Legal Question in Credit and Debt Law in Arizona
rule 38 dismissing of case?
What is Rule 38 and what does the following mean?
''Order: Plaintiff having submitted a motion for judgement on pleadings and defendant having responded, therefore and arbitrator haaving fully considered the motion, IT IS HEREBY ORDERED DENYING PLANTIFF MOTION FOR JUDGEMENT ON PLEADINGS''
Mother is ill and recuperating in another state with child. She received something that said there was 150 day minute entry. She does not think she owes this debt and they have not shown any proof it is hers.
1 Answer from Attorneys
Re: rule 38 dismissing of case?
Rule 38 concerns demanding a jury trial.
Based on the information you have provided, the Plaintiff (person suing the mother) filed a Motion for Judgment on the Pleadings (they asked for judgment); the arbitrator (similar to judge) denied the Plaintiff's motion, so the matter is still ongoing. The 150 day notice is from the court informing both parties that this matter needs to be active or it will go inactive, then dismissed. To get info re the debt, the Plaintiff and the mother needs to file/exchange a Disclosure Statement - which shows what proof each party has...
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