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Disclaimer: This guide only provides general advice on some phrases that lawyers often use
when answering a complaint. It also refers to the Arizona Rules of Civil Procedure. Please
read the most current version of the Arizona Rules of Civil Procedure before answering a
complaint. I strongly recommend that you consult with a lawyer before attempting to
answer a complaint, as you may lose some defenses or weaken your position by
improperly answering a complaint.
I. ANSWER
A. General pointers.
Complaints should be formatted with numbered paragraphs. Answers should also be
formatted with numbered paragraphs. You must truthfully answer every paragraph in the
complaint.
B. Filing fee.
To file an answer, you must pay a fee at the same time you file the answer. Call the court
before you go to ensure that you have enough cash or a the correct amount on your money
order or check.
After you have detailed the affirmative defenses, some attorneys often put a catch-all
paragraph in. Note that this may not be enough to “preserve” the affirmative defenses.
10. Discovery may reveal the existence and applicability of additional,
affirmative defenses. For the specific purpose of not waiving any
defenses that may be revealed or clarified through further discovery,
Smith preserves the affirmative defenses set forth within Arizona
Rules of Civil Procedure 4, 8, 12 and 19.
IV. COUNTERCLAIMS
The Arizona Rules of Civil Procedure require you to raise certain claims in your answer, or
you will lose them. These are called mandatory counterclaims. Other claims can be
brought as a separate lawsuit. See Arizona Rule of Civil Procedure 13. The counterclaim is
just like a complaint, but it is by a defendant against a plaintiff.
Some attorneys often begin their counterclaim with the following paragraph to save them
from having to restate everything that was already stated:
11. Smith incorporates Paragraphs 1 though 10.
How to draft a complaint is beyond the scope of this guide. Again, you should consult with
an attorney.
V. MANDATORY ARBITRATION
The Arizona Rules of Civil Procedure require that certain cases be sent to mandatory
arbitration. Read Arizona Rules of Civil Procedure 72 to 77. You are required to file a
certificate stating whether the matter is subject to mandatory arbitration.
VI. FORMS
Check with the law library in your county for books that have forms for civil litigation in
Arizona. You can also look at other civil litigation files at the Superior Court for examples.