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Does this make sense


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I am going to file a motion to dismiss because statute of limitations has expired. I have the Arizona Revised Statutes to list in my motion, but I need the correct Arizona Rule of Civil Procedure to base my motion. I don't know what AZ Rule to use but I can tell they're violating Rule 3 which defines commencement of an action??

Anyways, here is the first paragraph of my motion, am I making sense?

"MY NAME (“Defendant”), appearing pro se, hereby motions this Court to dismiss the Plaintiff’s complaint filed January 04, 2012 with prejudice pursuant to Rule 3 of the Arizona Rules of Civil Procedure for failure to file a complaint within the Arizona Statute of Limitations."

Can you tell me if I am using the correct Rule?

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I don't know the rule(s), but it's universal you don't motion the court. You say, Plaintiff moves the court to (whatever).

File your motion, then file a brief in support of your motion. The motion will set out the very basic legal theory. Then you can "brief" the court in somewhat of a narrative, using more of a term paper style.

Whatever you do, fill the brief with precedent and relevant case law. Don't just say the statute of limitations are up.

Show-

There was no reason the statute should be tolled;

The kind of action you are claiming the lawsuit falls under;

How this lawsuit meets the definition of the type of action you claim;

How the claim is defective or in other words, how they screwed up;

Then the relief you want (dismissal).

I'm sure they will argue a different SOL. I think it was AZ that just changed the statute to 6 years from 3 or 4. Be ready to show why the old statute applies to you, if the default was more than 3 years but less than 6.

You have to basically leave the judge no choice but rule in your favor. You're pro se, it sucks, but the presumption is that you know nothing and just copy and pasted some stuff off the internet. So you have to really show the judge you know your stuff.

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