PIMA COUNTY CONSOLIDATED JUSTICE COURT
115 N. CHURCH AVENUE, TUCSON, AZ 85701-1130
SUPPLEMENTAL PROCEEDINGS/DEBTOR'S EXAM
INSTRUCTIONS TO FILING PARTY
Supplemental Proceedings/Debtor's Exams are used to bring the Judgment Debtor back into court on a date assigned by the Civil Clerk. The Judgment Debtor will be required to tell the Judge under oath about assets that may be used to satisfy the Judgment. This packet contains the following three forms:
a PETITION (original and 3 copies)
a CIVIL SUBPOENA (original and 1 copy)
an ORDER/PRAECIPE (original)
1.COMPLETE THE PETITION:Fill in the case caption, case number, and the blanks on the Petition with the information requested. Sign the petition in front of a Notary Public or a Deputy Clerk of the Court.
2.COMPLETE THE SUBPOENA: On the Subpoena, fill in the case caption, case number, and the name of the person who is being subpoenaed in the space provided. The Civil Clerk will then fill in the hearing date on the documents and issue the Subpoena. Attach “Exhibit A” to the subpoena.
3.COMPLETE THE ORDER: Fill in the case caption, case number, and check the line in the menu to request that the Subpoena be issued. Sign the Order/Praecipe on the line that indicates which party you are.
4.OBTAIN A HEARING DATE:Take all completed paperwork to the Customer Service Windows and a hearing date will be assigned. The Clerk will issue the Subpoena and affix the Court seal to it. After this is done, the papers are ready to be served on the Judgment Debtor.
5.ARRANGE FOR SERVICE OF THE PAPERS:One set of papers is taken to either the Constable's office or to a process server for service on the other party. The other set is kept by the filing party.
- THE HEARING:Appear before the Judge on the hearing date assigned.
JP13 (Rev 10-31-06)ec/mtilton
EXHIBIT "A"
LIST OF DOCUMENTS AND THINGS TO BE PRODUCED
1.Copies of your pay stubs or statement of earnings for you and your spouse's employment for the last six (6) months.
2.Bank or Savings and Loan statements on all checking and savings accounts belonging to you or your spouse for the last six (6) months.
3.Copies of your Federal and State Income Tax returns for the last two (2) years.
4.Copies of any quarterly estimates of Federal or State Income Tax filed by you.
5.All evidence of certificates of stock and bonds or statements that show evidence of stocks and bonds belonging to you or which you have any interest either alone or jointly with any other person for the last year.
6.All life insurance policies now in effect on your life or those naming you as a beneficiary.
7.All evidence of any and all notes, contracts, negotiable instruments receivable or accounts receivable whether due or not due belonging to you or in which you have any interest either alone or jointly with any other person for the last year.
8.All titles, deeds or contracts of sale for any real property owned, purchased or being purchased or sold, in which you have any interest either alone or jointly with any other person for the last year.
9.A complete list of all items of personal property owned by you whose value exceeds $500, including but not limited to automobiles, boats, household fixtures, furnishings and appliances, whether they are paid for or not.
JP13 (Rev 10/31/06)ec/mtilton
PIMA COUNTY CONSOLIDATED JUSTICE COURT, 115 NORTH CHURCH AVE., TUCSON, AZ 85701-1130
PLAINTIFF(Name/Address/Phone) / CASE NO.
______
PETITION FOR SUPPLEMENTAL PROCEEDINGS
(DEBTOR'S EXAM) / DEFENDANT
(Name/Address/Phone)
PETITIONER, being first duly sworn, upon his/her oath deposes and says:
1.That s/he is the Plaintiff/Defendant and Judgment Creditor in this action;
2.That judgment was entered on ______in his/her favor in the sum of $______, court costs in the sum of $______, plus interest at ______% from ______;
- That Petitioner believes the Debtor is/is not employed and/or is in possession of cash or other tangible personal property which could be used to satisfy the Judgment in this case;
- That Petitioner believes that the Debtor may have in his/her possession records, books, documents and accounts that reflect liabilities and the disposition of property.
DATED:
Plaintiff/Defendant
VERIFICATION
STATE OF ARIZONA)
) ss.
COUNTY OF PIMA)
I swear/affirm that I am the Judgment Creditor in this action, that I have read this Petition, and that the statements are true to the best of my knowledge.
Affiant
SUBSCRIBED AND SWORN to before me this date:
My Commission Expires:
Clerk/Notary Public
SUPPLEMENTAL PROCEEDINGS/DEBTOR'S EXAM HEARING
Please take notice that the Court has set this matter for hearing as follows:
DATE:TIME:
This matter will not be postponed except for a good reason filed in writing with the Court.
Requests for reasonable accommodation for persons with disabilities must be made to the court by parties at least three (3) working days in advance of a scheduled court proceeding.
JP13 (Rev 10/31/06)/ec/mtilton Original-Court, Copy-Plaintiff, 2 Copies-Constable/Process Server
PIMA COUNTY CONSOLIDATED JUSTICE COURT 115 NORTH CHURCH AVE. TUCSON, AZ 85701-1130
PLAINTIFF(Name/Address/Phone) / CASE NO.
______
CIVIL SUBPOENA
DUCES TECUM / DEFENDANT
(Name/Address/Phone)
STATE OF ARIZONA TO: ______
Name
______
Address
______
City State Zip
You are ordered to appear at the above-named Court as indicated:
You are ordered to appear at the following address as indicated:
______
DATE:TIME:
AND remain there until excused by the Judge, to give testimony on behalf of the above-named party.
