rule. The extension is effective upon the filing of the notice of extension, unless and until the court enters an order disapproving the time extension.
(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.

Credits

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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