L. R. Prac. Sup. Ct. 28

As amended through August 22, 2024
Rule 28 - Civil Cases Forwarded from Justice Court on Basis of Counterclaim

In cases forwarded to this court from the justice court by reason of a counterclaim, cross claim or third party complaint stating a claim in an amount in excess of the jurisdictional limit for said court pursuant to A.R.S. § 22-201F., upon docketing the case the clerk of this court shall give notice in writing to the defendant filing said pleading that he shall have twenty days from the date of docketing said case in the superior court to pay the required filing fee of a defendant in the superior court and failure to do so will result in a dismissal of the counterclaim, cross claim or third party complaint and a remand of the case to the justice court. In such case the court may order the defendant to pay costs, and where appropriate, attorney's fees pursuant to A.R.S. § 12-349.

L. R. Prac. Sup. Ct. 28

Adopted March 10, 1992, effective 3/21/1992.

HISTORICAL NOTES

The former Local Rules of Practice for Cochise County, Rule XXVIII, Attire for Court Appearances, adopted June 22, 1987, effective September 1, 1987, was abrogated by order dated March 10, 1992, effective March 21, 1992. See now Rule 31.