Getting served with a lawsuit is stressful. Whether it’s a contract dispute, a business disagreement, or a claim involving property, that moment when someone hands you legal papers can feel overwhelming. But here’s the thing: being sued doesn’t mean you’ve lost. Understanding civil litigation in Arizona starts with knowing that a process has begun – and how you respond matters.
If you’ve been served with a civil complaint, here’s your guide to civil litigation in Arizona and what comes next.
Step 1: Don’t Ignore It
This sounds obvious, but it’s the most important piece of advice. In Arizona, you typically have 20 calendar days to file your response (called an “answer”) after being served. Miss that deadline, and the court can enter a default judgment against you. That means the other side wins automatically – without you ever telling your side of the story.
Even if you think the lawsuit is baseless, you need to respond on time. That deadline is not flexible.
Step 2: Understand the Complaint
The complaint lays out what the other party (the plaintiff) is claiming – what they say happened, what laws or agreements they believe were violated, and what they want from you (usually money, but sometimes other relief). Read it carefully. You don’t have to agree with any of it, but you must understand exactly what the other party alleges so you can respond point by point.
Step 3: File Your Answer (and Consider Your Options)
In your answer, you respond to each allegation in the complaint – admitting, denying, or stating that you lack enough information. You may also have the option to file a counterclaim if you believe you have your own claims against the plaintiff.
In some cases, it may make sense to file a motion to dismiss if there are legal deficiencies in the complaint. An experienced civil litigation attorney can help you evaluate which approach makes the most sense for your situation.
Step 4: Discovery
Once both sides file their initial pleadings, the discovery phase begins. This is where each party gathers evidence – requesting documents, sending written questions (called interrogatories), and taking depositions (recorded, sworn testimony). Discovery can last anywhere from a few months to over a year depending on the complexity of the case.
This phase is often the most time-consuming part of litigation, but it’s also where the real picture of the case takes shape.
Step 5: Settlement Discussions
The reality is that most civil cases in Arizona settle before they ever reach trial. Once both sides have a clearer picture of the evidence through discovery, there’s often an opportunity to negotiate a resolution. Mediation – where a neutral third party helps facilitate a settlement – is common, and courts sometimes require it.
Settlement isn’t about admitting fault. It’s about evaluating risk, cost, and the practical realities of going to trial.
Step 6: Trial (If Necessary)
If the case doesn’t settle, it goes to trial. In Arizona, a judge alone can hear your civil trial (a bench trial), or you may request a jury. The timeline from filing to trial typically ranges from six months to two years, depending on the court’s schedule and the complexity of the issues.
The Bottom Line
Being sued is not the end of the world – but it demands prompt, informed action. Don’t wait, hope it goes away, or try to handle it on your own without understanding the process.
At the Law Office of Nino Abate, we represent clients throughout the Scottsdale and Phoenix area in all stages of civil litigation, from initial response through trial. We also handle business disputes and real estate claims that often lead to litigation.
If you’ve been served with a lawsuit and need guidance, reach out to us. We’ll walk you through your options and help you build a plan.
Civil Lawsuit FAQ
How long do I have to respond to a civil lawsuit in Arizona?
In most Arizona civil cases, you have 20 days to file a written Answer if you were served in-state, or 30 days if served out-of-state. Missing this deadline can result in a default judgment against you.
What happens if I ignore the lawsuit?
If you don’t file an Answer in time, the plaintiff can ask the court for a default judgment. Once entered, that judgment can lead to wage garnishment, bank levies, and liens against your property.
Do I need an attorney to respond to a lawsuit?
You are not required to hire one, but civil litigation involves strict procedural rules and deadlines. Speaking with an Arizona litigation attorney early—ideally before filing your Answer—helps protect your rights and identify defenses.
