DocDraft Logo

Arizona Motion to Dismiss

In Arizona you move to dismiss under Ariz. R. Civ. P. 12(b) within 20 days in-state, 30 out-of-state.

Introduction

In Arizona, a defendant challenges a complaint before answering by filing a motion to dismiss under Ariz. R. Civ. P. 12(b). Arizona keeps the federal vehicle name and structure: the pre-answer dismissal motion is a motion to dismiss, not a demurrer or preliminary objections. Rule 12(b) lets you assert defenses by motion in lieu of an answer, with failure to state a claim upon which relief can be granted, asserted under Rule 12(b)(6), being the headline ground for attacking a legally insufficient complaint. The motion shares the answer window: it is filed as an other responsive pleading within 20 days after being served with the summons and complaint inside Arizona, or 30 days if you were served outside the state. Filing the motion before the answer is due is the pre-answer posture. A written motion must be accompanied by a supporting memorandum under Rule 7.1(a), and Arizona practice contemplates lodging a proposed form of order under Rule 7.1(e). One genuinely Arizona-specific feature is that Order R-20-0028 amended Rule 12 to require good-faith consultation before filing certain Rule 12 motions, a step federal Rule 12 lacks. Missing the window risks a default. DocDraft drafts an Arizona-formatted motion from your facts, with attorney review available before you file.

0/5000

Key Things to Know

  1. 1

    The Arizona vehicle is a motion to dismiss under Ariz. R. Civ. P. 12(b), which tracks the federal rule. Arizona uses the federal name, not a demurrer (California, Virginia) or preliminary objections (Pennsylvania). The motion is filed before the answer as an other responsive pleading under Rule 12(a)(1)(A).

  2. 2

    Rule 12(b) lets a party assert defenses by motion, structured like Fed. R. Civ. P. 12(b): lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, failure to state a claim upon which relief can be granted, and failure to join a party under Rule 19. Confirm the exact enumerated grounds against the current Arizona Rule 12(b) text before filing.

  3. 3

    The motion shares the answer window rather than carrying its own deadline. It must be filed within 20 days after being served with the summons and complaint inside Arizona, or 30 days if you were served outside the state under Rule 4.2(m). Filing the motion in lieu of the answer is the pre-answer posture.

  4. 4

    Because the motion is filed in place of the answer, it suspends the obligation to answer while it is pending. The exact number of days you have to answer if the court denies the motion is set by the Arizona rules; confirm the post-denial answer period in the current Rule 12 text before relying on a specific count.

  5. 5

    Order R-20-0028 amended Rule 12 to require good-faith consultation before filing certain Rule 12 motions. The rule index describes this as applying to certain motions, not all, so confirm whether your specific 12(b) ground triggers the consultation duty and how to certify it; check your court's local rules.

  6. 6

    The most common ground is failure to state a claim upon which relief can be granted, asserted under Rule 12(b)(6). It tests whether the complaint, as pleaded, states a legally sufficient claim, and is the Arizona analog to the federal 12(b)(6) motion.

  7. 7

    You file in the Superior Court for the county where the action is pending for general civil claims over $10,000, or in Justice Court for claims up to $10,000. File the motion with the clerk of the court named in the summons. A written motion must be accompanied by a supporting memorandum under Rule 7.1(a).

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

No. ____________________

IN THE [SUPERIOR / JUSTICE] COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF [____________________]

[PLAINTIFF NAME], Case No. ____________________ Plaintiff,

v. DEFENDANT'S MOTION TO DISMISS UNDER ARIZ. R. CIV. P. 12(b) [DEFENDANT NAME], Defendant.

DEFENDANT'S MOTION TO DISMISS UNDER ARIZ. R. CIV. P. 12(b)

Defendant [DEFENDANT NAME], appearing before any answer is due, moves under Ariz. R. Civ. P. 12(b) to dismiss Plaintiff's Complaint, and in support states the following.

I. INTRODUCTION

  1. This is a motion to dismiss filed under Ariz. R. Civ. P. 12(b) as an other responsive pleading in lieu of an answer, within the time allowed under Rule 12(a)(1)(A).

II. GROUNDS

  1. Defendant moves to dismiss on the following ground(s) under Rule 12(b): [identify the Rule 12(b) ground(s), for example failure to state a claim upon which relief can be granted under Rule 12(b)(6); lack of subject-matter jurisdiction under Rule 12(b)(1); lack of personal jurisdiction; improper venue; insufficient process; insufficient service of process; or failure to join a party under Rule 19].

  2. [State specifically why each asserted ground requires dismissal of the Complaint or of the identified claim(s).]

III. MEMORANDUM OF POINTS AND AUTHORITIES

  1. As required by Ariz. R. Civ. P. 7.1(a), this motion is accompanied by the following memorandum of points and authorities. [Set out the legal standard and authorities supporting dismissal. For a Rule 12(b)(6) motion, address why the Complaint, taken as pleaded, fails to state a claim upon which relief can be granted.]

IV. GOOD-FAITH CONSULTATION

  1. [If the asserted ground is one for which Ariz. R. Civ. P. 12, as amended by Order R-20-0028, requires good-faith consultation before filing, state the date and manner of the consultation and certify compliance. Confirm whether the asserted ground triggers this requirement under the current Rule 12 text and any applicable local rule.]

