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The Motion Maricopa County form serves as a crucial tool for individuals seeking to present their requests before the court in a structured manner. This form not only facilitates the filing process but also ensures that parties adhere to the procedural requirements set forth by the court. When filling out the motion, it is essential to prepare multiple copies, including the original and conformed copies, which serve as proof of filing. Additionally, the process requires the inclusion of self-addressed stamped envelopes, ensuring that both the filing party and the opposing party receive necessary documentation. Once the motion is submitted, the judge will review it and either sign the original order or provide a minute entry that communicates the decision regarding the motion. This clarity is vital, as failure to follow the outlined procedures can lead to delays in the case. It is also important to note that this motion form is not intended to initiate a new court case; using an incorrect form may result in the denial of the motion and additional costs. Individuals are encouraged to consult legal resources or professionals when navigating this process to avoid potential pitfalls and ensure a smoother experience in court.

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SELF-SERVICE CENTER

PROCEDURES: WHAT TO DO WITH THE MOTION

WHEN YOU HAVE FILLED IT OUT

STEP1: COPIES AND ENVELOPES.

Make three (3) copies of the Motion that follows;

Make two (2) copies of the Order that follows the Motion;

Prepare two (2) self-addressed stamped envelopes; one addressed to you and one addressed to the other party.

FILE THE ORIGINAL MOTION with the Clerk of Court and ask to have all copies stamped as well. These are called “conformed copies” and serve as proof that the original was filed.

PROCESSING YOUR MOTION. Give the following to the Judge assigned to your case:

One (1) conformed copy of the Motion;

Original plus two (2) copies of the Order;

Two (2) self-addressed, stamped envelopes

MAIL OR DELIVER A COPY of the Motion to the other party in your case and keep one (1) copy for your own records.

STEP 2: WAIT TO RECEIVE A NOTICE FROM THE COURT. Once you have delivered your Motion and Order, the Judge will either sign the original Order and send a copy to you in the envelope you provided OR issue a MINUTE ENTRY telling you whether or not your Motion has been granted.

NOTE: FAILURE TO FOLLOW THE ABOVE PROCEDURES COULD RESULT IN A

DELAY IN YOUR CASE.

PLEASE NOTE:

This blank motion form should not be used to start a court case. If you do not use the correct form, a judge or court commissioner may deny the motion. This may cause you to incur unnecessary filing fees and delay the time in getting your issue before the court. If the Self-Service Center does not have the specific form or packet for a process which you need, you may contact the Superior Court Law Library at 602-506-3461 or by email at: [email protected]. A Law Librarian MAY BE ABLE TO explain the statutory and procedural requirements AND MAY BE ABLE TO provide a sample motion form to help you draft your own motion.

Note: It is always best to consult with a lawyer before filing legal documents. The Self- Service Center website provides various resources that can help you find a lawyer at a reduced rate.

© Superior Court of Arizona in Maricopa County

GN10f-100113

ALL RIGHTS RESERVED

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Person Filing:

 

 

 

 

Address (if not protected):

 

 

 

City, State, Zip Code:

 

 

 

Telephone:

 

 

 

 

Email Address:

 

 

 

 

Lawyer’s Bar Number:

 

 

FOR CLERK’S USE ONLY

Representing

Self, without a Lawyer or

Attorney for

Petitioner OR

Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Case Number:

Name of Plaintiff or Petitioner

Title:

Name of Defendant or Respondent

Explain what you want the Court to order. The Judge may grant, deny, or change your request (or “motion”). A ruling will be issued by “minute entry.”

© Superior Court of Arizona in Maricopa County

GN10f-100113

ALL RIGHTS RESERVED

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Today’s Date:

Your Signature

© Superior Court of Arizona in Maricopa County

GN10f-100113

ALL RIGHTS RESERVED

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Case No.

This page must be completed and attached to the LAST page of your Motion/Request

I filed the ORIGINAL of the attached document(s) with the Clerk of the Superior Court

in Maricopa County on:

 

 

 

.

 

Month

Date

Year

I mailed/delivered a COPY of the attached document(s) to the Judicial Officer assigned

to my case, Judge (or Commissioner):

 

, on

 

(Judicial Officer assigned to your case)

Month Date Year

I mailed/delivered a COPY of the attached document(s) on this date:

To: __________________________________

Month Date Year

(You must mail a copy of all documents to the other side and his/her lawyer)

Name of Other Side

Name of Other Side’s Lawyer

 

 

Address

Lawyer’s Address

 

 

City, State, Zip

City, State, Zip

By signing below, I state to the Court, under penalty of law, that the information stated on these pages is true and correct to the best of my knowledge and belief.

I further state that I have filed/mailed the attached document(s) as shown above. I understand that if I do not file/mail the attached document(s) as shown above, the judge in my case will not read my request/motion.

