Rule 77. Appeal
Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: September 1, 2019
Effective: September 1, 2019
16 A.R.S. Rules of Civil Procedure, Rule 77
Rule 77. Appeal
(a) Filing a Notice of Appeal. Any party who appears and participates in the arbitration proceedings may appeal an arbitrator's award by filing a notice of appeal with the clerk. The notice of appeal must be entitled “Appeal from Arbitration and Motion for Trial Setting.” It must request that the action be set for trial in the superior court, must state the estimated length of trial, and must state whether there is a right to a jury trial and, if so, whether that right has been waived in whole or part.
(c) Deposit on Appeal. At the time of filing the notice of appeal, the appellant must deposit with the clerk a sum equal to one hearing day's compensation of the arbitrator or 10 percent of the amount in controversy, whichever is less. The court may waive the deposit only on a showing that the appellant is financially unable to make such a deposit.
(d) Appeal De Novo. Although the proceeding is denominated as an “appeal,” the parties are entitled to a trial on all issues determined by the arbitrator. The arbitrator's legal rulings and factual findings are not binding on the court or the parties. If, however, the court finds that further proceedings before the arbitrator are appropriate, it may remand the action to the assigned arbitrator.
(e) Waiver of Right to Appeal. At any time before the entry of an award by the arbitrator, the parties may stipulate in writing that the award so entered is binding on the parties. If the parties enter such a stipulation, no party may appeal or collaterally attack the award except as allowed by A.R.S. § 12-1501, et seq.
(h) Forfeiture of Deposit on Appeal; Sanctions on Appeal. If the judgment on the trial de novo is not at least 23 percent more favorable than the monetary relief or other type of relief granted by the arbitration award, the court must order that the deposit on appeal be used to pay the following costs and fees:
If the deposit is insufficient to pay those costs and fees, the court must order that the appellant pay them, unless the court, on motion, finds that imposing costs and fees would create a substantial economic hardship that is not in the interests of justice.
Added Sept. 2, 2016, effective Jan. 1, 2017. Amended Aug. 28, 2018, effective Jan. 1, 2019.
16 A. R. S. Rules Civ. Proc., Rule 77, AZ ST RCP Rule 77
Current with amendments received through 08/15/2020.
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