Ariz. R. Civ. P. 8

General Rules of Pleading

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Rule 8. General Rules of Pleading
(a) Claim for Relief. A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court’s jurisdiction, unless the
court already has jurisdiction and the claim needs no new jurisdictional support;
(2) a short and plain statement of the claim showing that the pleader is entitled to relief;
and
(3) a demand for the relief sought, which may include relief in the alternative or
different types of relief.
(b) Defenses; Admissions and Denials.
(1) Generally. In responding to a pleading, a party must:

(A) state in short and plain terms its defenses to each claim asserted against it; and
(B) admit or deny the allegations asserted against it by an opposing party.
(2) Denials—Responding to the Substance. A denial must fairly respond to the
substance of the allegation.
(3) General and Specific Denials. A party who intends in good faith to deny all the
allegations of a pleading—including the jurisdictional grounds—may do so by a
general denial subject to the obligations provided in Rule 11(a). A party who does
not intend to deny all the allegations must either specifically deny designated
allegations or generally deny all except those specifically admitted.
(4) Denying Part of an Allegation. A party who intends in good faith to deny only
part of an allegation must admit the part that is true and deny the rest.
(5) Lacking Knowledge or Information. A party who lacks knowledge or information
sufficient to form a belief about the truth of an allegation must so state, and the
statement has the effect of a denial.
(6) Effect of Failing to Deny. An allegation—other than one relating to the amount of
damages—is admitted if a responsive pleading is required and the allegation is not
denied. If a responsive pleading is not required, an allegation is considered denied
or avoided.
(c) Affirmative Defenses.
(1) Generally. In responding to a pleading, a party must affirmatively state any
avoidance or affirmative defense, including:
(A) accord and satisfaction;
(B) arbitration and award;
(C) assumption of risk;
(D) contributory negligence;
(E) duress;
(F) estoppel;
(G) failure of consideration;
(H) fraud;
(I) illegality;
(J) laches;
(K) license;
(L) payment;
(M) release;

(N) res judicata;
(O) statute of frauds;
(P) statute of limitations; and
(Q) waiver.
(2) Mistaken Designation. If a party mistakenly designates a defense as a
counterclaim, or a counterclaim as a defense, the court must, if justice requires,
treat the pleading as though it were correctly designated, and may impose terms for
doing so.
(d) Pleading to Be Concise and Direct; Alternative Statements; Inconsistency.
(1) Generally. Each allegation of a pleading must be simple, concise, and direct. No
technical form is required.
(2) Alternative Statements of a Claim or Defense. A party may set out two or more
statements of a claim or defense alternatively or hypothetically, either in a single
count or defense or in separate ones. If a party makes alternative statements, the
pleading is sufficient if any one of them is sufficient.
(3) Inconsistent Claims or Defenses. A party may state as many separate claims or
defenses as it has, regardless of consistency.
(e) Construing Pleadings. Pleadings must be construed so as to do justice.
(f) Claims for Damages. In all actions in which a party is pursuing a claim other than for
a sum certain or for a sum which can by computation be made certain, no dollar amount
or figure for damages sought may be stated in any pleading allowed under Rule 7. The
pleading setting forth the claim may include a statement reciting that the minimum
jurisdictional amount established for filing the action has been satisfied.
(g) Civil Cover Sheets.
(1) Generally.
(A) When filing a civil action, a plaintiff must complete and submit a Civil Cover
Sheet in a form approved by the Supreme Court. The public may obtain this form
from the website of the Administrative Office of the Courts.
(B) The Civil Cover Sheet must contain:
(i) the plaintiff’s correct name and mailing address;
(ii) the plaintiff’s attorney’s name and bar number;
(iii) the defendant’s name(s);
(iv) the nature of the civil action or proceeding;
(v) the main case categories and subcategories designated by the Administrative
Director;

(vi) whether the action meets the criteria for a complex civil action listed in Rule
8(h); and
(vii) such other information as the Supreme Court may require.
(C) A superior court may require by local rule that additional information be
provided in an Addendum to the Civil Cover Sheet.
(2) Writs of Garnishment. A writ of garnishment does not require a Civil Cover Sheet,
but it must include, under the case number on the petition’s or complaint’s first
page, one of the following notations, as applicable:
(A) federal exemption;
(B) enforce order of support;
(C) enforce order of bankruptcy;
(D) enforce collection of taxes; or
(E) non-earnings.
(3) Complex Civil Actions. If an action is designated as complex under Rule 8(h), the
notation “complex” must appear under the case number on the complaint’s first
page. This requirement is in addition to the designation required under Rule 8(g)(1)
in the Civil Cover Sheet.
(h) Complex Civil Litigation Program Designation.
(1) Definition. In those counties in which a complex civil litigation program has been
established, a “complex civil action” is a civil action that requires continuous
judicial management to avoid placing unnecessary burdens on the court or the
litigants and to expedite the case, keep costs reasonable, and promote an effective
decision-making process by the court, the parties, and counsel.
(2) Factors. In deciding whether a civil action is a complex civil action under (h)(1),
the court must consider the following factors:
(A) numerous pretrial motions raising difficult or novel legal issues that will be time-
consuming to resolve;
(B) management of a large number of witnesses or a substantial amount of
documentary evidence;
(C) management of a large number of separately represented parties;
(D) coordination with related actions pending in one or more courts in other counties,
states, or countries, or in a federal court;
(E) substantial postjudgment judicial supervision;
(F) the action would benefit from permanent assignment to a judge who would have
acquired a substantial body of knowledge in a specific area of the law;

