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Rule 18. Dismissal for Failure to Obtain a Hearing Date

Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: January 1, 2020

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part II. Initiation of Probate Proceedings
Effective: January 1, 2020
17B A.R.S. Rules Probate Proc., Rule 18
Formerly cited as AZ ST PROB Rule 15.2(D)
Rule 18. Dismissal for Failure to Obtain a Hearing Date
(a) Administrative Dismissal of Petition. If the petitioner has not, within 60 days after filing a petition, obtained an initial hearing date, the court must notify petitioner, and anyone filing a demand for notice, that the petition may be administratively dismissed 30 days from the date of the court's notice, unless within that 30 days the petitioner has obtained a hearing date or an extension of the dismissal date. This provision does not apply to a petition subject to court accountant review.
(b) Effect of Dismissal.
(1) Only Petition Filed in the Case. An order administratively dismissing the only petition filed in a probate case is a dismissal without prejudice of the entire case; however, the order dismisses only the petition if the probate case was initiated by filing a document other than a petition.
(2) Other Petitions Filed in the Case. When more than one petition has been filed in a probate case, an order administratively dismissing one petition dismisses only that petition without prejudice.
(c) Dismissal Authority. The court's authority to issue notices and to dismiss petitions and cases under this rule may be performed by court administration or by an appropriate electronic process under the court's supervision.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020. Amended Dec. 12, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Probate Proc., Rule 18, AZ ST PROB Rule 18
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
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