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Rule 2.9. Compulsory Arbitration

Arizona Revised Statutes AnnotatedLocal Rules of Practice Superior Court

Arizona Revised Statutes Annotated
Local Rules of Practice Superior Court (Refs & Annos)
Pima County (Refs & Annos)
Rule 2. Civil
Motions, Proposed Orders, Oral Argument, Notice of Hearing, Telephone Conferences and Discovery
17C A.R.S. Super.Ct.Local Prac.Rules, Pima County, Rule 2.9
Formerly cited as AZ ST PIMA SUPER CT Rule 4.2
Rule 2.9. Compulsory Arbitration
(A) Amount in Controversy. All civil cases filed with the Clerk of the Court in which the Court finds or the parties agree the amount in controversy does not exceed $1,000.00, except those specifically excluded by Rules 72 through 77, Arizona Rules of Civil Procedure, must be submitted to and decided by an arbitrator or arbitrators in accordance with the provisions of A.R.S. § 12-133 and Rules 72 through 77, Arizona Rules of Civil Procedure.
(B) Certificate of Agreement or Controverting Certificate. In any case in which the Defendant does not file a Controverting Certificate pursuant to Rule 72(e)(2), Arizona Rules of Civil Procedure, it will be deemed that the defendant has agreed that the case is subject to compulsory arbitration.
(C) Appointment of Arbitrator. If applicable, an arbitrator will be appointed in cases with a single defendant, when the defendant files an answer. Otherwise, the Case Management Services Division will appoint an arbitrator no later than 120 days after the action is commenced. The case shall then proceed through Arbitration as provided by Rules 72 through 77, Arizona Rules of Civil Procedure.
(D) Alternative Dispute Resolution/Summary Jury Trial. As provided by Rule 72(d), Arizona Rules of Civil Procedure, the Court will waive the arbitration requirement if the parties agree to participate in a summary jury trial. If the parties stipulate to a summary jury trial, they must submit a Stipulation and Order and the Order must contain language removing the matter from compulsory arbitration.
(E) Motion to Continue on the Dismissal Calendar. In the event that a notice of decision has not been filed within 270 days after the action was commenced as prescribed by Rule 38.1(d), Arizona Rules of Civil Procedure, Case Management Services will place the matter on the Dismissal Calendar. Any motion or stipulation for an extension of time to remain on the Dismissal Calendar must establish good cause and be submitted to the assigned trial judge. The motion or stipulation must set forth when a hearing has, or will be, conducted, and the amount of time the party or parties seek to keep the case on the Dismissal Calendar.
(F) Compensation of Arbitrator. An arbitrator assigned to a compulsory arbitration matter is entitled to receive as compensation for services a fee of $140 per day for each day, or part thereof, necessarily expended in the hearing of the case. “Hearing” is defined by Rule 76(f), Arizona Rules of Civil Procedure.

Credits

Added effective July 1, 2018.
17C A. R. S. Super. Ct. Local Prac. Rules, Pima County, Rule 2.9, AZ ST PIMA SUPER CT Rule 2.9
State Court Rules are current with amendments received through March 1, 2024. The Code of Judicial Administration is current with amendments received through February 15, 2024.
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