how to prepare for a civil case without a lawyer in arizona

by Franco Spinka 8 min read

If you decide to file a lawsuit without a lawyer, do extensive reading and research on your court's self-help website before you prepare your summons and complaint. Preliminary Considerations Before Filing On Your Own

Full Answer

How do I bring a civil lawsuit in Arizona?

The Arizona Judicial Branch website outlines the process for bringing a civil lawsuit and going to trial. When bringing a civil lawsuit, you can choose to be represented by an attorney or you have the right to represent yourself.

Who initiates a civil case in Arizona?

The party that initiates a civil case is the plaintiff and the party that responds to the case is the defendant. Justice Court Rules of Civil Procedure - These rules apply to civil lawsuits in justice courts in Arizona.

Do I need an attorney to bring a civil lawsuit?

When bringing a civil lawsuit, you can choose to be represented by an attorney or you have the right to represent yourself. Please consult an attorney to start your civil lawsuit matter. AZ Statewide Paralegal no longer assists in this area.

Can a non lawyer practice law in Arizona?

Arizona now allows nonlawyers to practice law. That's good and bad You no longer have to be a lawyer to practice law in Arizona. That's good and bad Opinion: New rules in Arizona allow non-lawyers to practice law and invest in a lawfirm. There may be benefits but also plenty of unintended consequences.

image

What is the maximum amount you can sue for in civil court in Arizona?

Small Claims Court Limits for the 50 States*StateDollar LimitAlabama$6,000Alaska$10,000Arizona$3,500Arkansas$5,00047 more rows

How do I file a civil lawsuit in Arizona?

Civil LawThe plaintiff files a document (complaint) with the clerk of the court stating the reasons why the plaintiff is suing the defendant, and what action the plaintiff wants the court to take.A copy of the complaint and a summons are delivered to (served on) the defendant.More items...

How long do you have to file a civil suit in AZ?

Persons who have claims against a public entity or a public employee shall file claims with the person or persons authorized to accept service for the public entity or public employee as set forth in the Arizona Rules of Civil Procedure within 180 DAYS after the cause of action accrues.

How much does it cost to file a small claims case in Arizona?

A.R.S. § 22-281 CLASSIN CASES WHERE AMOUNT IN CONTROVERSY EXCEEDS $50 DESCRIPTIONBASE FEEAINITIAL CASE FILING FEE CIVIL FILING FEES$73.00BSUBSEQUENT CASE FILING FEE CIVIL FILING FEES$40.00CINITIAL CASE FILING FEE SMALL CLAIMS FILING FORCIBLE ENTRY AND DETAINER FILINGS$25.00 $35.006 more rows

What are the 4 types of civil law?

Four of the most important types of civil law deal with 1) contracts, 2) property, 3) family relations, and 4) civil wrongs causing physical injury or injury to property (tort). C.

Can you represent yourself in court without being a lawyer?

In criminal cases, if you cannot afford a lawyer, the court will appoint a lawyer for you, like a public defender. But in civil cases, you do not have the right to a court-appointed lawyer so, if you cannot afford your own lawyer, you have to represent yourself.

What type of cases are decided by the civil law?

Divorce cases, rent matters and sale of land cases are decided under Civil Law.

How long do you have to sue someone in AZ?

two yearsThe statute of limitations in Arizona is set at two years for all personal injury claims. It is one year for libel or slander claims, which are a subset of personal injury law. Some exceptions may apply when it takes longer than a year for a person to reasonably realize an injury has occurred.

How long do you have to sue someone in Arizona?

2 yearsArizona Statute of LimitationsType of CaseTime Limit to File SuitPersonal injury2 yearsProduct liability2 years; or within 12 years of when the product was initially sold in some casesClaims against the city, county, or state1 year (claim must be filed within 180 days)7 more rows

What can you do legally if someone owes you money?

If someone owes you money and they refuse to pay you at the agreed time, you may take the matter to the Small Claims Court. If someone has bought goods such as furniture from you and they have failed to pay for it, you can take the matter to the Small Claims Court.

Do I need a lawyer for small claims court?

You do not need a lawyer for small claims court, and some states don't even allow you to have one. Read an overview of your state's small claims court laws first. There are many advantages to seeking legal help from an attorney, but you would likely have to pay attorney's fees.

What kind of damages can you sue for in small claims court?

Typical claims in the small claims court include:Pursuing unpaid invoices.Breach of contract claims.Sale of goods and services disputes.Claims for unpaid rent.Building disputes.Professional negligence claims.

What is civil law in Arizona?

The Civil Law is the body of laws of the State of Arizona dealing with the rights of private citizens. These laws govern many areas, such as landlord/tenant disputes, small claims, dissolution of marriage, and name change. This page describes the process for a general civil case.

