Arizona Local Counsel Information

Lewis Roca Rothgerber LLP has prepared this document to inform counsel we work with who are outside of Arizona about certain recurring issues that they should be aware of when litigating here. The document obviously is not exhaustive, but we hope it is helpful and please just let us know if you have any questions about its contents.

Rule 56(f) Requests on Motions for Summary Judgment: While Arizona's standard for gaining relief against a motion for summary judgment under Rule 56(f) is similar to the federal standard, the procedure differs substantially. In order to extend the party's deadline for responding to the motion for summary judgment, the party must obtain an order from the court under Rule 56(f) before their response deadline. To gain an expedited ruling on a Rule 56(f) application, the party must file an application, supporting affidavit, request for expedited hearing, and a separate certification that the party made good faith efforts to resolve the matter with the other party. If these procedures are followed, the court is to hold an expedited hearing on the Rule 56(f) request within seven days after the filing of the request for expedited hearing. If a party wishes to avoid responding to a motion for summary judgment under Rule 56(f), the party will need to seek relief promptly after the filing and service of the motion for summary judgment and follow the procedure laid out in the Rule.

Shifting Attorneys' Fees in Contract Actions: Arizona has a fee-shifting statute applicable to contract actions. Specifically, in an action "arising out of contract," the court "may award" attorneys' fees to the "successful party." "If a written settlement offer is rejected and the judgment finally obtained is equal to or more favorable to the offeror than an offer made in writing to settle any contested action arising out of a contract, the offeror is deemed to be the successful party from the date of the offer." A.R.S. § 12-341.01(a). In state court, parties must specifically allege entitlement to fees under Section 12-341.01(a) in their pleadings. Rule 54(g)(1), Ariz. R. Civ. P. The Arizona Court of Appeals has interpreted "pleadings" for purposes of Rule 54(g)(1) to include motions to dismiss. Failure to request fees in an answer or motion to dismiss thus waives a subsequent claim for fees.

Community Property: Arizona is a community property state. To enforce a judgment against the community property, normally both spouses must be named as...