An Arizona civil lawsuit is a legal tool used to settle disagreements between individuals, businesses, or organizations. It happens when one side believes they have been wronged and seeks justice in court. Civil lawsuits can also involve government entities, such as a state, city, or county.
These cases often deal with conflicts like broken agreements, unpaid debts, personal injury claims, or damaged property. Unlike criminal cases, civil lawsuits are filed by private parties who are looking for a resolution.
In an Arizona civil lawsuit, the party starting the case is the plaintiff, while the person or organization responding serves as the defendant. Both sides share their evidence, and the court decides the outcome based on the facts and the law.
Civil lawsuits are important because they provide a structured way to handle disputes. By resolving these conflicts, the system helps maintain fairness and balance in society.
Two Types of Civil Jurisdiction: Limited and General
In Arizona, civil cases can fall under two types of jurisdiction: limited or general.
A civil action filed in a general jurisdiction court (Superior Court of Arizona) involves claims where the damages exceed $10,000. These cases often involve more complex disputes, and parties have the right to legal representation. If unsatisfied with the outcome, they can appeal the decision to a higher court.
On the other hand, a limited jurisdiction court (Maricopa County Justice Court) handles cases where the claim is for $10,000 or less. A justice of the peace typically resolves these cases, offering a quicker way to settle disputes. Just like in general jurisdiction cases, parties can have attorneys and appeal the verdict to a higher court if needed.Understanding the distinction between limited and general jurisdiction is key to knowing where to file your lawsuit based on the amount of damages you seek.
Steps to Bring an Arizona Civil Lawsuit
- File a complaint: The plaintiff files a legal document, known as a complaint, with the court clerk. This document outlines why the plaintiff is suing the defendant and the action they seek from the court.
- Serve the defendant: A copy of the complaint and a summons must be delivered (served) to the defendant.
- Respond to the complaint: The defendant has a set period (usually 20 days) to submit a written answer, either admitting or denying the statements in the complaint.
- Engage in discovery: Both parties (the plaintiff and the defendant) exchange relevant information about the case during a process called discovery.
- Go to trial: The case is presented before either a judge or a jury, where testimony and evidence are reviewed.
- Receive a decision: The judge will issue a ruling, or the jury will deliver a verdict, based on the evidence and testimony provided during the trial.
- Appeal if necessary: The losing party has the option to appeal the decision to a higher court.
Ensuring Proper Service of Process with Process Server Associates, LLC.
Once you file your lawsuit, it’s your duty to ensure the defendant receives both the complaint and court summons. This process, called service of process, must adhere to strict legal requirements.
At Process Server Associates, LLC., we’ve been a trusted, certified process serving firm in Arizona since 2015, providing reliable service throughout Maricopa County. You can choose to hire a private process server like us to handle this important step in your case. We offer a flat rate for our services, and you can easily reach us at 602-848-2400 to arrange service.
Remember, the court may dismiss your case if you do not serve the summons and complaint within 90 days of filing. Meeting this deadline is essential for keeping your lawsuit on track.
Arizona Civil Law Authorities
Justice Court Rules of Civil Procedure
These rules govern civil lawsuits in Arizona justice courts but do not apply to evictions, small claims (except Rule 140), civil traffic or boating cases, or protective orders and injunctions against harassment.
Rules of Civil Procedure for the Superior Courts of Arizona
These rules regulate the procedures for all civil actions and proceedings in Arizona’s superior court.
Superior Court Rules of Appellate Procedure – Civil
These rules govern procedures for all civil appeals, unless stated otherwise by law, taken to the Superior Court from justice court orders or final judgments under ARS § 22-261, or municipal court under ARS § 22-425(B). This includes appeals related to Orders of Protection, Injunctions Against Harassment, and other civil cases.
Rules of Civil Appellate Procedure
These rules govern procedures for civil appeals to the Arizona Court of Appeals and the Arizona Supreme Court, as well as appeals and special actions that explicitly incorporate these rules.
For questions or immediate assistance, call Process Server Associates at (602) 848-2400 to speak with a live representative.
Process Server Associates LLC.
Certified & Insured Arizona Process Servers
Established 2015
Call: (602) 848-2400
Visit: www.processserverassociates.com
Adam McAlister