When calculating time for a Defendant to file an Answer, does one count from the filing date or the docket date?

Business 2 views 5 answers
I've noticed that when a document is filed in Superior Court in Arizona, the case docket lists the document as being filed on certain date and then lists a separate docket date of which is usually a few (or several) days after the original stamped filing date of the document. Which date does one use to determine time allotments for response, and what then is the real difference between the filing date and the docket date?

Attorney Answers

5
Thomas John CestaBankruptcy AttorneyMesa, AZ ·
The date to use is the date of service. The filed date is the actual date the document was delivered to the Court; the docket date is the date the clerk entered or uploaded the information. A Complaint is usually served by process server; a motion is usually served by mail, though sometimes it is hand-delivered. When you are referring to a motion, check the last page. It should state the date that the Motion was mailed. When you calculate the amount of time for a Response, the first day is not counted. For example, if the delivery certificate states mailed on March 6, then day one will be March 7. Additionally, the rules add 5 days for response to a mailed document, but no additional days for a document delivered personally. The type of document and type of responsive pleading also impacts how much time you get to answer. A response to most motions is 10 days, and a reply is 5, but if it is a motion for summary judgment, the response time is 30 days, and the reply is 15.
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Paula Sinclair ·
Matters of litigation procedure, such as answer periods, are governed by the court's rules of procedure. Typically the answer period runs from the date of service of the pleading for which a written answer is required. The date of service is Day 0 in the calculation of the deadline. The court's rules address whether all calendar days count, or just business days, whether additional days are allowed when service is by mail, etc. The difference you have noticed between filing date and docket date may simply be a function of how overworked and behind are the clerks that do the work. Best wishes for a favorable outcome, and please remember to designate a best answer.
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Walter C Oney JrBankruptcy AttorneyBoston, MA ·
This is a matter of state practice for which you're not likely to get an answer you could take to the bank simply by reading. Judges tend to be loose about this particular deadline too, because they prefer having cases decided on the merits. In your shoes, I would allow at least two extra weeks before requesting entry of a default, and I would expect to assent to a request by the defendant to remove the default and extend the deadline for answering. (I would expect a judge to bawl me out if I didn't, in fact.)
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Diane Drain ·
In Arizona the deadline for filing an answer is 20 days from the date of service if you are served in state. If you do not file an answer then the creditor will file an affidavit of default and obtain a judgment. Usually that judgment is signed within 10-15 days after the filing of the affidavit of default. Once the creditor obtains the judment they can conduct a debtor's examination (see the attached list of exempt property), garnish bank accounts (with no notice) and serve a writ of garnishment on your employer.
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Morgan Jay SeegmillerLitigation LawyerTempe, AZ ·
The previous answers are correct, but leave out some detail. The date you are served with the Complaint and Summons is day 0. You start counting from the next day. If you were served in the state where you are being sued, you will have 20 CALENDAR days to file an Answer or other responsive pleading (like a motion to dismiss). If you do not file anything within the 20 calendar days, the Plaintiff may file an application for a "Default Judgment". Once the application for default judgment is filed, you will have an additional 10 BUSINESS days (excludes weekends and qualifying holidays) to file your Answer or responsive pleading. If you fail to file anything within this 10 business day time period, the judge can enter judgment by default, and the judgment amount against you will likely be for the amount requested in Plaintiff's complaint. Make sure you pay attention to which court you are in. Small claims are any lawsuits for $2,500 or less. If the Complaint is for $10,000 or less you will be in the Justice court. Anything above that, you will be in the Superior court. If you are in superior court, I highly recommend consulting with an attorney. If you are in small claims court, the process is much less formal and the litigation rules for discovery, etc. may be different. My law firm's website has additional detailed information on going through the litigation process. The website link can be found on my attorneyqna.com profile. Even if you do not have enough money to pay an attorney to represent you in your case, some attorneys are willing to meet with you to provide advice as to handling your case on your own. Even if you do not have enough money to
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