Rescue & Trace (Arizona)
Two ends of the case. RESCUE: when a summary-judgment motion lands before the discovery you need, Arizona gives you a structured, expedited device — not just an affidavit. TRACE: once you have a judgment, the garnishment machine turns it into money — every rung cited, with the debtor's exemption architecture shown first.
The 56(d) rescue — Arizona structured it
Ariz. R. Civ. P. 56(d)
If an opposing party cannot present evidence essential to justify its opposition, it files a request TITLED 'Request for Rule 56(d) Relief and Expedited Hearing' — addressing the rule's own factors (the evidence sought, where it is, what it will reveal, how it will be obtained, and how long that will take) and attaching a Rule 7.1(h) good-faith consultation certificate. The rule's comment says the factor list codifies Arizona case law (Simon v. Safeway — a pointer, verified before citing). Filing the request does not by itself extend the response clock — the extension comes from the court.
What goes in the request is legal judgment; the deadline math around it is in the registry.
The trace — the garnishment machine
Post-judgment collection through third parties: Arizona splits garnishment into earnings and non-earnings tracks, each with its own writ, answer, objection, and exemption architecture defined by statute.
- 1
The earnings-garnishment article defines its own terms (including the debt-scheduling alternative) and drives the earnings track.
A.R.S. § 12-1598 et seq.
- 2
Non-earnings garnishment runs on the general garnishment article.
A.R.S. § 12-1570 et seq.
- 3
Exemptions and objection windows come from the statutes and the writ's own paperwork — the forms carry the clocks.
A.R.S. Title 12, ch. 9
- — Earnings garnishment has federal and state exemption floors — over-garnishment exposure is real.
- — The garnishee's answer deadlines and the debtor's objection windows are short and form-driven.
Enforcement strategy and exemption fights are legal judgment for a licensed Arizona attorney.