AZ Bar Arizona Civil Procedure and Professional Responsibility 1 — Questions and Answers
Question 1: Under Arizona Rules of Civil Procedure, a defendant must generally answer a complaint within how many days after service?
- 10 days
- 20 days
- 30 days (Correct answer)
- 45 days
Correct answer: 30 days
Under Arizona Rules of Civil Procedure Rule 12(a), a defendant must serve an answer within 20 days after service of the summons and complaint (30 days in some circumstances).
Question 2: Under Arizona Rule of Civil Procedure 56, summary judgment is appropriate when:
- The court determines the plaintiff is likely to prevail at trial
- There is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law (Correct answer)
- Both parties stipulate to the facts
- The defendant fails to appear at a scheduled hearing
Correct answer: There is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law
Summary judgment under ARCP 56 is granted when the pleadings, discovery, and affidavits show no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.
Question 3: Under Arizona's Rules of Professional Conduct, a lawyer must hold client funds:
- In the lawyer's general operating account for convenience
- In a separate trust account (IOLTA) apart from the lawyer's own funds (Correct answer)
- In any interest-bearing account designated for the client
- In a safe deposit box at a licensed bank
Correct answer: In a separate trust account (IOLTA) apart from the lawyer's own funds
Arizona ER 1.15 requires that client property and funds be held in a separate IOLTA trust account, never commingled with the lawyer's own funds.
Question 4: Under Arizona's ethical rules, what is a lawyer's duty when they know a client intends to commit perjury?
- Present the client's perjured testimony as if it were truthful
- Withdraw from the representation without disclosing the reason
- Refuse to offer evidence the lawyer knows to be false and take reasonable remedial measures (Correct answer)
- Maintain confidentiality and allow the client to testify falsely
Correct answer: Refuse to offer evidence the lawyer knows to be false and take reasonable remedial measures
Arizona ER 3.3 prohibits a lawyer from knowingly offering false evidence and requires remedial action, including disclosure to the court if necessary, even if this compromises client confidences.
Question 5: Under Arizona personal jurisdiction rules, a non-resident defendant is subject to specific jurisdiction when:
- The defendant owns property anywhere in Arizona
- The lawsuit arises out of the defendant's purposeful contacts with Arizona (Correct answer)
- The defendant has ever visited Arizona
- The plaintiff is domiciled in Arizona
Correct answer: The lawsuit arises out of the defendant's purposeful contacts with Arizona
Specific jurisdiction exists when the defendant purposefully directed activities at Arizona and the plaintiff's claim arises out of or relates to those contacts.
Question 6: In Arizona civil litigation, the discovery tool that allows a party to obtain admissions of fact from the opposing party is called:
- Interrogatories
- Requests for production
- Requests for admission (Correct answer)
- Deposition on written questions
Correct answer: Requests for admission
Requests for admission under ARCP 36 allow a party to demand that the opposing party admit or deny specified facts, which can then be used at trial.
AZ Bar Arizona Civil Procedure and Professional Responsibility 1
Under Arizona Rules of Civil Procedure, a defendant must generally answer a complaint within how many days after service?