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Rule 139. Judgment

Arizona Revised Statutes AnnotatedJustice Court Rules of Civil Procedure

Arizona Revised Statutes Annotated
Justice Court Rules of Civil Procedure (Refs & Annos)
Part X: Judgment
17B A.R.S. Justice Court Civ.Proc.Rules, Rule 139
Rule 139. Judgment
a. Definition and requirements. A “judgment” is a final written order of the court that decides all of the claims in the lawsuit, and that can be appealed. A judgment must be signed by the judge, and filed and entered by the court. [ARCP 54(a), 58(a)]
b. Judgments involving multiple claims or multiple parties. An order that decides some but not all of the claims, or that concludes the lawsuit as to some but not all of the parties, is not a judgment that can be appealed, unless the order states that there is no just reason for delay and it specifically directs entry of the judgment. [ARCP 54(b)]
c. Judgment prepared by a party. A judgment may be prepared by the court or it may be prepared by a party and submitted to the court for signature. A copy of a proposed judgment prepared by a party must be served on the other parties as provided by Rule 120. A party who prepares a judgment and submits it to the court must also provide the court with stamped envelopes addressed to each party who has appeared in the lawsuit. The court will not approve or sign a judgment prepared by a party until the expiration of five (5) days after the proposed judgment has been served upon the opposing parties. An opposing party may file a written objection to the proposed judgment within that time. The requirements of this paragraph do not apply to parties in default under Rule 140.
If a party who prepares a judgment also claims court costs under section (d), or attorneys' fees under section (e), those claims must be submitted to the court at the same time as the judgment that the party prepared. [ARCP 58(a), (d)]
d. Court costs. The prevailing party may request that the party's costs of the lawsuit, to the extent allowed by law, be included in the amount of the judgment. The party claiming costs must submit a statement of costs, which has been verified under Rule 109(c), to the court and to the other parties not later than twenty (20) days after the court has made a decision that entitles a party to a judgment. The party against whom costs are claimed may file an objection to those costs within five (5) days after receipt, and the court will then rule upon the objections and enter the approved amount, if any, in the judgment. [ARCP 54(f)]
e. Attorneys' fees. If a party has made a claim for attorneys' fees in a pleading, the party may request that attorneys' fees be included in the amount of the judgment. The party must file a motion with the court stating the legal basis of the claim for fees, with an affidavit and supporting exhibits, including any contract that provides for attorneys' fees. If a contract is longer than three (3) pages, then at a minimum the first page, the relevant provision for fees, and the signature page, if any, must be attached to the affidavit. The motion must be filed no later than twenty (20) days after the court has made a decision that entitles the party to judgment. The opposing party may file a response to the motion within the time allowed by Rule 128(e). The court may set a hearing on the motion, but the court may not enter judgment until the issue of attorneys' fees has been resolved. [ARCP 54(g), 58(g)]
f. Notice of entry of judgment. The court will provide every party who is not in default with a copy of the judgment entered by the court. A failure of the court to provide this copy does not affect the time to appeal or authorize the court to relieve a party's failure to appeal within the time allowed. [ARCP 58(e)]
g. Voluntary reduction. A party in whose favor a verdict or a judgment has been rendered may voluntarily reduce the amount by filing an amended judgment for the judge to sign. [ARCP 58(b)]
h. Entry of judgment after death of a party. Judgment may be entered after the death of a party upon a verdict or decision on an issue of fact that was rendered during the party's life. [ARCP 54(e)]

Credits

Adopted Aug. 30, 2012, effective Jan. 1, 2013.
17B A. R. S. Justice Court Civ. Proc. Rules, Rule 139, AZ ST J CT RCP Rule 139
State Court Rules are current with amendments received and effective through 8/1/22. The Code of Judicial Administration is current with amendments received through 8/1/22.
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