Frequently Asked Questions

• I am involved in a dispute. Should I file a lawsuit?
• Which court will my case by heard in?
• Once the complaint is filed with the court, then what?
• How long will it take for my case to go to trial?
• How much can I expect to pay in attorney's fees?
• If I prevail in my case will the other party be required to pay for my attorney's fees?
• How much are court costs?
• I have been served with a complaint and summons.  What should I do?
• What is mandatory arbitration?

I am involved in a dispute.  Should I file a lawsuit?

The decision whether or not to file a lawsuit or if it is even necessary is evaluated on a case-by-case basis by our attorneys.  Generally we work with clients to avoid litigation.  However, in the event that it is necessary to litigate a matter various factors need to be evaluated prior to making the final decision to file suit.  For example, are you entitled to relief under the law?  Are you prepared for the stress, both mental and economic, that comes with litigation?  Can you afford to litigate the case?  Should you prevail in your case, does the person/company you are suing have sufficient assets or income so that you can collect on your judgment?

Seeking relief through the court system requires a commitment both in time and finances that needs to be seriously evaluated prior to filing suit.  In the event that it is necessary to file suit our attorneys will work with you come to best result possible in a timely manner.

Which court will my case by heard in?

If the amount in dispute is $2,500.00 or less, you can file your complaint in the small claims division of the appropriate justice court.  You can represent yourself in small claims court and in fact, attorneys are not permitted to represent clients in a small claims setting.  If the amount in dispute is under $10,000.00, your complaint will generally be filed in the justice court.  Cases where the amount in controversy exceeds $10,000.00 must be filed in the Superior Court.

Once the complaint is filed with the court, then what?

Once the complaint is filed with the court it, along with the summons, will be sent out for service upon the defendant.  Once the complaint and summons are served, the defendant has twenty (20) days to file an Answer with the court.  Should the defendant not file an Answer with the court the Plaintiff can seek a default judgment.  However, if the defendant does file an Answer the case will then proceed into a discovery period where both parties will obtain additional information about each other's case.  At any time throughout the litigation process the parties may agree to settle and have the case dismissed.  What path your case takes will depend largely upon the strength of your case, both legally and factually.

How long will it take for my case to go to trial?

Whether your case actually proceeds to a trial depends upon numerous variables.  It is important to understand that very few civil cases actually go to trial but are instead settled between the parties.  The length of time between filing the complaint and having the matter heard at trial will depend greatly upon things such as if the case was filed in justice or superior court; the complexity of the case; the number of witnesses; the court's docket.  Currently the average time in Maricopa County Superior Court between the filing of the complaint and trial is approximately eighteen (18) months.  Matters filed in the Justice Courts, however, can be heard in as little as four (4) to six (6) months.

How much can I expect to pay in attorney's fees?

This, along with many of the above questions, depends upon many variables and thus it is very difficult to predict with any certainty what the total cost of pursuing your case will be.  Regardless of the case, you can anticipate paying an advance on costs (retainer) prior to the commencement of any litigation.  A typical retainer may range anywhere from $1,000 to $5,000, depending on the type and complexity of your case.

If I prevail in my case will the other party be required to pay for my attorney's fees?

As a general rule each side will be responsible for the payment of their own attorney's fees and court costs unless a specific statute or contract provisions provides otherwise.  This is known as the American Rule and all parties to a lawsuit should plan on paying their own attorney’s fees as they become due. 

Arizona does have statutory provisions that provide for the payment of attorney's fees by the opposing party in certain situations.  An example of such a statute is A.R.S. §12-341.01.  This statute provides that in lawsuits based upon a contract, the prevailing party may seek an order from the court ordering the non-prevailing party to pay for the attorney's fees incurred in prosecuting the matter.  It is important to note that such statutes are only applicable if the matter proceeds to a judgment.  If the case settles prior to the court entering a judgment each side will generally be responsible for their own fees.

Despite the above statute, if you decide to precede with filing suit, as a general rule you should plan on covering your own fees and court costs.

How much are court costs?

To file a complaint in Maricopa County Justice Courts the court charges $60.00 to file a complaint.  To file a complaint in Maricopa County Superior Court you can expect to pay $245.00.  An additional cost associated with filing suit is the fee charged by the process server to serve the complaint and summons on the defendant.

I have been served with a complaint and summons.  What should I do?

You have twenty (20) days from the day you were served with the complaint and summons to file your response with the court.  If you reside outside the State of Arizona you have thirty (30) days.  It is important to meet with an attorney as soon as possible to evaluate your case and preserve your defenses.  If you fail to file an answer to the complaint you risk a default judgment being entered against you for the entire amount sought in the complaint.

What is mandatory arbitration?

In Maricopa County, cases where the amount in dispute is less than $50,000 will be required to participate in mandatory arbitration.  If your case falls into this category then the parties will be required to attend and participate in an arbitration hearing.

The arbitration hearing is a relatively informal trial-type hearing where the parties present their case before an arbitrator who will issue a ruling as to who the prevailing party.  The arbitrator that will hear your case is randomly selected attorney who practices within the county where your case is being heard.  The hearing is usually held at the arbitrator’s office.

Mandatory arbitration is not binding on the parties, and the parties may appeal the arbitrator’s decision by requesting that the case be set for trial.