Set Asides & Appeals

You may have a right to file for a Set Aside or Appeal an eviction judgment with the court.
If the tenant was evicted despite having a legal defense to Eviction and the tenant wants to try to have the Judgment overturned, the tenant has two options:
File a Motion to Set Aside the Judgment
R.P.E.A. Rule 15
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Motion to Set Aside the Judgment

If the tenant wants to try to have the Justice Court cancel the Judgment, the tenant can go to the Clerk of the Justice Court where the hearing took place and file a Motion to Set Aside the Judgment.
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A "Motion" is a written request to the court. A “Motion to Set Aside the Judgment” is sometimes also called a “Motion for Reconsideration” or a “Motion for Relief”.
If the tenant files the Motion to Set Aside the Judgment right away – while the tenant is still living on the property – the Justice Court will treat the Motion as an emergency matter and make a decision within 3 business days.
R.P.E.A. Rule 15(c)
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Using the Motion to Set Aside the Judgment, the tenant can ask the Justice Court to cancel the Judgment for any of the following reasons:
The Complaint was filed in the jurisdiction; either the wrong Justice Court location or the amount being sought is more than $10,000 and belongs in Superior Court.
R.P.E.A. Rule 15(a)(1)

The tenant did not owe money to the landlord when the landlord filed the eviction Complaint.
R.P.E.A. Rule 15(a)(2)

The landlord accepted a partial payment from the tenant without having the tenant sign a waiver.
R.P.E.A. Rule 15(a)(2)

The Landlord did not deliver a proper Notice to the tenant.
R.P.E.A. Rule 15(a)(3)

The Landlord did not properly deliver the Notice to the tenant.
R.P.E.A. Rule 15(a)(3)

Someone involved in the process made a significant mistake.
R.P.E.A. Rule 15(a)(4)

Newly discovered facts give the tenant a possible legal defense to eviction.
R.P.E.A. Rule 15(a)(5)

The tenant had filed for bankruptcy.
R.P.E.A. Rule 15(a)(6)

The tenant qualifies for relief under the Servicemembers Civil Relief Act.
R.P.E.A. Rule 15(a)(7)

The tenant and landlord both agree to have the Judgment Set Aside.
R.P.E.A. Rule 15(a)(8)

The Judgment is unlawful in some other way.
R.P.E.A. Rule 15(a)(9)

Someone involved in the process committed fraud or misrepresented something or engaged in other misconduct.
R.P.E.A. Rule 15(a)(10)
A Motion should be filed within a reasonable time. A Set Aside Motion must be filed within 60 days after the Judgment for one of these reasons:
  • The tenant did not owe money to the landlord when the Complaint was filed, 
  • The landlord acceptes a partial payment from the tenant without a signed waiver, 
  • Someone in the court process made a significant mistake, or
  • New facts were discovered by the tenant that would give them a possible legal defense.
If the landlord was granted a Default Judgment, the tenant cannot appeal it, but they can apply for a Set Aside. If a motion for Set Aside is denied, it may be appealed.
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Appeal

If the tenant wants to ask the Superior Court to overturn the Justice Court’s decision, the tenant can go to the Clerk of the Justice Court where the hearing took place and file a Notice of Appeal.
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The tenant must file the Notice of Appeal within 5 days of the Judgment.
A.R.S. § 12-1179(a)  |  S.C.R.A.P. Rule 4(a)
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The 5 day period begins on the day after the date of the Judgment.
R.P.E.A. Rule 3(c)
All calendar days – including Saturdays, Sundays, and holidays – count toward the 5 day period.
R.P.E.A. Rule 3(a)
If the 5th day is a Saturday, Sunday, or holiday, the period for filing the Appeal
ends on the next business day.
R.P.E.A. Rule 3(d)
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The tenant can only appeal the Judgment if the tenant appeared at the hearing. If the landlord was granted a Default Judgment, the tenant cannot appeal it.
If the tenant wants to continue to live on the property while the Appeal is being decided, the tenant must pay a “Supersedeas” Bond to the Clerk of the Justice Court.
A.R.S. § 12-1179(C)  |  R.P.E.A. Rule 17(b)(3)  |   S.C.R.A.P. Rule 6(a)
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The Supersedeas Bond is a temporary payment by the tenant to the Justice Court of the amount of the Money Judgment. If the tenant wins the Appeal, the tenant gets the money back. If the tenant loses the Appeal, the landlord gets the money.

The payment of a Supersedeas Bond “stays” (freezes) both the Money Judgment and the Judgment for Possession.
A.R.S. § 12-1179(C)  |  A.R.S. § 12-1180  |  S.C.R.A.P. Rule 6(a)(2)

After a Supersedeas Bond is paid...

If the Writ of Restitution has not yet been issued, it will not be issued.
If the Writ of Restitution has been issued but not yet executed, it will not be executed.
If the Writ of Restitution has been executed, it will be recalled.
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If the tenant wants to continue to live on the property while the Appeal is being decided, the tenant must continue to comply with the rental agreement by continuing to pay their rent on time and in full.
A.R.S. § 12-1179(D)  |  R.P.E.A. Rule 17(a)(5)  |  S.C.R.A.P. Rule 6(a)(5)
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If an Appeal is not successful, the Judge may issue the Writ of Restitution right away or may wait a few days.