I earned an Order requiring the Defendants to pay me x dollars for my fees and costs. Do I need to submit a Judgment form too?

Or is the ‘Order Awarding fees and costs’ [to me] the same thing as a judgment? [Maricopa County Superior Court]. The judge granted my Application for Fees and Costs with an Order Granting Application for Fees/Costs (to Plaintiff [me]) . It was dated and stated who owed me how much and at what percent of interest accruing per annum. Can I use that to get a writ of garnishment or execution? If not, would I just submit a Judgment form, filled out in accordance with the Order and wait for the judge to sign it?

A: If this is the final ruling of the court then yes, it will essentially be the same thing as a judgment, and you should submit a form of judgment to the court with a blank to enter your attorneys’ fees. But if this is part-way through the case, say as sanctions for a discovery violation, then you wouldn’t submit a form of judgment. The devil could be in the details on this one. It might be worth it to pay a lawyer for an hour of time to make sure you’re doing things right.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by
Re-posted from AVVO Legal Questions & Answers.

What is the tort for filing a counterclaim against a frivolous lawsuit under, Arizona law?

Defending against a retaliatory suit filed in Arizona response to a wage claim filed in a New York Court. Plaintiffs’ NY attorney has written a threatening letter, warning of Az litigation, that threatens jail and is sanctinonable in NY.

Suit for assault but only alleges a threat to throw water in someone’s face. Suit by ex-employer under independent contractor agreement alleges sexual harassment though the employer would be liable if there was harassment.

A: Prevailing on a claim for malicious prosecution (which is probably what you are talking about) is difficult. Basically, you must prove that the claim never had any reasonable basis in fact, and it was brought with the sole purpose of harassing you.

You should consult with an attorney in deciding how to respond to the Arizona lawsuit. This is NOT something you should ignore just because it is retaliatory and outside of New York.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by
Re-posted from AVVO Legal Questions & Answers.

Can the Defendant in a civil court case demand more detail/evidence regarding Plaintiff complaint and disclosure documents?

I am currently involved in a court case- I filed an initial complaint and subsequent disclosure documents and the case is scheduled for mediation. The defendant has replied demanding more detail and stating that the case will be dismissed unless I comply.

She is requesting witness information about somebody who I have not listed as a witness due to their not being relevant to the issue. In her mind this person is relevant. So my real question is, do I have to provide witness info for someone the Defendant does not know beyond them being my “friend” b/c the Defendant demands it? Can I stipulate that I will provide this info if she can explain how it is relevant?

A: Under Arizona Rule of Civil Procedure 26.1, these questions tend to be resolved by judges on a “common sense” basis. In other words, the answer to your question is that the witness must be disclosed if she has relevant information. What is relevant? Well, of course that depends on the facts of your specific case.

It is very unlikely that your case would be dismissed the first time this dispute were brought before a judge. Dismissal usually will only occur if the judge orders you to disclose information and you refuse to do so.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by , Arizona Litigation Lawyer
Re-posted from AVVO Legal Questions & Answers.