V. PRAYER FOR RELIEF

  1. Defendant respectfully requests that the Court grant this motion, dismiss the Complaint [or the identified claim(s)], and grant all other relief the Court deems just.

A proposed form of order is lodged with this motion under Ariz. R. Civ. P. 7.1(e).

Respectfully submitted this [__] day of [______], [].

[ATTORNEY / PRO SE NAME] [State Bar No., if attorney] [Address] [Telephone / Email] [Attorney for Defendant / Defendant Pro Se]

CERTIFICATE OF SERVICE

I certify that on [DATE] I served a true and correct copy of the foregoing on all parties of record in accordance with the Arizona Rules of Civil Procedure.

[NAME]

Arizona Requirements for Motion to Dismiss

File the motion within the answer window: 20 days in-state, 30 days out-of-state

Under Ariz. R. Civ. P. 12(a)(1)(A), a defendant must file an answer or other responsive pleading within 20 days after being served with the summons and complaint inside Arizona, or 30 days if served outside the state under Rule 4.2(m). A Rule 12 motion is filed in this same window, in lieu of the answer.

File before the answer is due to preserve the pre-answer posture

The Rule 12 motion is an other responsive pleading filed in place of the answer. Filing it before the answer is due is the pre-answer posture; the obligation to answer is suspended while the motion is pending. Confirm the post-denial answer period in the current Rule 12 text.

Identify the Rule 12(b) ground or grounds you are asserting

Ariz. R. Civ. P. 12(b) is structured like the federal rule and permits assertion by motion of lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, failure to state a claim, and failure to join a party under Rule 19. Confirm the exact enumerated grounds against the current Arizona Rule 12(b) text.

For a 12(b)(6) motion, show the complaint fails to state a claim

Failure to state a claim upon which relief can be granted is asserted under Rule 12(b)(6) and is the most common ground. It tests whether the complaint, as pleaded, states a legally sufficient claim. State specifically why the claim fails as pleaded.

Attach a supporting memorandum under Rule 7.1(a)

Under Ariz. R. Civ. P. 7.1(a), a written motion must be accompanied by a supporting memorandum of points and authorities setting out the relief sought and the legal basis. Confirm any page limit and the precise memorandum mandate against the current Rule 7.1 text; check your court's local rules.

Complete any required good-faith consultation before filing

Order R-20-0028 amended Ariz. R. Civ. P. 12 to require good-faith consultation before filing certain Rule 12 motions. The rule applies to certain motions, not all. Confirm whether your specific ground triggers the duty and how to certify it; check your court's local rules.

File in Superior Court or Justice Court and serve all parties

File the motion with the clerk of the court named in the summons. General civil claims over $10,000 are heard in the Superior Court for the county where the action is pending; claims up to $10,000 are heard in Justice Court. Serve all parties of record under the Arizona Rules of Civil Procedure.

Lodge a proposed form of order under Rule 7.1(e)

Arizona practice contemplates lodging a proposed form of order with motions under Ariz. R. Civ. P. 7.1(e). Whether a proposed order is mandatory with every Rule 12 motion or customary depends on the rule and court practice; confirm against the current Rule 7.1(e) text and check your court's local rules.

Frequently Asked Questions

File a motion to dismiss under Ariz. R. Civ. P. 12(b) with the clerk of the court where the action is pending, before your answer is due. The motion should state the Rule 12(b) ground or grounds you are asserting, such as failure to state a claim under Rule 12(b)(6), and be accompanied by a supporting memorandum of points and authorities under Rule 7.1(a).

A Rule 12 motion is filed in the same window as the answer, in lieu of it. That window is 20 days after you are served with the summons and complaint inside Arizona, or 30 days if you were served outside the state under Rule 4.2(m). Filing the motion before the answer is due is the pre-answer posture.

A motion to dismiss in the Superior Court runs under Ariz. R. Civ. P. 12(b), which mirrors the federal rule. One cluster disputes the court's authority or the mechanics of suit: subject-matter and personal jurisdiction, venue, and the sufficiency of process and its service. Distinct is the merits attack, failure to state a claim upon which relief can be granted under Rule 12(b)(6), the most common ground. Failure to join a required party under Rule 19 rounds out the list.

Order R-20-0028 amended Ariz. R. Civ. P. 12 to require good-faith consultation before filing certain Rule 12 motions. The rule describes this as applying to certain motions rather than all, so whether your specific ground triggers the duty, and how to certify it, depends on the amended rule text and your court's local rules.

If the court denies a Rule 12 motion filed in lieu of the answer, the case proceeds and you must then file your answer within the period set by the Arizona Rules of Civil Procedure. Because the motion was filed before the answer was due, denying it ends the pre-answer posture and the obligation to answer resumes under the rule.

File with the clerk of the court where the action is pending, named in the summons. General civil claims over $10,000 are heard in the Superior Court for the county; claims up to $10,000 are heard in Justice Court. A written motion must be accompanied by a supporting memorandum under Rule 7.1(a), and Arizona practice contemplates lodging a proposed form of order under Rule 7.1(e).