Arizona Rules for Filing a Motion to Dismiss

By Jessica McElrath

An Arizona defendant may make a motion to dismiss even before the case goes to trial. A court will grant the motion if the non-moving party is unable to present the legal basis for the claim. Granting dismissals of meritless claims saves money and makes the court system more efficient.

Definition

Arizona law allows a party in a lawsuit to ask the court to dismiss a case. A judge can dismiss a claim with or without prejudice. If the judge dismisses the case with prejudice, the plaintiff cannot file the same claim against the other party again.

Reasons

A party may make a motion to dismiss for several reasons, including the failure to state a claim in which relief may be granted, improper jurisdiction, improper venue or the statute of limitation on the claim has elapsed. The court may hear oral arguments for and against the motion to dismiss.

Filing

In Arizona, the moving party can request a dismissal by filing a Motion to Dismiss form with the court clerk. The moving party must file the original motion with the clerk and must mail or personally deliver a copy to the opposing party. If the judge grants the motion, the parties will receive a signed copy in the mail.

About the Author

Jessica McElrath has been a freelance writer since 2000. McElrath is the author of "The Everything John F. Kennedy Book" and "The Everything Martin Luther King Jr. Book." McElrath has a Bachelor of Arts in history from the University of California at Berkeley and a Juris Doctor from Santa Clara University School of Law.