Arizona Answer to a Complaint
Arizona gives you 20 days to answer a complaint served in-state, or 30 days if served outside Arizona, under Ariz. R. Civ. P. 12(a)(1)(A). File on time.
Introduction
An Arizona Answer to a Complaint is the written response you file with the clerk of the court named in the summons after you are served with the summons and complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. What sets the Arizona deadline apart is that it depends on where you were served. Under Ariz. R. Civ. P. 12(a)(1)(A), you must file and serve your answer within 20 days after being served with the summons and complaint inside Arizona, but you have 30 days if you were served outside the state under Rule 4.2(m). Arizona has no single statewide answer form that every defendant must use, so unless your county offers a fill-in civil answer form, such as the Maricopa County Civil Answer, you type the answer as a pleading on a caption that complies with Ariz. R. Civ. P. 10(a). You file it with the clerk of the court named in the summons and serve a copy on the plaintiff under Ariz. R. Civ. P. 5(c). Miss the deadline and the plaintiff can seek a default under Ariz. R. Civ. P. 55(a). DocDraft drafts an Arizona-formatted answer from your facts, with attorney review available before you file.
Key Things to Know
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Your deadline depends on where you were served. Under Ariz. R. Civ. P. 12(a)(1)(A) you must file and serve your answer within 20 days after being served inside Arizona, or within 30 days if you were served outside the state under Rule 4.2(m).
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There is no single statewide answer form. Arizona does not require one form that every defendant must use. Some counties offer a fill-in civil answer form, such as the Maricopa County Civil Answer, but otherwise you type the answer as a pleading on a caption that complies with Ariz. R. Civ. P. 10(a).
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Small claims still requires a written answer. Under A.R.S. Section 22-514 the summons in a small claims case requires the defendant to answer in all cases within 20 days, commencing from the date of service, and a default can be entered if no answer is filed.
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An eviction case has no separate written answer deadline. In a special detainer (eviction), under A.R.S. Section 33-1377(B) the summons sets an initial appearance not more than six nor less than three days from the date of the summons, and under Ariz. R. P. Evic. Act. 7 you may answer orally in court or in writing at that appearance.
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There is a filing fee, with a waiver. The minimum base civil answer fee in Superior Court is $148.00, and local county fees may increase it. If you cannot afford it, you can file an Application for Deferral or Waiver of Court Fees and Costs.
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A related claim may be compulsory. Under Ariz. R. Civ. P. 13(a) a counterclaim that arises out of the same transaction or occurrence is compulsory and must be raised with your answer, and the statute of limitations on a written contract is six years under A.R.S. Section 12-548.
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Where the case is heard depends on the amount. Justice Court hears general civil claims up to $10,000 and Superior Court hears claims over $10,000, while the Small Claims Division of Justice Court handles claims up to $5,000.
Key Decisions
Answer to a Complaint Requirements
The full name of the court and judicial district where the lawsuit was filed, exactly as it appears on the summons.
The plaintiff's and defendant's full legal names as listed in the complaint, with you named as the defendant.
The case or docket number assigned by the court, found on the summons and the complaint.
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Arizona Requirements for Answer to a Complaint
In a general civil case your answer is due within 20 days after you are served with the summons and complaint inside Arizona, or within 30 days if you were served outside the state, under Ariz. R. Civ. P. 12(a)(1)(A) and Rule 4.2(m). A small claims answer is due within 20 days of service under A.R.S. Section 22-514.
Arizona has no single statewide answer form. Some counties offer a fill-in civil answer form, such as the Maricopa County Civil Answer, but otherwise you type the answer as a pleading on a caption that complies with Ariz. R. Civ. P. 10(a), responding to the allegations and stating your defenses.
Caption the answer for the court named in the summons under Ariz. R. Civ. P. 10(a). General civil claims up to $10,000 are heard in Justice Court and claims over $10,000 in Superior Court, while the Small Claims Division of Justice Court handles claims up to $5,000. Include the case number, the parties' names, and the title Defendant's Answer.
File your answer with the clerk of the court named in the summons. You may file in person, by mail, or through an authorized Electronic Filing Service Provider under ACJA Section 1-901, and e-filing is generally not mandatory for self-represented litigants.
Under Ariz. R. Civ. P. 5(c), serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail, hand delivery, or electronically if consented to, and file proof of service with the court.
The minimum base civil answer fee in Superior Court is $148.00, and local county fees may increase it. If you cannot afford the fee, file an Application for Deferral or Waiver of Court Fees and Costs, based on receiving TANF or food stamps, legal aid representation, or income between 150% and 225% of the federal poverty level.
State each affirmative defense you intend to rely on under Ariz. R. Civ. P. 8(c), such as statute of limitations, accord and satisfaction, payment, fraud, or waiver. The statute of limitations on a written contract is six years under A.R.S. Section 12-548, a frequent defense in debt collection cases.
Under Ariz. R. Civ. P. 13(a), a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and must be raised with your answer, or you can lose the right to bring it later. A claim from a different transaction may be raised as a permissive counterclaim.
Frequently Asked Questions
In a general civil case, Ariz. R. Civ. P. 12(a)(1)(A) requires you to file and serve your answer within 20 days after you are served with the summons and complaint inside Arizona, or within 30 days if you were served outside Arizona under Rule 4.2(m). The deadline differs by track. A small claims answer is due within 20 days of service under A.R.S. Section 22-514, and in an eviction the summons sets an initial appearance three to six days out under A.R.S. Section 33-1377(B), where you may answer orally or in writing. Missing your deadline can lead to a default judgment.
Arizona has no single statewide answer form that every defendant must use. Some counties provide a fill-in civil answer form, such as the Maricopa County Civil Answer, available through the court self-service center. Otherwise you type the answer as a pleading on a caption that complies with Ariz. R. Civ. P. 10(a), responding to the allegations and stating your affirmative defenses. The Arizona self-service center publishes civil forms you can use as a starting point.
File your answer with the clerk of the court named in the summons. General civil claims up to $10,000 are heard in Justice Court, and claims over $10,000 are heard in Superior Court, while the Small Claims Division of Justice Court handles claims up to $5,000. You may file in person, by mail, or through an authorized Electronic Filing Service Provider, and e-filing is generally not mandatory for self-represented litigants.
The minimum base civil answer fee in Superior Court is $148.00, and local county fees may increase this amount. If you cannot afford the fee, you can file an Application for Deferral or Waiver of Court Fees and Costs. Eligibility is based on receiving TANF or food stamps, having a non-profit legal aid representative, or having income between 150% and 225% of the federal poverty level.
If you do not answer, the plaintiff can seek a default under Ariz. R. Civ. P. 55(a). If you plead or otherwise defend within the 10-day period after the application for default, the default does not become effective. After a default judgment is entered, you may be able to file a Motion to Set Aside Default Judgment within a reasonable time and not more than six months under Ariz. R. Civ. P. 60(c)(1), by showing mistake, inadvertence, surprise, or excusable neglect under Rule 60(b)(1).
Yes, and you may be required to. Under Ariz. R. Civ. P. 13(a), a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and must be raised with your answer, or you can lose the right to bring it later. A claim arising from a different transaction may be raised as a permissive counterclaim. The statute of limitations on a written contract is six years under A.R.S. Section 12-548.