AOCGNGF2F – Motion to Vacate or Modify Judgment – Arizona
This form, AOCGNGF2F – Motion to Vacate or Modify Judgment, is used in the state of Arizona for parties involved in a legal case who wish to request the court to vacate (cancel) or modify (change) a judgment previously issued. The form is applicable in civil and eviction actions within the Justice Court of Arizona. Below are the main sections and instructions associated with the form:
Filing Party Information
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- The filer must provide their personal details, including address, phone number, and email.
- Indicate whether representing oneself or through a lawyer. If a lawyer is involved, the lawyer’s bar number must be included.
Court Information
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- Details of the specific Justice Court precinct, including name, address, and phone number.
Case Information
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- Names, addresses, phone numbers, and email addresses of both the plaintiff(s) and defendant(s).
- The case number associated with the judgment in question.
Motion Request
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- The filer must check the appropriate box to indicate whether the motion is to vacate or modify the judgment.
- An option to request oral argument can also be selected.
- The filer must state their role in the case (plaintiff or defendant).
Certification of Mailing/Delivery
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- The filer certifies that they have mailed or delivered a copy of the document to the appropriate parties, including options for mailing to the applicant or their attorney.
Reason for Motion
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- The filer must provide an explanation as to why the judgment should be vacated or modified. This section includes space to explain if there was a failure to appear and to attach any supporting documents.
Filing and Service Instructions
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- Detailed instructions for completing the motion form, including signing and returning the form to the court clerk with the necessary filing fee.
- Guidelines for serving the motion on the other party, either by first class mail if the appeal period has not expired or by a process server if it has.
- Requirements for proof of service and the filing of an affidavit by the process server.
Response and Court Consideration
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- The opposing party has ten judicial days to file a written response after being served.
- The court will consider the motion and any supporting documentation, possibly setting a hearing for oral argument if deemed necessary.
- The court will mail the ruling to all parties involved.
Certification by Clerk
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- Multiple sections where the clerk certifies that copies of the document have been mailed or delivered to the relevant parties.
This form ensures that all parties are properly informed and allows the court to reconsider or adjust its judgment based on the provided justifications and legal procedures.
Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult the Residential Tenancies Act or a legal professional.