If you want to file a lawsuit after a dispute with a business or another person in Arizona, you have several different types of courts to choose from.Whether you file in small claims, justice court, state civil court or federal court depends on the amount and type of damages you are seeking and the location of the person or business.If your lawsuit is filed in the wrong court, it will be dismissed.The basic procedure for filing a lawsuit is the same regardless of the court.
Step 1: Do you know the law for your case?
To have a case heard by a judge, you must first state a claim that entitles you to damages.Legal resources on the internet can help you determine which law applies to your case.You can find Arizona state law at http://www.azleg.gov/ArizonaRevisedStatutes.asp if you know which law you need to read.Negligence, breach of contract, and personal injury are some of the causes of lawsuits.If you were hit while crossing the street, you might be able to recover damages from the person who hit you.If you're unsure about the law that applies to your case, you might consider meeting an attorney for a free consultation.The attorney will tell you if you have a claim.You can review the materials on the self-service center's website, or speak with someone at a nearby center.
Step 2: There is a statute of limitations.
You can't file a lawsuit after the deadlines.It depends on the type of claim you have.Although Arizona law gives you six years to file a lawsuit for breach of a written contract, you only have one year to try and get your job back.The statute of limitations for personal injury cases is two years.
Step 3: The correct court is chosen.
The judge has jurisdiction over both the subject matter of your lawsuit and the person you're suing.If you go to the wrong court, your case could be thrown out.The courts of limited and general jurisdiction are in Arizona.Justice courts in Arizona can hear cases of up to $10,000 in damages, but small claims have limited jurisdiction.State courts generally have jurisdiction over state law claims, while federal courts have the power to adjudicate federal law cases.If the amount of money in dispute is over $75,000, federal courts have jurisdiction over cases where the parties live in different states.The court must have personal jurisdiction over the person you're suing, as well as the subject matter of your case.The Arizona courts have jurisdiction over the person if they live or do business in Arizona.If the events that led to your claim happened in the state, it's the same.If you're injured in a car accident in Phoenix, you can file a lawsuit against the driver of the other car even if he's from Los Angeles, California.You have to choose the correct court within the state.You are free to choose the one that is most convenient for you, in which case there may be several courts that are proper.If the other driver was from Tucson, Arizona, you would be able to file a suit in Maricopa County, where the accident took place, or in Pima County where he lives.It is more convenient for you to file in Maricopa County Superior Court if you live in Phoenix.The same rules regarding personal jurisdiction and venue apply to federal court lawsuits.There are three geographic divisions with jurisdiction over specific counties, but the same federal district covers the entire state of Arizona.The Phoenix division covers several counties.
Step 4: Consider hiring an attorney
Depending on the type of lawsuit you're filing, an attorney is the best way to make sure your rights are protected.Lawyers are not allowed in small claims court.You might be able to get an attorney to review your case for you.If you choose to represent yourself in state civil court, you can have a paralegal prepare, file, and serve your documents for you.Paralegal services can be used to track deadlines and manage other paperwork over the course of litigation, which may be less expensive than hiring an attorney.You may be able to get free or reduced-fee services if you're concerned about your ability to pay an attorney.You can check with your nearest legal aid office to find out what options are available to you.
Step 5: You can send a demand letter.
If you can't come to a compromise, you should only file a lawsuit as a last resort.Inform the person of the law they've broken and the damages they have caused.Provide a specific monetary amount for which you're willing to settle your claim, as well as a deadline for them to respond.You can file a complaint if you don't get a response by the deadline.Don't try to negotiate over the phone or in person.If you have a written account of the negotiations, the person can't go back and say they did not agree to something.
Step 6: There are forms that you should search for.
Depending on how common your type of lawsuit is and what court you're going to file it in, you may be able to find a fill-in-the-blanks form you can use for your complaint.You must file a complaint or petition in order to start a lawsuit.If you want to file a complaint in small claims court, the clerk has forms online and in the courthouse.
Step 7: The court's procedures are outlined in the rules of procedure.
You risk having your lawsuit thrown out if you don't have a basic understanding of the court's rules.Even if you don't know anything about law, the court still expects you to follow the same rules as attorneys.Formal rules of procedure aren't used in small claims or justice courts, which use a more casual, simplified court process designed so you can represent yourself without any legal knowledge or training.
Step 8: The caption and title should be written.
The case is identified in court by the caption or style on your complaint.Every document filed in your lawsuit will have the same caption at the top.The name of the court and the location are listed in the caption.You are the person who filed the lawsuit.The person or business is being sued.The file number won't be assigned until you file a complaint with the clerk.The clerk will fill it in if the space is left for it.The title of your document should be written below the case number.You would write "Complaint" since this is the initial filing in the lawsuit.If you aren't using a court-approved form, you should get a copy of a complaint filed in another case in that same court to use as a guide for how to format your caption and the rest of your complaint properly.
Step 9: The introductory paragraph is where you should write it.
