Be prepared and gain a deeper understanding of Arizona civil lawsuits with this simple to understand guide. An in depth explanation of civil lawsuits in Arizona, including the stages of a lawsuit, and common terminology.

1. THE ANATOMY
OF A CIVIL LAWSUIT
IN ARIZONA
www.WeinbergerLawAZ.com
Weinberger Law Firm
5635 N. Scottsdale Road, Suite 170
Scottsdale, Arizona 85250
BRIAN A. WEINBERGER, ESQ.

2. CONTENTS
THE THREE PRIMARY STAGES OF A LAWSUIT……………………………………....3
PLEADINGS
The Complaint……………………………………………………………...……4
The Answer…………………………………………………………………….….5
DISCOVERY
Three Main Sources of Information………………………………….….6
Tools to Get Information from Other Parties in the Lawsuit…...7
Tools to Get Information from Third Parties……………..………..…8
TRIAL
Common Terms…………………………………………………………..….….9
The Order of the Trial…………………………………………………..…...10
Meaning of Terms……………………………………………..…..…..11 - 21
ALTERNATIVES TO LAWSUITS AND TRIALS………………………………..…….....22

3. THE THREE PRIMARY
STAGES OF A LAWSUIT
The Pleadings stage
The Pleading stage consists of the filing of a Complaint by
the Plaintiff, an Answer by the Defendant and any
Counterclaims or Cross-Claims that may be filed. This stage
is designed to get all of the relevant parties into court, and
for them to formally assert their claims and defenses against
each other and determine the scope of the dispute.
The Discovery stage
The Discovery stage is when parties use various techniques
(e.g., subpoenas, depositions) to obtain the information and
evidence they need to effectively pursue, defend against or
settle the case.
The Trial stage
The Trial stage is when the parties formally present their
evidence to a judge or jury and the outcome of the case is
decided.

4. • Identifies the parties and contains a short
and plain statement of the basic facts and
legal theories that the plaintiff asserts
• Ends with a request for the remedy that is
sought
• A Plaintiff can assert multiple claims against
the same defendant in one lawsuit.
• There be more than one plaintiff and more
than one defendant if each claim arises out
of the same situation and has some issues in
common with the other claims
• Defendant has 20 days to file an Answer if
the Complaint is served in-state, and 30 days
to file an Answer if the Complaint is served
out-of-state
PLEADINGS
The Complaint

5. • Responds to the facts alleged in the complaint by
either admitting them, denying them or explaining
why the defendant does not have enough
information to admit or deny them.
• Asserts legal defenses to the claims alleged in the
Complaint.
• If the defendant has its own claims against the
Plaintiff, it can assert them together with its
answer by alleging a "Counterclaim.”
• If there are multiple defendants and one of them
has a claim against another arising from the same
situation, it can assert a “Cross-Claim” in their
Answer.
• The party against whom a Counterclaim or Cross-
Claim is asserted then needs to file an answer
responding to that Counterclaim or Cross-Claim.
PLEADINGS
The Answer

6. 1. You and those within your control
(e.g., accountants, company staff)
2. The other parties in the lawsuit
3. People or companies who are not
parties to the lawsuit but who
possess relevant information (i.e.,
third-parties)
DISCOVERY
Three Main
Sources Of
Information

7. REQUESTS FOR PRODUCTION OF
DOCUMENTS
These are formal written requests that are
sent to other parties in the lawsuit asking
them to produce documents or other items
within a specified amount of time that are
in their possession, custody or control that
you believe are relevant to present your
claim or defenses.
DEPOSITIONS
Usually held in a lawyer’s
conference room, these are
opportunities for the lawyers to
ask questions of parties or
witnesses orally and under oath.
A verbatim transcript of the
proceedings is created by a court
reporter for use by the lawyers
later on in the case.
REQUESTS FOR
ADMISSIONS
These are formal written
requests that are sent
to another party in the
lawsuit asking them to
admit specific facts that
you believe are relevant
to your claims or
defenses.
INTERROGATORIES
These are written
questions that are sent to
other parties in the lawsuit
that they must answer in
writing within a specified
amount of time.
DISCOVERY
Tools To Get
Information From
Other Parties In
The Lawsuit

8. SUBPOENAS
A subpoena is a court order that requires a witness or
company to produce documents or other items within a
specified amount of time that are in their possession, custody
or control that you believe are relevant to your claims or
defenses. Subpoenas accomplish the same thing as
Requests for Production of Documents that are sent to other
parties in the lawsuit. A subpoena can require either or both
the production of documents or a witness’s appearance at a
deposition.
DEPOSITIONS
Usually held in a lawyer’s conference room, these are
opportunities for the lawyers to ask questions of witnesses or
representatives of companies orally and under oath. A
verbatim transcript of the proceedings is created by a court
reporter for use by the lawyers later on
DISCOVERY
Tools To Get
Information From
Other Third
Parties

9. TRIAL
COMMON TERMS
JURY TRIALS AND BENCH TRIALS
A trial can be held before a judge or a jury. Trials to a jury are
known as jury trials. Trials to a judge are known as bench
trials. In most civil cases, the parties have a constitutional
right to a jury trial, but some cases and issues can only be
tried to a judge. Parties may waive their rights to have a jury
decide the case and choose to try the case to a judge instead.
THE BURDEN OF PROOF
In civil cases, the plaintiff has the burden of proof, which
means that they must convince the judge or jury of their case.
Most often, the standard of proof which must be met is known
as the “preponderance of the evidence” standard. That
standard is met if the judge or jury decides that the facts
establishing the claim are more probably true than not true,
even if they are only 51% convinced. Certain types of claims,
such as fraud, must be proven by clear and convincing
evidence,” which is a higher standard of proof

