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Civil procedure

res judicata and collateral estoppel

Res judicata is the generic term for a group of related concepts concerning the conclusive effects given final judgments. Within this general doctrine there are two principal categories: (1) claim preclusion—also known as res judicata; and (2) issue preclusion—also known as collateral estoppel.

These legal doctrines generally preclude litigants from relitigating claims and issues that were previously litigated to a final resolution or judgment.

In Arizona, res judicata, or claim preclusion, prevents a party from relitigating a claim that has already been judged on its merits in a final judgment by a competent court. This means that once a court has made a final decision on a claim, the same parties cannot bring the same claim in a new lawsuit. Issue preclusion, also known as collateral estoppel, bars the relitigation of factual or legal issues that were actually litigated and necessarily decided in a previous lawsuit. For issue preclusion to apply, the issue must have been essential to the final judgment in the first lawsuit, and the party against whom the doctrine is being asserted must have had a full and fair opportunity to litigate the issue. Both doctrines are based on the idea that it is fair and efficient to prevent parties from relitigating the same disputes repeatedly and are enshrined in Arizona state statutes and case law.

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Civil procedure

res judicata and collateral estoppel

Individual & Family Legal Plan

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Arizona State Code

Arizona State Code

Civil procedure

res judicata and collateral estoppel

Articles