LegalFix

§ 22-216 Allegations required to be made by written and signed pleading

AZ Rev Stat § 22-216 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

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:

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.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 22-216 Allegations required to be made by written and signed pleading