Civil Case Flow

Waiting and waiting for justice does take time. Getting this case in front of the judge is very frustrating.

<><> <><><><> <><> <><> <><><><> <><> <><> <><><><> <><> <><> <><> Civil Case Flow Civil Court > Civil Case Flow

<><> <><><><> <><> <><> <><><><> <><> <><> <><> Complaint Time Period: Within the applicable Statute of Limitations Definition: This is the first document filed by the Plaintiff to start the lawsuit. It is a brief statement of the Plaintiff's claims against the Defendant. See, ARCP, Rules 3, 7-15 & ARS §12-501 et seq [2] <><> <><><><> <><> <><> <><><><> <><> <><> <><> Service of Complaint Time Period: Within 120 days of filing of the Complaint Definition: Once the Complaint is filed the Plaintiff must serve the Summons and Complaint upon the Defendant. This gives the Defendant notice that a lawsuit has been filed and informs the Defendant what must be done to respond to the lawsuit. See, ARCP Rules 4-4.2 <><> <><><><> <><> <><> <><><><> <><> <><> <><> Answer Time Period: Within 20 days of Service of Complaint Definition: This is the pleading filed by the Defendant that responds to the claims made by the Plaintiff in the Complaint. See, ARCP 7-15 & ARCP Rule 12 <><> <><><><> <><> <><> <><><><> <><> <><> <><> Default (if no answer is filed) Time Period: After 20 days of Service of Complaint Definition: If a Defendant does not file an Answer or Rule 12 Motion, after having been served with a Complaint, the Plaintiff may proceed to obtain a judgment by default. See, ARCP, Rule 55 <><> <><><><> <><> <><> <><><><> <><> <><> <><> Disclosure/Discovery Time Period: Occurs between Answer and Trial (See, Disclosure & Discovery page [3]) Definition: This is the process by which the parties learn from each other about the facts of the case and the position each party is taking with each issue in the case. There are a number of duties and procedures that govern the exchange of this information between the parties. See, ARCP Rules 26-37 [3] <><> <><><><> <><> <><> <><><><> <><> <><> <><> Motion to Set / Certificate of Readiness Time Period: After Answer and within 9 months of filing Complaint Definition: Once an Answer has been filed, any party may file a Motion to Set/Certificate of Readiness. This document informs the Court whether the case is subject to compulsory arbitration (in which case the lawsuit is referred to arbitration) or can be set for a trial. Certain information is required so the Court can determine when to set the trial date. See, ARCP Rule 38 and Rule 72-76 <><> <><><><> <><> <><> <><><><> <><> <><> <><> Arbitration Time Period: After Defendant files an Answer Definition: By Arizona Statute and Court Rule, civil cases, where the amount in controversy is less than $50,000.00, must be heard in an arbitration proceeding. In an arbitration an attorney is appointed by the Court to hear the case and make a decision. Arbitration hearings are much simpler than a trial and can be heard much quicker. If either party is dissatisfied with the arbitration award they can appeal and have a new trial by the Court. See, ARCP Rule 72-76 [4] <><> <><><><> <><> <><> <><><><> <><> <><> <><> Trial Notice Time Period: Within 30 days of filing Motion to Set Definition: If a case is set for trial, the Court will issue a trial notice that informs the parties whether the case is set for trial before a jury or the Court, the date of the trial, and the number of days the trial will take. Other information is included in the trial notice regarding practice and procedures before the Court. Based on custom and practice [2] <><> <><><><> <><> <><> <><><><> <><> <><> <><> Pretrial Conference Time Period: At any time, but earlier is better Definition: In more complex cases and in medical malpractice cases a Pretrial Conference is held. At the Pretrial Conference deadlines for disclosure and discovery are set. This allows for the timely and orderly preparation of the case for trial. See, ARCP Rule 16(a) <><> <><><><> <><> <><> <><><><> <><> <><> <><> Status Conference Time Period: 60 days prior to Trial Definition: This is held approximately 60 days before trial. At the conference the Court confers with the parties to determine if the lawsuit may proceed to trial as scheduled and to resolve any outstanding issues that may interfere with proceeding to trial as scheduled. See, ARCP Rule 16(d) <><> <><><><> <><> <><> <><><><> <><> <><> <><> Trial Time Period: Typically within 9 months of Motion to Set Definition: This is the actual presentation of the Plaintiff's lawsuit to the Judge and/or jury for decision. See, ARCP Rules 38-52 Notes: The above time frames set forth the general sequence of a simple and typical civil action. There are many special circumstances, rules, or situation that may alter the time frames or steps shown above. This chart is not meant to be all inclusive of all cases and is meant only for illustrative purposes. ARS - refers to the Arizona Revised Statutes ARCP - refers to the Arizona Rules of Civil Procedure Custom and practice - refers to the typical time frame the Court will do something but is not governed specifically by rule or statute. See Civil page "Disclosure and Discovery" for an expanded discussion of this process. See Civil page "Arbitration" for an expanded discussion of the arbitration process.