Your signature

© Superior Court of Arizona in Maricopa County

GN10f-100113

ALL RIGHTS RESERVED

Page 4 of 5

5868

Person Filing:

 

 

 

 

Address (if not protected):

 

 

 

City, State, Zip Code:

 

 

 

Telephone:

 

 

 

 

Email Address:

 

 

 

 

Lawyer’s Bar Number:

 

 

FOR CLERK’S USE ONLY

 

 

 

 

Representing

Self, without a Lawyer or

Attorney for

Petitioner OR

Respondent

SUPERIOR COURT OF ARIZONA

IN MARICOPA COUNTY

Case Number:

Name of Plaintiff or Petitioner

ORDER

Name of Defendant or Respondent

When you submit a motion [a request] to the Court, you may submit your own proposed version of the Order you want the Judge to sign. IF this motion is a stipulation [an agreement or joint request] presented by two or more parties, you MUST submit your own proposed version of the Order. [Maricopa County Local Rule 3.2 (i)(1)].

The Judicial Officer will make a decision on your request and may sign the page that you submitted, or more likely will direct the Clerk to make a “minute entry” recording the decision. A “minute entry” is a note in the records of the Court’s proceedings. The minute entry will be printed, reviewed, approved and signed by the Judge, and sent to all parties.

If you have submitted your own proposed Order, you must include a copy of the Request and the Order and a stamped envelope addressed to each party who has “entered an appearance” in the case. This means named parties or anyone that has filed papers in the case. [Maricopa County Local Rule 3.2 (i)(1)].

IT IS ORDERED THAT:

DONE IN OPEN COURT:

.

 

 

 

 

 

 

 

JUDGE/COMMISSIONER

 

© Superior Court of Arizona in Maricopa County

 

 

GN10f-100113

ALL RIGHTS RESERVED

 

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Motion Maricopa County: Usage Guidelines

Once you have filled out the Motion Maricopa County form, it is important to follow specific steps to ensure that your motion is processed correctly. This involves making copies, preparing envelopes, and submitting your documents to the court. Adhering to these procedures will help prevent delays in your case.

  1. Make Copies and Prepare Envelopes:
    • Create three (3) copies of the Motion.
    • Make two (2) copies of the Order that follows the Motion.
    • Prepare two (2) self-addressed stamped envelopes: one for yourself and one for the other party.
  2. File the Original Motion:
    • Take the original Motion to the Clerk of Court.
    • Request that all copies be stamped as "conformed copies." This serves as proof that the original was filed.
  3. Process Your Motion:
    • Provide the Judge assigned to your case with one (1) conformed copy of the Motion.
    • Submit the original plus two (2) copies of the Order.
    • Include the two (2) self-addressed, stamped envelopes.
  4. Mail or Deliver a Copy:
    • Send a copy of the Motion to the other party in your case.
    • Keep one (1) copy for your own records.
  5. Wait for a Notice from the Court:
    • After delivering your Motion and Order, wait for the Judge to either sign the original Order and send a copy back to you or issue a Minute Entry indicating whether your Motion has been granted.

By following these steps carefully, you can ensure that your motion is filed correctly and that the court receives all necessary documentation. Remember, any oversight could result in delays, so attention to detail is crucial.

Common mistakes

  1. Failing to make the required number of copies. Individuals often overlook the need to create three copies of the Motion and two copies of the Order. This oversight can lead to delays.

  2. Not preparing self-addressed stamped envelopes. It is crucial to provide two self-addressed stamped envelopes, one for yourself and one for the other party. Forgetting this step can result in not receiving important documents.

  3. Neglecting to file the original Motion with the Clerk of Court. Without filing the original, the process cannot proceed, and the Motion may not be considered by the Judge.

  4. Submitting the wrong form. Using an incorrect form can lead to a denial of the Motion by the Judge or court commissioner, potentially incurring unnecessary fees.

  5. Failing to deliver a copy of the Motion to the other party. It is essential to mail or deliver a copy of the Motion to ensure that all parties are informed and can respond accordingly.

  6. Not waiting for a notice from the court. After submitting the Motion and Order, individuals must wait for a response from the Judge. Rushing this step can lead to confusion about the status of the Motion.

  7. Ignoring the need for a proposed Order in case of a stipulation. If the Motion is a joint request from multiple parties, a proposed Order must be included; otherwise, the Motion may be denied.

  8. Not consulting with a lawyer before filing. While self-filing is an option, seeking legal advice can help clarify the process and ensure that all requirements are met.

Documents used along the form

When filing a Motion in Maricopa County, several other forms and documents are often required or recommended to ensure proper processing and compliance with court rules. Below is a list of these documents, along with brief descriptions of each.

  • Order Form: This document outlines the specific ruling you are requesting from the court. It should accompany your motion and may need to be signed by the judge.
  • Notice of Motion: This form notifies the other party of your intention to file a motion. It ensures that all parties are aware of the upcoming proceedings.
  • Certificate of Service: This document confirms that you have provided copies of your motion and other documents to the other party. It is essential for maintaining transparency in the process.
  • Self-Addressed Stamped Envelopes: These are envelopes you provide, pre-stamped and addressed to yourself and the other party. They facilitate the return of documents from the court.
  • Affidavit: This is a sworn statement that may support your motion. It can provide additional context or evidence to strengthen your case.
  • Exhibit List: If you have documents or evidence to support your motion, this list details what those items are and how they relate to your request.
  • Response to Motion: If the other party wishes to contest your motion, they will submit this document. It outlines their objections and arguments against your request.
  • Minute Entry: This is a record of the court's decision regarding your motion. It summarizes the judge's ruling and is important for your case documentation.
  • Case Information Sheet: This form provides essential details about your case, including the names of the parties involved and the nature of the dispute.