Check one: Plaintiff Defendant
If you want the person to bring something with them, check the box below:
DUCES TECUM - YOU ARE FURTHER ORDEREDto bring the items listed below with you:
IF YOU FAIL TO APPEAR AS ORDERED, A WARRANT MAY BE ISSUED FOR YOUR ARREST PURSUANT TO RULE 64.1, Arizona Rules of Civil Procedure. Your duties regarding this Subpoena are outlined on the back of this form.
REQUESTS FOR REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES MUST BE MADE AT LEAST THREE (3) WORKING DAYS IN ADVANCE OF A SCHEDULED COURT PROCEEDING.
LISA R. ROYAL
Clerk of the Pima County Consolidated Justice Court
DATED:By
Clerk
CERTIFICATE OF SERVICE
Date Received: Date Served: Time Served:
Person Served:
Location where Served:
County:
I certify that I personally served this document as stated above.
Constable/Process Server
STATEMENT OF COSTS
Service Fee: $______Mileage Fee: $______Other: $______TOTAL: $______
JP22 (Rev. 10/18/06)/ec/mtilton ORIGINAL-COURT with return; CANARY-Person being subpoenaed; PINK-Filing Party
Your Duties In Responding To This Subpoena
You have the duty to produce the documents requested as they are kept by you in the usual course of business, or you may organize the documents and label them to correspond with the categories set forth in this subpoena. See Rule 45(d)(1) of the Arizona Rules of Civil Procedure.
If this subpoena asks you to produce and permit inspection and copying of designated books, papers, documents, tangible things, or the inspection of premises, you need not appear to produce the items unless the subpoena states that you must appear for a deposition, hearing or trial. See Rule 45(c)(2)(A) of the Arizona Rules of Civil Procedure.
Your Right To Object
The party or attorney serving the subpoena has a duty to take reasonable steps to avoid imposing an undue burden or expense on you. The Court enforces this duty and may impose sanctions upon the party or attorney serving the subpoena if this duty is breached. See Rule 45(c)(1) of the Arizona Rules of Civil Procedure.
You may object to this subpoena if you feel that you should not be required to respond the request(s) made. Any objection to this subpoena must be made within 14 days after it is served upon you, or before the time specified for compliance, by providing a written objection to the party or attorney serving the subpoena. See Rule 45(c)(2)(B) of the Arizona Rules of Civil Procedure.
If you object because you claim the information requested is privileged or subject to protection as trial preparation material, you must express the objection clearly, and support each objection with a description of the nature of the document, communication or item not produced so that the demanding party can contest the claim. See Rule 45(d)(2) of the Arizona Rules of Civil Procedure.
If you object to the subpoena in writing you do not need to comply with the subpoena until a court orders you to do so. It will be up to the party or attorney serving the subpoena to seek an order from the court to compel you to provide the documents or inspection requested, after providing notice to you. See Rule 45(c)(2)(B) of the Arizona Rules of Civil Procedure.
If you are not a party to the litigation, or an officer of a party, the court will issue an order to protect you from any significant expense resulting from the inspection and copying commanded. See Rule 45(c)(2)(B) of the Arizona Rules of Civil Procedure.
You may also file a motion in the court in which the case is pending to quash or modify the subpoena if the subpoena:
- Does not provide a reasonable time for compliance;
- Requires a non-party or officer of a party to travel to a county different from the county where the person resides or does business in person; or to travel to a county different from where the subpoena was served; or to travel to a place farther than 40 miles from the place of service; or to travel to a place different from any other convenient place fixed by an order of a court, except that a subpoena for you to appear and testify at trial can command you to travel from any place within the state;
- Requires the disclosure of privileged or protected information and no waiver or exception applies; or
- Subjects you to an undue burden. See Rule 45(c)(3)(A) of the Arizona Rules of Civil Procedure.
If this subpoena:
(a)Requires disclosure of a trade secret or other confidential research, development, or commercial trade information; or
(b)Requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party; or
(c)Requires a person who is not a party or an officer of a party to incur substantial travel expense;
The court may either quash or modify the subpoena, or the court may order you to appear or produce documents only upon specified conditions, if the party who served the subpoena shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that you will be reasonably compensated. See Rule 45(c)(3)(B) of the Arizona Rules of Civil Procedure.
A command to produce evidence or to permit inspection may be joined with a command to appear at trial or hearing or at deposition, or may be issued separately.
JP22 (Rev. 10/31/06)/ec/mtilton CANARY BACK PAGE ONLY-Person being subpoenaed
PIMA COUNTY CONSOLIDATED JUSTICE COURT, 115 NORTH CHURCH AVE., TUCSON, AZ 85701-1130
PLAINTIFF(Name/Address/Phone) / CASE NO.
REQUEST/ORDER / DEFENDANT
(Name/Address/Phone)
REQUEST TO THE CLERK:
PLEASE ENTER:
Enter dismissal: with prejudice
without prejudice
Writ of Execution
Issue subpoena(s) - Number
Issue transcript
Writ of Restitution
Satisfaction of Judgment
Certified copy of Judgment
Other:
PLAINTIFF/AUTHORIZED AGENT SIGNATURE DEFENDANT/AUTHORIZED AGENT SIGNATURE
ISSUED this date:
CLERK
TO THE JUSTICE OF THE PEACE:
PLEASE ENTER:
Default
Judgment in the sum of $______and Court Costs of $______,
Attorney's fees $ , Interest ______% per annum (interest is ten percent
per annum from the date of judgment unless otherwise ordered), Accrued interest $ ______.
PLAINTIFF/AUTHORIZED AGENT SIGNATURE DEFENDANT/AUTHORIZED AGENT SIGNATURE
IT IS SO ORDERED this date:
JUSTICE OF THE PEACE
Copy of the foregoing mailed this date:
to:
JP18 (Rev 08/16/06/mt/ec