Deadline for Filing

• According to Rule 12(a) of the Arizona Revised Statute, the defendant must file an answer or a motion to dismiss within 20 days of being served with the complaint and summons, unless a different time is fixed by court order. This motion must be served upon the plaintiff or petitioner in addition to being filed with the court.
  
  

Grounds for Motion

• According to Rule 12(b) of the Arizona Revised Statute, a motion to dismiss shall assert grounds. Grounds for dismissal include lack of jurisdiction over the subject matter, lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim upon which relief can be granted or failure to join a party under Rule 19. A defense is not waived by being joined with one or more of the objections stated here.
  
  

Briefs in Support

• Rule 56 provides that all parties shall be given reasonable opportunity to present material pertinent to a motion to dismiss. Therefore, the plaintiff or petitioner is allowed to submit a motion to dismiss the defendant's motion to dismiss. Also, parties are allowed - and encouraged - to submit briefs in support of a motion. Briefs shall more fully set forth the facts and point of law in support of the motion.
  
  

Style and Format

• A motion is a formal pleading, and as such, it must conform to the standards for filed pleadings. A motion to dismiss must contain a caption that indicates the name of the court, the title of action, the file number and a designation. The motion must be signed by at least one attorney of record or by a party that is not represented by an attorney. Pleadings that fail to conform to court standards may be rejected.