(G) inherently complex legal issues;
(H) factors justifying the expeditious resolution of an otherwise complex dispute; and
(I) any other factor that in the interests of justice warrants a complex designation or
as otherwise required to serve the interests of justice.
(3) Procedure for Designating a Complex Civil Action.
(A) Designation by Plaintiff. When filing its initial complaint, a plaintiff may
designate an action as a complex civil action by filing a motion and separate
certificate of complexity identifying the case attributes in Rule 8(h)(2) justifying
the designation. The certification must be in a form approved by the Supreme
Court as set forth in Rule 8(h)(8) and must be served on the defendant along with
the motion when the complaint is served.
(B) Designation by Defendant. If the plaintiff has not done so and if the court has
not already ruled on whether the action is complex, a defendant may designate
an action as complex by filing a motion and certificate of complexity as described
in Rule 8(h)(3)(A) with or before the filing of defendant’s first responsive
pleading.
(C) Joint Designation. The parties may jointly designate an action as complex by
filing a joint motion and certificate of complexity with or before the filing of any
defendant’s first responsive pleading.
(4) Procedure for Opposing Designation. If a party has certified that an action is
complex, the court has not previously declared the action to be a complex civil
action, and another party disagrees with the designating party’s certificate, the
opposing party must file—no later than when that party files its first responsive
pleading—a response to the designating party’s motion and a controverting
certificate that specifies the particular reason for the opposing party’s disagreement
with the designating party’s certificate.
(5) Effect of Signature. An attorney’s or party’s signature constitutes a certification
by the signer that the signer has considered the applicability of this rule; that the
signer has read the certificate of complexity or controverting certificate; that to the
best of the signer’s knowledge, information, and belief, formed after reasonable
inquiry, it is warranted; and that the allegation of complexity is not made for any
improper purpose. Rule 11(a) applies to every certification of complexity filed
under this rule.
(6) Action by Court.
(A) On Motion When Filing an Initial Pleading. The presiding superior court judge
in the county in which the action is pending, or the judge’s designee, must decide,
with or without a hearing, whether the action is a complex civil action within 30
days after the filing of the response to the designating party’s motion.

(B) Later Ruling. At any time during the pendency of an action, the court may, on
motion or on its own, decide that a civil action is a complex civil action or that
an action previously declared to be a complex civil action is not a complex civil
action.
(C) Sanctions. If the court finds that the certificate of a party or its counsel
designating an action as complex was not made in good faith, the court may—
on motion or on its own—make such orders as are just, including, among others,
any action authorized under Rule 11(c).
(7) Not Appealable. Parties do not have the right to appeal the court’s decision
regarding the designation of an action as complex or noncomplex.
(8) Program Designation Certification Form. The certification of a complex civil
action must be substantially in the form set forth in Rule 84, Form 10.
(i) Verification. Unless a rule or statute specifically states otherwise, a pleading need not
be verified or supported by an affidavit. If a rule or statute requires a pleading to be
verified, the pleading must be accompanied by an affidavit by the party—or a person
acting on the party’s behalf who is acquainted with the facts—attesting under oath that,
to the best of the party’s or person’s knowledge, the facts set forth in the pleading are
true and accurate.
(j) Compulsory Arbitration. A complaint and an answer must be accompanied by the
certificate required by Rule 72(e) and any corresponding local rule.
Experimental Rule 8.1. Assignment and Management of Commercial Cases
(a) Application; Definitions. This rule applies in counties that have established
specialized courts for commercial cases, which are referred to in this rule as “the
commercial court.”
The commercial court will hear “commercial cases,” as defined in Rule 8.1(a)(1),
which also meet the criteria of Rule 8.1(b) or (c).
(1) A “commercial case” is one in which:
(A) at least one plaintiff and one defendant are “business organizations”;
(B) the primary issues of law and fact concern a “business organization”; or
(C) the primary issues of law and fact concern a “business contract or transaction.”
(2) A “business organization” includes a sole proprietorship, corporation, partnership,
limited liability company, limited partnership, master limited partnership,
professional association, joint venture, business trust, or a political subdivision or
government entity that is a party to a business contract or transaction. A “business
organization” excludes an individual, a family trust, or a political subdivision or
government entity that is not a party to a business contract or transaction.