10. 1. Voir
Dire/Jury
Selec1on
2. Opening
Statements
3. Plain1ff’s
Case-­‐in-­‐Chief
4. Defendant’s
Case-­‐in-­‐Chief
5. Plain1ff’s
RebuHal
6. Closing
Statements
7. Reading
of
Jury
Instruc1ons
8. Verdict
TRIAL
The Order Of A
Trial

11. The process by which the members of the
jury are chosen. The potential jurors are
questioned to determine if they have any
biases or prejudices that could influence
their ability to make an impartial judgment
about the case. The lawyers are given the
opportunity to challenge, or “strike” jurors
about whom they may have concerns. In a
bench trial, this phase of the case does not
occur.
TRIAL
Voir Dire/Jury
Selection

12. Oral Presentations made by the lawyers to
the jury or judge that outline their client’s
case and what they intend to prove.
TRIAL
Opening
Statements

13. Plaintiff presents the testimony of its lay and
expert witnesses to support its case through
a process known as “direct examination.”
These are questions posed by the lawyer to
the witness. Once a witness’s direct
examination is concluded, the defendant has
the opportunity to “cross-examine” those
witnesses to cast doubt on the witness’s
testimony. Plaintiff submits its written
evidence to the court during this phase and
may use demonstrative exhibits (e.g., charts
and photographs) to help make its points.
The Plaintiff must present proof of each
necessary element of each of its claims.
TRIAL
Plaintiff’s
Case-In-Chief

14. Defendant presents the testimony of its lay
and expert witnesses by way of direct
examination. Once a defense witness’s direct
examination is concluded, the Plaintiff has
the opportunity to “cross-examine” the
witness to try to cast doubt on the witness’s
testimony. This is also when the defendant
submits its written evidence to the court and
uses demonstrative exhibits to help make its
points.
TRIAL
Defendant’s
Case-In-Chief

15. Through additional testimony and exhibits,
the Plaintiff responds to and attempts to
discredit the points made by the Defendant
in its case-in-chief. The Plaintiff gets the
proverbial last word.
TRIAL
Plaintiff’s
Rebuttal

16. Oral Presentations made by the lawyers to
the jury or judge that review the evidence
that was presented, argue how it tends to
prove or disprove its claims or defenses, and
ask for a verdict in the favor of their clients.
TRIAL
Closing
Statements

17. The judge reads a set of instructions to the
jury that describe what it needs to do to
decide the case. The jury is told what the law
is that they must follow and the procedure
they must follow to reach a verdict.
TRIAL
Reading Of Jury
Instructions

18. In a jury trial, the jury will deliberate and then
come back into court and orally announce its
decision. In a bench trial, the judge may
state his or her verdict at the end of the trial,
or issue a written ruling sometime
afterwards.
TRIAL
Verdict

19. EVIDENCE
The term “evidence” refers to witness
testimony, written documents, answers to
interrogatories given by a party during the
discovery phase, answers to requests for
admissions given by a party during the
discovery phase, and the sworn testimony of
witnesses given at depositions and/or trial.
In order for the judge or jury to be able to
consider a piece of evidence, it must be
legally “admissible.” Not all evidence is
admissible.
TRIAL
Meaning Of
Other Terms

20. LAY WITNESSES
Witnesses who testify at trial concerning
facts that they know directly from their own
involvement in the matter at issue. Such
witnesses must have first-hand knowledge, or
what is referred to as “foundation”, to testify
concerning facts that are relevant to the case
TRIAL
Meaning Of
Other Terms

21. EXPERT WITNESSES
Witnesses used in some, but not all, trials
who have specialized knowledge that enables
them to testify about a subject that would
help the judge or jury understand a complex
matter that is not within the knowledge of the
average juror.
TRIAL
Meaning Of
Other Terms

22. ALTERNATIVES TO
LAWSUITS AND TRIALS
MEDIATION
A proven method for resolving disputes without the need for
litigation or court costs. The process is guided by a mediator
who is a neutral party, who assists the parties in reaching a
voluntary agreement. The mediator does not render a
judgment as to who wins and who loses. There is no
requirement that a settlement be reached in mediation, and
the mediator has no authority to impose a settlement on
anyone. Typically, the mediation is held at the mediator’s
offices, but can be held anywhere the parties agree. Any
type of dispute can be mediated at a fraction of the cost of
litigation.
ARBITRATION
Sometimes referred to as a “mini-trial,” an arbitration has
many of the same features as a case filed in court but
without the same level of cost and expenditure of time. A
typical arbitration can be concluded within 6-9 months. Each
party presents its evidence to one or more chosen or
appointed arbitrators in a more informal setting such as a
conference room, and those arbitrators render a binding
decision.

23. CONTACT
www.WeinbergerLawAZ.com
Weinberger Law Firm
5635 N. Scottsdale Road, Suite 170
Scottsdale, Arizona 85250
BRIAN A. WEINBERGER, ESQ.
Brian A. Weinberger has practiced for over 32 years as a
trial lawyer and mediator, all in the Phoenix Metropolitan
area. Brian has been the recipient of various distinguished
service awards, and has appeared as a guest host and legal
moderator in KFNN Radio 1510, the Financial New Network.
Brian has also appeared in Forbes Magazine, The Wall
Street Journal, Bloomberg and several trade association
publications as a commentator on various business issues
and trade regulation.
Weinberger Law is a firm located in Scottsdale, Arizona. We
offer our services throughout the entire Phoenix area as well
as Tucson and many other cities in Arizona.