Who initiates a civil case?

The party that initiates a civil case is the plaintiff and the party that responds to the case is the defendant.

What is civil case?

Civil cases typically involve legal disagreements between individuals, businesses, corporations or partnerships. A person can also be involved in a civil case with a government entity such as a state, county or city.

How long does it take to respond to a civil lawsuit in Arizona?

The defendant has a limited time to respond or “answer.” In Arizona that is 20 days from the date the defendant is served.

WHAT IS THE CIVIL LAWSUIT PROCESS?

The plaintiff files a document (complaint) with the clerk of the court stating the reasons why the plaintiff is suing the defendant, and what action the plaintiff wants the court to take.

What is mandatory arbitration in Arizona?

The Arizona Revised Statutes and Arizona Rules of Civil Procedure state that in civil cases where the amount being asked for does not exceed a certain level , the case must be referred to Compulsory Arbitration. This does not include attorney’s fees, interest, and costs. This amount can vary by county, and in Pima County for example, the limit is $50,000.00. At the time a complaint is filed, you must file a separate statement with the Court indicating whether the case is subject to arbitration. In order to go to arbitration the defendant must first “answer” the complaint. If the amount asked for from the plaintiff is $50,000 or less then the case is referred to arbitration.

Why is arbitration mandatory in Pima County?

The Pima County Superior Court website outlines the reason for mandatory arbitration. The law provides for arbitration “as a method of getting smaller disputes resolved more quickly and, it is less costly than going to trial. However, a person’s right to a trial by jury is preserved, since any party who is not satisfied with the result of the arbitration can appeal the case. On appeal, the case returns to the trial judge, and it proceeds to trial, either before a jury or the judge.”

What does the plaintiff have to state in an arbitration?

The plaintiff must state whether the case is eligible for arbitration according to court rule.

What is it called when the plaintiff and defendant exchange information about the case?

The plaintiff and the defendant exchange information about the case. This is called discovery.

What is a complaint in a civil case?

The complaint is the document where you outline the things that the defendant has done that resulted in you being harmed in some way and the reason why you are filing the civil lawsuit. You also include why the particular court you are submitting the complaint to has jurisdiction to hear the grievances being brought forth.

What is the process of a case being tried before a jury?

The case is tried before a jury or a judge. The judge makes a decision, or the jury gives its verdict, based on the testimony and other evidence presented during trial. The losing person may appeal the decision to the next higher level of court.

Who speaks next in a court case?

The defendant or the attorney for the defendant speaks next. The defense usually summarizes the strongest points of the case and points out flaws in the case of the prosecution. The prosecutor then has one last opportunity to speak.

What is the purpose of closing arguments?

Closing arguments provide an opportunity for the defense and prosecution to address the judge or the jury a final time.

How long does it take to answer a complaint?

The defendant has a limited time (usually 20 days) to file a written answer admitting or denying the statements in the complaint. The plaintiff and the defendant exchange information about the case . This is called discovery. The case is tried before a jury or a judge.

What is a complaint filed with the clerk of the court?

The plaintiff files a complaint with the clerk of the court stating the reasons why the plaintiff is suing the defendant, and what action the plaintiff wants the court to take. A copy of the complaint and delivered to the defendant.

Who makes the opening statement in a criminal case?

Opening statements - The defendant has the right to a trial in which either a jury or the judge determines guilt. When the court is ready for the trial to begin, each side can make an opening statement. In a criminal case, the prosecuting attorney speaks first.

Can the defense give the same opening statement?

The defense may present the same type of opening comment or may save the opening statement until later in the trial when that side of the case begins. Either side may decide not to give an opening statement.

What is the rule of civil procedure in Arizona?

Under the Arizona Rules of Civil Procedure (Rule 3), a civil lawsuit begins when the “plaintiff” files a formal Complaint with a court. As a very general rule, the Complaint should contain brief descriptions of each of the following: • the names and addresses of the parties. • the legal claim (s) being made. (a statement of how the applicable law ...

What is the rule for a plaintiff in Arizona?

Under the Arizona Rules of Civil Procedure (Rule 4), the plaintiff must also serve a conformed copy of the Complaint and a Summons on the defendant. As Rule 113a of the Justice Court Rules of Civil Procedure states in bold and all capital letters: A CASE OR CLAIM AGAINST A DEFENDANT CANNOT PROCEED WITHOUT PROPER SERVICE.

What happens if the defendant does not file an answer?

If the defendant (or respondent) does not file an answer, then the plaintiff may be able to obtain a default judgment. If the Court does not obtain proof that the defendant (or respondent) has been notified that a lawsuit has been filed against her, then the Court will dismiss the plaintiff’s Complaint.

