Arizona Laws 22-216. Allegations required to be made by written and signed pleading
A. An answer or other pleading made in a justice court that alleges any of the following matters shall be in writing and signed:
Terms Used In Arizona Laws 22-216
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Writing: includes printing. See Arizona Laws 1-215
1. That the action is not commenced in the proper county or precinct.
2. That the plaintiff has no legal capacity to sue.
3. That the plaintiff is not entitled to recover in the capacity in which the plaintiff sues.
4. That there is another action pending in this state between the same parties for the same cause of action or counterclaim.
5. That there is a defect of parties, plaintiff or defendant.
6. That the plaintiffs or defendants, suing or sued as partners, are not partners as alleged.
7. That the plaintiff or defendant, suing or sued as a corporation, is not a corporation as alleged.
8. That a written instrument purporting to be signed by a party and relied on by the other party, was not executed by the first party or by the first party’s authority.
9. That the endorsement or assignment of a written instrument pleaded by the adverse party was not executed by the party by whom it purports to have been executed or by that party’s authority.
10. That a written instrument pleaded by the adverse party is without consideration or that the consideration has failed in whole or in part.
11. That an account pleaded by the adverse party and verified by affidavit is not just, and in such case the answer shall set forth the items and particulars that are unjust.
B. In an action to foreclose a mortgage or enforce a lien on personal property the pleadings shall be in writing.