What are the steps for filing a motion for summary judgment?

Filing a motion for summary judgment in Arizona requires several steps. First, a party must draft and file a motion for summary judgment. This document must outline the party’s legal claims and explain why the court should grant the motion without a trial. The motion must also include a supporting memorandum and any other evidence the party wishes to use. Second, the court must receive service of the motion. Service means the other party was delivered a copy of the motion and was given the chance to respond. In Arizona, service may be done in person or through certified mail. Third, the other party must be given notice and the opportunity to respond. This means the other party must be provided with the motion and a deadline to file a response to the motion. Fourth, the court must hold a hearing on the motion. This is where the parties present their arguments and evidence to the court. The court will then decide if summary judgment should be granted or denied. Finally, the court will issue an order. This order will explain the court’s decision on the motion. If the motion is granted, the case is over and no trial will be required. If the motion is denied, then the case will proceed to trial.

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