What does "served with process" mean?

When a person is “served” with process, she is formally notified by the Court that someone has a filed a lawsuit against her. This is why the plaintiff must serve the defendant (or respondent) with process before a lawsuit will proceed.

How many copies of a complaint should a plaintiff bring to court?

When the plaintiff arrives at the courthouse to file a Complaint, the plaintiff should bring at least three copies. That way, the Clerk of the Court can place an official stamp on each of them: not only on the one that the judge will receive, but also on the one that the plaintiff must serve on the defendant, as well as another for the plaintiff’s own records.

What is the person who initiates a lawsuit called?

The person who initiates a lawsuit is called the “plaintiff, ” while the person against whom a lawsuit is filed is called either the “defendant” or the “respondent,” depending on what kind of case it is. (There are differences in the rules of procedure for different kinds of cases.)

What is civil lawsuit?

A civil lawsuit is a court case that results from a private legal dispute between two or more people. This private legal dispute may arise in a number of very different situations. For example:

Always Read the Law and Know The Law

Always Read the Law and Know The Law (A) I saw a guy whisked away by the bailiffs in shackles once.

Be Respectful To The Court

Be Respectful To The Court. Always call the judge "your honor". Always stand up when speaking or being spoken to. Even if there is a table for you to sit down at while the other person is speaking, if the court addresses you, immediately stand up and remain silent until it is your turn to speak. Never speak to the court while sitting down.

Take Copies of Documents, Photos or Any Other Evidence

Take Copies of Documents, Photos or Any Other Evidence If you plan to offer a document, make at least 2 copies. You must give the court the original. A copy must be given to the opposing party. You will want to keep a copy.

Speak Up and Speak Clearly

Speak Up and Speak Clearly Do not mumble or talk down to the floor. Look directly at the judge and speak in a clear voice that projects. If you have a naturally loud voice (you know who you are) tone it down a bit so that you sound professional. If you have a naturally soft voice, practice projecting it across the room.

TURN OFF THE CELL PHONE AND OTHER GIZMOS

TURN OFF THE CELL PHONE AND OTHER GIZMOS There are judges who confiscate cell phones and other e-gizmos that go off in court. If they are nice, they give them back after payment of a fine. Most cell-phones, smart phones, I-thingamajigs and other electronic devices have a "vibrate" mode so that you are alerted to a call, but quietly.

Be Nice To The Clerks

Be Nice To The Clerks Judges and clerks talk and work together. They spend hours together behind the scenes administering the work of the courts.

Do Not Talk or Distract Others in the Courtroom

Do Not Talk or Distract Others in the Courtroom Once the judge comes in, it is highly unacceptable to talk in the courtroom. If you must chat, go out in the hallway. Similarly, most judges do not want you reading the paper, typing on the laptop or other gizmo, or engaging in other distracting conduct. The court is the judge's office.

How does lifting the restrictions on sources of finance affect law firms?

The hope is that lifting the restrictions on sources of finance will reduce firms’ costs and, correspondingly, the fees paid by clients.

What if investors and clients disagree?

Additionally, investors may not be socialized as lawyers are to serve the courts, guard the rule of law and provide pro bono services .

What is the purpose of the requirements for a client?

These requirements are meant to ensure that the clients’ interests in their legal outcomes will take precedence over the competing interests of investors in maximizing financial returns.

Can non-lawyers own law firms in Arizona?

New rules allow nonlawyers to practice law and own law firms in Arizona. This welcomed revolution in access to justice will have profound effects on the justice system

Can investors be socialized as lawyers?

Additionally, investors may not be socialized as lawyers are to serve the courts, guard the rule of law and provide pro bono services. It is quite likely that investors from other states and around the world will flock to Arizona, eager to invest in the legal sector.

Can lawyers work at banks?

Additionally, lawyers in these new business structures are allowed to offer services at enti ties like big-box retail stores or banks as well as join with accountants, psychologists, or others to offer multiple professional services under one roof.

Do law firms look like corporations?

The way law firms are structured, owned and managed will also change, and they will end up looking more like corporations than antiquated partnerships. This may ameliorate the well-documented adverse effects that the current typical law firm structure has on the retention and advancement of women and minorities.

What is grasso law?

Grasso Law Firm, P.C. handles matters throughout the State of Arizona. The firm is listed in Martindale-Hubbell's Bar Register of ... Read More Preeminent Lawyers. The Grasso Law Firm is an AV®-rated

What is the phone number for the 'I will fight as zealously for you'?

I will fight as zealously for you as I would for my friends, my family and my self. Please call 520-882-2662.

How long has Martindale Hubbell been in civil litigation?

Civil Litigation and Administrative Law for over 35 years. Preeminently rated in Martindale Hubbell

image