(3) A “business contract or transaction” is one in which a business organization sold,
purchased, licensed, transferred, or otherwise provided goods, materials, services,
intellectual property, funds, realty, or other obligations. The term “business contract
or transaction” excludes a “consumer contract or transaction.”
(4) A “consumer contract or transaction” is one that is primarily for personal, family,
or household purposes.
(b) Cases with No Amount in Controversy Requirement. Regardless of the amount in
controversy, the commercial court will hear a commercial case that:
(1) concerns the internal affairs, governance, dissolution, receivership, or liquidation
of a business organization;
(2) arises out of obligations, liabilities, or indemnity claims between or among owners
of the same business organization (including shareholders, members, and partners),
or which concerns the liability or indemnity of individuals within a business
organization (including officers, directors, managers, member managers, general
partners, and trustees);
(3) concerns the sale, merger, or dissolution of a business organization, or the sale of
substantially all of the assets of a business organization;
(4) relates to trade secrets or misappropriation of intellectual property, or arises from
an agreement not to solicit, compete, or disclose;
(5) is a shareholder or member derivative action;
(6) arises from a commercial real estate transaction;
(7) arises from a relationship between a franchisor and a franchisee;
(8) involves the purchase or sale of securities or allegations of securities fraud; or
(9) concerns a claim under state antitrust law.
(c) Cases Subject to an Amount in Controversy Requirement. If the amount in
controversy is at least $50,000, the commercial court will hear a commercial case that:
(1) arises from a contract or transaction governed by the Uniform Commercial Code;
(2) involves the sale of services by, or to, a business organization;
(3) is a malpractice claim against a professional, other than a medical professional, that
arises from services the professional provided to a business organization;
(4) arises out of tortious or statutorily prohibited business activity, such as unfair
competition, tortious interference, misrepresentation, or fraud; or
(5) concerns a surety bond, or arises under any type of commercial insurance policy
purchased by a business organization, including an action involving coverage, bad
faith, or a third-party indemnity claim against an insurer.

(d) Ineligible Case Types. Subject to Rule 8.1(e)(4), the following case types generally
are not eligible for assignment to the commercial court, unless other criteria specified
in Rule 8.1(b) and (c) predominate the case:
(1) evictions;
(2) eminent domain or condemnation;
(3) civil rights;
(4) motor vehicle torts and other torts involving physical injury to a plaintiff;
(5) administrative appeals;
(6) domestic relations, protective orders, or criminal matters, except a criminal
contempt arising in a commercial court case; or
(7) wrongful termination of employment.
(e) Assignment of Cases to Commercial Courts.
(1) Plaintiff’s Duties. If a case meets the definition of a “commercial case” as set forth
above, and also meets the criteria of either Rule 8.1(b) or (c), the plaintiff must
include in the initial complaint’s caption the words “eligible for commercial court.”
At the time of filing the initial complaint, the plaintiff must also complete a Civil
Cover Sheet that indicates the action is an eligible commercial case.
(2) Assignment to Commercial Court. The court administrator will review a
complaint and Civil Cover Sheet filed in accordance with Rule 8.1(e)(1) and will
assign an eligible case to a commercial court judge.
(3) Motion to Reconsider Assignment to Commercial Court. After assignment of a
case to the commercial court, a commercial court judge, on motion or on its own,
may reconsider whether assignment of that case to the commercial court is
appropriate under Rules 8.1(a) through (d). Any party filing a motion under this
rule must do so no later than 20 days after the defendant files an answer or a motion
under Rule 12, or within 20 days after that party’s appearance in the case. If a
commercial court judge concludes that a case is not appropriate for assignment to
the commercial court, that judge may reassign the case to a general civil court.
(4) Motion to Transfer to Commercial Court. On motion filed under Rule 8.1(e)(3),
or on its own, a judge of a general civil court may order the transfer of a case to the
commercial court if that judge determines that the matter meets the criteria of Rules
8.1(a) through (d).
(5) Complex Cases. Assignment of a case to the commercial court does not impair the
right of a party to request reassignment of the case to a complex civil litigation
program under Rule 8(h).
(f) Case Management. Rules 16(a) through (k) apply to cases in the commercial court,
except:

(1) Scheduling Conference. Scheduling conferences under Rule 16(d) are mandatory.
(2) Initial Conference. Before filing a Joint Report, the parties must confer, as set
forth in the commercial court’s checklist governing the production of electronically
stored information, and attempt to reach agreements that may be appropriate in the
case concerning the disclosure and production of such information, including:
(A) requirements and limits on disclosure and production of electronically stored
information;
(B) the form or formats in which the electronically stored information will be
disclosed or produced; and
(C) if appropriate, sharing or shifting of costs incurred by the parties for disclosing
and producing electronically stored information.
(3) Joint Report. The parties’ Rule 16(b) Joint Report and Proposed Scheduling Order
must address the items specified in Forms 14(a) and (b), including the following:
(A) whether the parties have reached any agreements with regard to electronically
stored information, what those agreements are, those areas on which they were
unable to agree, and whether the parties request the court to enter an order
concerning electronically stored information;
(B) whether the parties reached agreements under Arizona Rule of Evidence 502;
(C) whether any party is requesting the court to enter a protective order under Rule
26(c), and if so, a brief statement concerning the need for a protective order; and
(D) whether there are any issues concerning claims of privilege or protection of
trial-preparation materials under Rules 26(b)(6) and 26.1(f).
(g) Motions. With notice to the parties, a commercial court judge may modify the formal
requirements of Rule 7.1(a), and may adopt a different practice for the efficient and
prompt resolution of motions.

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