22-216. Allegations required to be made by written and signed pleading

274 words·~1 min read·/az/title-22/22-216

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. An answer or other pleading made in a justice court that alleges any of the following matters shall be in writing and signed:

1. That the action is not commenced in the proper county or precinct.

2. That the plaintiff has no legal capacity to sue.

3. That the plaintiff is not entitled to recover in the capacity in which the plaintiff sues.

4. That there is another action pending in this state between the same parties for the same cause of action or counterclaim.

5. That there is a defect of parties, plaintiff or defendant.

6. That the plaintiffs or defendants, suing or sued as partners, are not partners as alleged.

7. That the plaintiff or defendant, suing or sued as a corporation, is not a corporation as alleged.

8. That a written instrument purporting to be signed by a party and relied on by the other party, was not executed by the first party or by the first party's authority.

9. That the endorsement or assignment of a written instrument pleaded by the adverse party was not executed by the party by whom it purports to have been executed or by that party's authority.

10. That a written instrument pleaded by the adverse party is without consideration or that the consideration has failed in whole or in part.

11. That an account pleaded by the adverse party and verified by affidavit is not just, and in such case the answer shall set forth the items and particulars that are unjust.

B. In an action to foreclose a mortgage or enforce a lien on personal property the pleadings shall be in writing.