Rule 11. Initial Appearance and Trial Procedures
Arizona Revised Statutes AnnotatedRules of Procedure for Eviction ActionsEffective: September 1, 2019
Effective: September 1, 2019
17B A.R.S. Rules Proc. Evic. Act., Rule 11
Rule 11. Initial Appearance and Trial Procedures
(1) Call the case, identify the parties and any attorneys or representatives present and ascertain that they are properly authorized to represent the parties to the action. As provided by Arizona Supreme Court Rule 31, no property manager or other agent shall be allowed to represent a party unless he or she is the property owner, a sub lessor entitled to possession, or an attorney licensed to practice law and in good standing in Arizona.
(1) If the defendant appears and contests any of the factual or legal allegations in the complaint or desires to offer an explanation, the judge should determine whether there is a basis for a legal defense to the complaint either by reviewing a written answer filed pursuant to Rule 7 or by questioning the defendant in open court. If the court determines that a defense or proper counterclaim may exist, the court shall order a trial on the merits. If the trial is to be continued to a later date, the court may require the defendant to file a written answer. If the court orders a written answer to be filed, the court should advise the defendant of both the requirement of an answer fee and the defendant's right to apply for a waiver or deferral of the fee.
<The time period of March 18, 2020 through Nov. 1, 2020 is excluded from calculation of time under this provision by Administrative Order No. 2020-143.>
c. Continuances. Whenever possible, the trial should be held on the initial return date. The court may order the continuance of a trial date by up to three court days in justice court or ten days in superior court on the request of a party for good cause shown or to accommodate the demands of the court's calendar, but the court nevertheless shall give priority to hearing and resolving alleged “immediate and irreparable” evictions. No continuance of more than three court days in justice courts or ten days in superior courts may be ordered unless both parties are in agreement.
d. Trial Settings. Contested detainer matters shall be set for a trial by a judge alone unless a jury trial is demanded by the plaintiff in the complaint or by the defendant at or before the initial appearance. Failure to request a jury trial at or before the initial appearance shall be deemed a waiver of that party's right to a jury trial. At the initial appearance, if a jury trial has been demanded, the court shall inquire and determine the factual issues to be determined by the jury. If no factual issues exist for the jury to determine, the matter shall proceed to a trial by the judge alone regarding any legal issues or may disposed of by motion or in accordance with these rules, as appropriate.
e. Pleading Requirement. Except for those additional damage items contemplated by Rule 13(c)(2), the plaintiff shall not be permitted to advance allegations at the initial appearance or any subsequent trial unless those allegations were properly stated in the complaint. The defendant shall not be permitted to advance allegations at a continued trial that were not included in a written answer or counterclaim or in an oral answer made at the initial appearance.
Credits
Added Dec. 9, 2008, effective Jan. 1, 2009.
17B A. R. S. Rules Proc. Evic. Act., Rule 11, AZ ST EVICTION Rule 11
The Code of Judicial Administration is current with amendments received through 1/1/21. All other State Court Rules are current with amendments received through 2/1/21.
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