Identifying yourself and the person you're suing should be the first thing you do.When naming the person, use his or her full legal name.Even if the spouse had nothing to do with your claim, you must include his or her name since Arizona is a community property state.If you win your case, you won't be able to collect your judgment.If you're filing a lawsuit in federal court, you need to explain how the court has jurisdiction over your case.
Step 10: Your claims should be set forth in numbered paragraphs.
Each element you must prove to win your case is given by the law that provides the basis of your claim.You can use those elements as an outline for your complaint.If you were to file a lawsuit for breach of contract, you should include allegations that a valid contract existed between you and the other party, that the contract's terms were violated, and that you suffered damages as a result.Paragraphs should only contain one allegation or factual statement, which allows the defendant to respond to each individually and state whether he admits, denies, or has no knowledge of the allegation.The complaint form for justice court only requires a brief statement of the facts upon which the court's jurisdiction and venue depends, a showing of your legal entitlement to relief, and a demand for that relief from the courts.
Step 11: Explain your damages.
If you want the court to award you monetary damages, you should list a specific amount along with a brief explanation of how you arrived at that number or the losses you've sustained for which that money will compensate you.Close your complaint with a brief statement asking the court to award the damages you've listed and any other relief the judge feels proper under the facts of the case.
Step 12: Your signature block should be created.
The person filing the complaint must sign it.Both you and the attorney must sign the complaint if you are represented by an attorney.You should leave a blank line for your signature.Underneath the line, type your full legal name and include contact information.You can include your email address if you want to communicate about the case.
Step 13: Complete all forms.
The clerk of the court where you're filing your complaint will be able to tell you if a civil cover sheet is required.You might need to include a cover sheet with your summons and complaint.The name and contact information for the parties in the case can be found on a cover sheet.
Step 14: Please sign your forms.
Depending on the court and the type of lawsuit you're filing, you may have to sign your complaint in front of a court clerk or a notarial public.The court usually requires your signature to be black or blue.
Step 15: You need to fill out your summons.
You need to complete the summons on the same day you file your complaint to start the service process.Regardless of what kind of civil lawsuit you file, the form you use for your summons will look the same.You need to use the summons for the court in which you're filing your lawsuit.The same day you expect to have your complaint served, the summons or certificate of service must be signed and dated.
Step 16: You should make copies of your documents.
Before you file the originals with the court, you must make at least two copies of your documents, one for your own records and the other for the defendants.You'll need a copy for each of the people you're suing.Depending on the type of complaint you're filing, the court may require you to make additional copies.
Step 17: Take your documents to the office.
After you've paid your filing fees, the clerk will mark "filed" with the date on your originals and copies.Depending on the type of case you're filing, filing fees can vary.The filing fees for small claims and justice court are $52.Depending on the type and complexity of your case, you can expect your fees to be between $300 and $500.$400 is the filing fee in federal court.You can be eligible for a fee deferral if you can't afford filing fees.A deferral or waiver means that you don't have to pay fees at all.You need to fill out an application and submit it to the court.
Step 18: The person should be served.
Before your case can be heard by a judge, you must be able to prove that the other party had notice of the suit.You can mail your complaint using certified mail.If you're suing in small claims or state court, the clerk's office can give you certified mail forms which you can use at any post office.You can use the sheriff's department or a private processing service to deliver the complaint.You have to serve a separate copy of the lawsuit to everyone.You have to file your proof of service at the clerk's office.You should make a copy of your receipt or other proof before you file it.
Step 19: If you have any counterclaims, respond to them.
She may include claims against you when she answers your lawsuit.You have 20 days to respond to the complaint.If you don't receive an answer within that time, you may be able to get a default judgment in your case, meaning you simply show up to court for your hearing and the judge grants the relief you asked for.If the defendants raise counterclaims against you, you have 20 days to respond.The defendants may win by default if you don't respond to their counterclaims.
Step 20: Take part in discovering.
During the discovery process, both parties have the chance to ask each other questions and exchange documents.Small claims or justice courts don't have discovery.If you're filing a case in state court, you need to give the court a list of exhibits and witnesses you plan to call, as well as a disclosure statement.
Step 21: Alternative dispute resolution can be used such as mediation.
A third-party mediation may be able to help you reach a compromise on your case without going to trial.There is a relatively inexpensive community mediation service near you that you could use if you are worried about costs.You can check with the clerk of court or the court's self-help center to find out what services are recommended there.If the damages in your case are less than $50,000, Arizona state law requires you to go to trial.Unlike a non-jury trial before a judge, there are more relaxed rules of evidence and procedure.The facts of the case are applied to the law of Arizona by the arbitrator.The case will be decided by a judge or jury if either side is dissatisfied with the arbitrator's decision.
Step 22: Get ready for trial.
A judge or jury can decide your case if you can't resolve your dispute.You don't have the right to a trial by jury in a small claims case.If you don't receive at least 23 percent more in damages than the other side, the court may impose sanctions which can include the costs and attorney's fees.