joint report and proposed scheduling order, witness and exhibit list

[evilsorcerer1]

(Arizona) Is the witness and exhibit list or joint report and proposed scheduling order generally filed first? I'm the plaintiff in a civil matter in Mohave County Superior Court. Am I correct that the joint report and proposed scheduling order must be filled out by both the plaintiff and defendant?

 

[quincy]

(Arizona) Is the witness and exhibit list or joint report and proposed scheduling order generally filed first? I'm the plaintiff in a civil matter in Mohave County Superior Court. Am I correct that the joint report and proposed scheduling order must be filled out by both the plaintiff and defendant?

As the plaintiff in a civil action, you need to know the Rules of Civil Procedure. Some of what you don't know about filings can be answered by the court clerk.

Here are two links:

Arizona Courts, assorted links: https://www.azcourts.gov/rules/Recent-Amendments/Rules of Civil Procedure

Arizona Rules of Civil Procedure: https://govt.westlaw.com/azrules/Index?_lrTS=201660108043415668&transitionType=Default&contextData=(sc.Default)

 

[evilsorcerer1]

What is my next step now?

I read through the Rules of Civil Procedure, although I read them recently and have been studying them. I'm going to divulge some more information about my case because it may help in the answering of my question/questions. I filed my complaint on 11/04/2015. The defendant, after receiving a summons from me, filed an answer to the complaint requesting the complaint be dismissed. After I received the answer I went to the courthouse to ask the clerk what my next step should be in the case. I was told I could file a response if I wanted to, so I did (on 12/28/2015). The response stated why I thought the complaint was valid and should not be dismissed. Since then I received the initial disclosure from the defendant and also mailed my initial disclosure to them. So what might be the next step I would take to move this case forward, because I am eager to do so?

 

[Zigner]

I read through the Rules of Civil Procedure, although I read them recently and have been studying them. I'm going to divulge some more information about my case because it may help in the answering of my question/questions. I filed my complaint on 11/04/2015. The defendant, after receiving a summons from me, filed an answer to the complaint requesting the complaint be dismissed. After I received the answer I went to the courthouse to ask the clerk what my next step should be in the case. I was told I could file a response if I wanted to, so I did (on 12/28/2015). The response stated why I thought the complaint was valid and should not be dismissed. Since then I received the initial disclosure from the defendant and also mailed my initial disclosure to them. So what might be the next step I would take to move this case forward, because I am eager to do so?

Why would you ask the clerk for legal advice?

 

[evilsorcerer1]

Why I asked the clerk for legal advice.

Since I'm not an expert at law (not even close), and this lawsuit means a lot to me, I thought I should find out what my next step should be. I felt if I didn't take steps the case might be dismissed or delayed.

 

[Zigner]

Since I'm not an expert at law (not even close), and this lawsuit means a lot to me, I thought I should find out what my next step should be. I felt if I didn't take steps the case might be dismissed or delayed.

The clerk at the court is prohibited by LAW from giving legal advice.

 

[evilsorcerer1]

As I was studying some time back, I came across a statement that stated it is forbidden to ask the clerk for legal advice, but also stated questions regarding formal procedures are allowed. When I asked the clerk she seemed to have no problem answering the question.

 

[quincy]

As I was studying some time back, I came across a statement that stated it is forbidden to ask the clerk for legal advice, but also stated questions regarding formal procedures are allowed. When I asked the clerk she seemed to have no problem answering the question.

First, following is a link to the Code of Conduct for Judicial Employees, Section 1-303, that tells you (in Rule 2.6 on page 11) what a court clerk is able to assist you with and what a court clerk cannot help you with.

https://www.azcourts.gov/Portals/0/admcode/pdfcurrentcode/1-303_New_1-13-10.pdf

Essentially, what you can learn from a court clerk is what you can learn from an online forum. A court clerk can provide legal information, explain court procedures, define legal terms, provide public case information ... but a court clerk cannot do research for a consumer to assist with a case or provide legal advice. It is a fine line that must be walked so that non-attorneys do not risk practicing law without a license.

Here is another link that you might find helpful - with downloadable guides to representing yourself (with a plaintiff checklist):

https://www.azcourts.gov/selfservicecenter/Self-Service-Forms

It is always recommended that, if you want to ensure all is properly drafted and filed, you consult with an attorney in your area for a personal review.

Good luck, evilsorcerer1.

 

[evilsorcerer1]

Response to a court order

I filed a civil lawsuit in Mohave County Superior Court (Arizona) for $900,000. I received a court order from the judge stating the lawsuit would go to arbitration because he didn't think the lawsuit was worth more than that. Can I file a response or some other document with my reasons why I feel the case should go to court for the original amount I requested.

 

[quincy]

I filed a civil lawsuit in Mohave County Superior Court (Arizona) for $900,000. I received a court order from the judge stating the lawsuit would go to arbitration because he didn't think the lawsuit was worth more than that. Can I file a response or some other document with my reasons why I feel the case should go to court for the original amount I requested.

Why would there be such a vast difference between what you think the suit is worth ($900,000) and what the judge thinks it is worth (under $50,000)?

Arbitration decisions can be appealed.

 

[evilsorcerer1]

According to the court order I received I didn't show allegations of physical harm in my original complaint, and I didn't request punitive damages in a prayer. I've already completed a motion with my allegations of physical harm and a request for punitive damages, but I haven't filed it yet. I'm checking if a motion is the proper method of disputing a court order. My only real worry is if the judge will even read the motion since he already made a ruling for arbitration. Do judges receive each document filed with the court in a case?