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Rule 74. General Proceedings and Prehearing Procedures

Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
IX. Compulsory Arbitration
Effective: September 1, 2019
16 A.R.S. Rules of Civil Procedure, Rule 74
Formerly cited as AZ ST RCP Rule 75(b)
Rule 74. General Proceedings and Prehearing Procedures
(a) Arbitrator's Powers. The arbitrator has the power to administer oaths or affirmations to witnesses, determine the admissibility of evidence, and decide the law and the facts in an action.
(b) Initial Disclosure. Unless the parties agree or the arbitrator orders otherwise, the parties must serve their initial disclosure required under Rule 26.1 no later than the deadline provided in Rule 26.1(f).
(c) Scheduling an Arbitration Hearing. The arbitrator must set a hearing date not earlier than 60 days nor later than 120 days after the arbitrator's appointment. If good cause exists, an arbitrator may set a hearing date that is before or after this time period, or reschedule a noticed hearing date for a date later than 120 days after the arbitrator is appointed. The arbitrator must provide at least 30 days' written notice of the hearing's time and place, unless waived by the parties. Unless the parties agree otherwise, no hearings may be held on Saturdays, Sundays, legal holidays, or evenings.
(d) Arbitrator's Rulings.
(1) Authorized Rulings. After an action has been assigned to an arbitrator, the arbitrator will make all legal rulings, including rulings on motions, except on:
(A) motions to continue on the Dismissal Calendar or otherwise extend time allowed under Rule 38.1(d);
(B) motions to consolidate actions under Rule 42;
(C) motions to dismiss;
(D) motions to withdraw as attorney of record under Rule 5.3;
(E) motions for summary judgment that, if granted, would dispose of the entire case as to any party; and
(F) motions for sanctions under Rule 68(g).
(2) Procedure. The parties must deliver to the arbitrator copies of all documents requiring the arbitrator's consideration. The arbitrator may hear motions and testimony by telephone.
(3) Discovery Motions. In ruling on discovery motions, the arbitrator should consider that the purpose of compulsory arbitration is to provide for the efficient and inexpensive handling of small claims, and may limit discovery when appropriate to accomplish this purpose.
(4) Interlocutory Appeal of Discovery Ruling. If an arbitrator makes a discovery ruling requiring the disclosure of matters that a party claims are privileged or otherwise protected from disclosure, the party may appeal the ruling by filing a motion with the judge assigned to the action within 10 days after the arbitrator transmits the ruling to the parties. No party need respond to the motion unless the court so orders, but no such motion may be granted without the court providing an opportunity for response. The arbitrator's ruling is subject to de novo review by the court. If the court finds that the motion is frivolous or was filed for the purpose of delay or harassment, the court must impose sanctions on the party filing the motion, including an award of reasonable attorney's fees incurred in responding to the motion. The time for conducting an arbitration hearing is tolled while such motion is pending.
(e) Time for Filing Summary Judgment Motion. A motion for summary judgment must be filed at least 20 days before the date for hearing. A copy of the motion must be delivered to the arbitrator and judge assigned to the action. The time for conducting an arbitration hearing is tolled while any such motion is pending. If the court finds that the motion is frivolous or was filed for the purpose of delay or harassment, it must impose sanctions on the party filing the motion, including an award of reasonable attorney's fees incurred in responding to the motion.
(f) Receipt of Court File. If the arbitrator believes the court file contains materials needed to conduct the arbitration hearing, the arbitrator may, within 4 days before the hearing, sign for and receive the original superior court file from the clerk, if the file exists in paper form. If the clerk maintains an electronic court record, the arbitrator must have access to the original or to a certified paper or electronic copy of the file. The clerk may deliver the documents electronically to any arbitrator who files a consent in a form acceptable to the clerk. Alternatively, the arbitrator may order the parties to provide the arbitrator those pleadings and other documents the arbitrator deems necessary.
(g) Settlement of Actions Assigned to Arbitration. If the parties settle an action assigned to arbitration, they must file with the court an appropriate stipulation for the entry of final judgment or a dismissal order, and must mail or otherwise deliver a copy to the arbitrator. The arbitration terminates on entry of the judgment or order.
(h) Offer of Judgment. A party to an action subject to arbitration may serve an offer of judgment under Rule 68.

Credits

Added Sept. 2, 2016, effective Jan. 1, 2017. Amended Aug. 31, 2017, effective July 1, 2018.
16 A. R. S. Rules Civ. Proc., Rule 74, AZ ST RCP Rule 74
Current with amendments received through 08/15/2020.
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