Each of these documents plays a crucial role in the motion process. Ensuring that you have all necessary forms prepared can help prevent delays and complications in your case. Always consider seeking legal advice to navigate these requirements effectively.

Similar forms

  • Motion to Dismiss: Similar to the Motion Maricopa County form, this document requests the court to dismiss a case. Both require specific formatting and submission procedures to ensure they are considered by the judge.
  • Motion for Summary Judgment: This motion seeks a judgment without a trial, asserting that there are no factual disputes. Like the Maricopa County form, it necessitates a clear explanation of what the party wants the court to order.
  • Motion for Change of Venue: This document requests the court to move a case to a different location. Both motions involve similar procedural steps, including filing with the court and notifying other parties.
  • Motion for Temporary Restraining Order: This urgent request aims to prevent harm until a hearing can be held. It shares the need for a clear request and proper filing with the court, as seen in the Maricopa County form.
  • Motion for Discovery: This document asks the court to compel the other party to provide evidence. Both require a thorough explanation of the request and follow specific filing protocols.
  • Motion to Compel: Similar to the Motion for Discovery, this document requests the court to enforce compliance with discovery requests. Both forms emphasize the importance of clear communication and adherence to court procedures.
  • Motion for Reconsideration: This document asks the court to review and change a previous ruling. It follows similar guidelines for submission and requires a clear rationale for the request, akin to the Maricopa County form.
  • Motion for Continuance: This motion requests a delay in proceedings. Both documents require a valid reason for the request and must be filed with the court, notifying all involved parties.
  • Motion to Intervene: This document allows a third party to join ongoing litigation. Like the Maricopa County form, it necessitates a formal request and compliance with specific filing rules.
  • Motion for Protective Order: This motion seeks to protect a party from harassment or undue burden. Both documents involve a clear request and must follow the proper procedures for court submission.

Dos and Don'ts

When filling out the Motion Maricopa County form, there are important steps to follow. Here is a list of what you should and shouldn't do:

  • Do make three copies of the Motion and two copies of the Order.
  • Do prepare two self-addressed stamped envelopes, one for yourself and one for the other party.
  • Do file the original Motion with the Clerk of Court and request conformed copies.
  • Do deliver a copy of the Motion to the other party and keep one for your records.
  • Don't forget to wait for a notice from the court after submitting your documents.
  • Don't use this blank motion form to start a new court case.
  • Don't neglect to consult with a lawyer if you have questions about the process.
  • Don't assume that the court will accept your motion if it is not on the correct form.

Following these guidelines will help ensure your motion is processed smoothly. Take your time and double-check your work to avoid unnecessary delays.

Misconceptions

  • Misconception 1: The Motion Maricopa County form can be used to start any court case.
  • This is incorrect. The form is specifically designed for submitting motions in ongoing cases, not for initiating new legal actions. Using the wrong form may lead to denial and additional filing fees.

  • Misconception 2: Only one copy of the Motion is needed for filing.
  • In fact, you must prepare three copies of the Motion and two copies of the Order. This ensures that all parties involved, including the court, have the necessary documentation.

  • Misconception 3: Mailing the Motion to the court is sufficient.
  • Simply mailing the Motion is not enough. You must file the original Motion with the Clerk of Court and obtain conformed copies to serve as proof of filing.

  • Misconception 4: The Judge will automatically grant your Motion.
  • There is no guarantee that the Judge will approve your request. The Judge will review the Motion and either grant, deny, or modify it, which will be communicated through a minute entry.

  • Misconception 5: You do not need to inform the other party about the Motion.
  • It is essential to mail or deliver a copy of the Motion to the other party involved in the case. Keeping them informed is a critical part of the process.

  • Misconception 6: You can file the Motion without consulting a lawyer.
  • While it is possible to file without legal representation, it is highly recommended to consult with a lawyer. They can provide guidance on the best approach and ensure that all procedural requirements are met.

Key takeaways

Key Takeaways for Using the Motion Maricopa County Form:

  1. Make sure to create three copies of your Motion and two copies of the Order. This is essential for filing and distribution.
  2. Always include two self-addressed stamped envelopes—one for yourself and one for the other party. This ensures you receive important documents promptly.
  3. File the original Motion with the Clerk of Court. Request that all copies be stamped as conformed copies. This serves as proof that you filed the original.
  4. After submitting your Motion, wait for a notice from the court. The Judge will either sign your Order or issue a minute entry regarding your request.
  5. Using the correct form is crucial. If you submit the wrong form, your Motion could be denied, leading to unnecessary fees and delays.