Arizona > Local County > Maricopa > Justice Court > Small Claims
Motion To Vacate Judgment - Arizona
| Motion To Vacate Judgment Form. This is a Arizona form and can be used in Small Claims Justice Court Maricopa Local County . |
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Maricopa County Justice Courts, Arizona Select a court from the drop down arrow at right >>>>> CASE NUMBER: ( ) - ( ) - Plaintiff(s) Name / Address / Phone Defendant(s) Name / Address / Phone ( ) MOTION to VACATE JUDGMENT ORAL ARGUMENT REQUESTED ( ) - Attorney for Plaintiff(s) Name / Address / Phone Attorney for Defendant(s) Name / Address / Phone MOTION TO MODIFY JUDGMENT BY AGREEMENT I am the Plaintiff Defendant in this case. I would like the court to: On penalty of perjury I state that the foregoing is true and correct. Date: Plaintiff Defendant I CERTIFY that I delivered / mailed a copy of this MOTION to: Plaintiff at the above address Date: Plaintiff's attorney By Plaintiff Defendant Defendant at the above address Defendant's attorney NOTICE TO MOVING PARTY: If the time to appeal the judgment has expired, service by process server or service by any other methods of service provided for service of summons in Rule 4, 4.1, or 4.2 Rules of Civil Procedure, is required. Proof of service must be filed with the court. If the time to appeal the judgment has not expired the motion is required to be served by first class mail. NOTICE TO RESPONDENT: You have ten (10) judicial days after service of this motion to file a written response, if you wish to do so. If no response is given, the Court will consider the relief requested and will enter an order without hearing any objection you may have. CV 8150-134.01 R: 5/6/11 American LegalNet, Inc. www.FormsWorkFlow.com Maricopa County Justice Courts INSTRUCTIONS for FILING and SERVING a MOTION to VACATE or MODIFY JUDGMENT CIVIL EVICTION ACTION / SPECIAL DETAINER SMALL CLAIMS 1. Check one (1) of the boxes on the form (Vacate or Modify). 2. Complete the Motion form. Explain why you failed to appear. Explain the legal reason why the judgment should be vacated, set aside, or modified. 3. Sign the motion form. 4. Return the completed form to the court clerk and pay the appropriate filing fee (if applicable). 5. Serving the Motion on the other party. The other party must be served with a copy of the motion. If the time to appeal the judgment has not expired, the other party may be served by first class mail. If the time to appeal the judgment has expired, the other party must be served in the manner provided for service of summons in Rule 4, 4.1 or 4.2 Rules of Civil Procedure. Most generally a licensed process server is used to serve court papers. Proof of service must be filed with the court. Your process server is required to file an affidavit with the court stating the date, the time, where and upon who service was made and to provide you with a copy of the affidavit. 6. The opposing party has ten (10) judicial days after service of the motion (or, if expedited, within the time fixed by the Judge) to file a written response. Any response filed must also be served upon you by first class mail. If the opposing party does not file a written response the court will consider the relief requested and enter an appropriate order. 7. The court will consider your request and any supporting documentation offered and the opposing party's response, if any. 8. The court will rule on the motion either without a hearing, or will set the matter for hearing and oral argument. If a hearing is set the court will notice all parties of the hearing date and you must appear and be prepared to present your argument to the court as to why the judgment should (or should not) be vacated or modified as requested. 9. The court will mail a copy of its ruling to all parties. CV 8150-134.02 R: 5/6/11 American LegalNet, Inc. www.FormsWorkFlow.com
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