Arizona Motion to Dismiss

Introduction

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).

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.