questions & answers

Question: My trial was scheduled more than 10 months after the Plaintiff filed a lawsut. It has been over 2 months since my trial and there has been no ruling. Can I file a post trial motion to dismiss based on the 10 month rule in Az? This is a civil debt matter and I filed everything in a timely fashion. At trial the judge halted the trial half way thru as he said he was unfamiliar with the new amended AZ laws. It has been over 365 days since they file a complaint and over 2 months since we both gave him our memorandum of case law after trial. Question is should I wait for a decision or file a motion?

Answer: The following is provided for general information only and should not be considered legal advice. To determine how the law applies to your specific situation, you may wish to consult an attorney directly. S. Justice Court Civ. Proc. Rules, Rule 144 states that if a final judgment has not been entered within ten months from the date a lawsuit is filed, “the court will mail a notice to the plaintiff and to any defendant who has appeared in the lawsuit informing them that unless this requirement is met within two months from the date of mailing, the court will dismiss the lawsuit for failure to have judgment timely entered.” The choice whether to wait for a decision or file a motion to dismiss is entirely yours and advice about which action you should take is beyond the scope of the information this website can provide. You may wish to contact an attorney directly.