Rule 16 - Vacating a Judgment(a)Filing a Motion to Vacate Judgment. Any party can file a motion with the court asking to be relieved from judgment. The motion does not affect the finality of the judgment or suspend operation of the judgment. The court may relieve a party from a judgment for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect;(2) fraud, misrepresentation, or other misconduct of an opposing party;(3) the judgment is void;(4) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or(5) any other reason justifying relief.(b) Timing. A motion to vacate must be filed within a reasonable time. For reasons (1) and (2), the motion must be filed no more than 6 months after the entry of the judgment or date of the proceeding, whichever is later.(c)Providing the Motion to the Other Party and Time for Response. The moving party must deliver a copy of the motion to the other party on the date of filing. The other party has 15 days to file a written response and must deliver a copy of the response to the moving party on the date the response is filed.(d)Other Powers to Grant Relief. This rule does not limit the court's power to: (1) entertain an independent action to relieve a party from a judgment; or(2) set aside a judgment for fraud on the court.(e) Representation. An attorney may represent a party on a motion to vacate a judgment. Ariz. R. P. Small. Claims. Proce. 16
Added Aug. 27, 2019, effective 1/1/2020.