§ 5.4.6 VOLUNTARY DISMISSAL
| Jurisdiction | Arizona |
§ 5.4.6 Voluntary Dismissal
A.R.S. § 12-349(C) permits a party or attorney to avoid liability if "a voluntary dismissal is filed" within a reasonable time after the party or attorney knew or should have known "that the claim or defense was without substantial justification." Under Ariz. R Civ. P. 41, a party may not unilaterally dismiss a case that is at issue (i.e., when a responsive pleading has been filed), but the courts have...
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