Arizona Claims Process - Walker Morgan LLC

Report 2 Downloads 81 Views
Arizona Claims Process

AZ

Arizona Courts with Jurisdiction Over Civil Matters Municipal Court: a court of limited jurisdiction which handles traffic cases, cases involving city code or ordinance violations, and issues protective orders and injunctions. Justice of the Peace Court: has jurisdiction over civil cases of $10,000 or less and small claims cases of $3,500 or less. Superior Court: a court of general jurisdiction; it has jurisdiction over civil cases with an amount in controversy over $10,000. It is the appellate court for the Municipal and Justice of the Peace Courts. Court of Appeals: Arizona's intermediate appellate court. It hears cases appealed from the Superior Court. Arizona Supreme Court: Arizona's court of last resort and has discretionary appellate jurisdiction over Court of Appeals cases.

Municipal Court

$10,000

$10,000

Justice of the Peace Court

Superior Court

limited jurisdiction

Court of Appeals

Arizona Supreme Court

intermediate appellate court

appellate jurisdiction over Court of Appeals cases

Pleadings In the beginning stages of a lawsuit, legal documents called pleadings are filed. To initiate the suit, the plaintiff files a Complaint which sets forth cause(s) of action against named Defendant(s). After the Plaintiff files the Complaint and properly serves the Complaint on the Defendant(s), the Defendant(s) then have 20 days to file an Answer. The Defendant(s)' Answer will respond to each of the causes of action in the Complaint and set forth any defenses, cross claims and/or counter claims.

Discovery

After the parties file all necessary pleadings, the discovery process will begin. This can include any of the following:

Interrogatories Formal questions and/or requests for information served on one party by and opposing party. The party served with interrogatories must provide written responses or respond with an objection.

Requests for Production of Documents Formal requests for certain documentation relevant to the claims and defenses.

Trial

Depositions Either a party or a non-party witness will provide oral testimony under oath in the presence of a court reporter.

Trials can take from 1 Day

If the parties have not reached a settlement, at the conclusion of discovery, the case then proceeds to trial. Depending on the complexity, a trial can take as little as a single day or as long as several weeks. At the conclusion of a typical civil trial, the jury will return a verdict for the plaintiff and award money damages or the jury will return a verdict finding that the defendant was not at fault.

to 2 Weeks

Motions and Appeals After the jury returns their verdict, the parties may file post trial motions and/or appeal the verdict to the appropriate appellate court in Arizona.

 (800) 922-8411  (803) 359-6194

 http://www.walkermorgan.com

Copyright © Walker Morgan, LLC