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Rule 39. Costs and Attorney Fees

Arizona Revised Statutes AnnotatedArizona Rules of Protective Order ProcedureEffective: January 1, 2022

Arizona Revised Statutes Annotated
Arizona Rules of Protective Order Procedure
Part VIII. Contested Protective Order Hearings
Effective: January 1, 2022
17B A.R.S. Rules Protect.Ord. Proc., Rule 39
Formerly cited as AZ ST RPOP Rule 2
Rule 39. Costs and Attorney Fees
Currentness
(a) Award. After a hearing with notice to the affected party, a judicial officer may order any party to pay the costs of the action, including reasonable attorneys' fees, if any. See A.R.S. ยงยง 13-3602(T), 12-1809(P), and 12-1810(P).
(b) Considerations. In determining whether to award costs or attorney fees, the judicial officer may consider:
(1) the merits of the claim or the defense asserted by the unsuccessful party;
(2) whether the award will pose an extreme hardship on the unsuccessful party; and
(3) whether the award may deter others from making valid claims.

Credits

Formerly Rule 2 in part, added Sept. 5, 2007, effective Jan. 1, 2008. Amended Sept. 16, 2008, effective Sept. 26, 2008. Adopted on a permanent basis effective Sept. 3, 2009. Renumbered Rule 39 and amended Aug. 27, 2015, effective Jan. 1, 2016. Amended on an emergency basis Aug. 25, 2021, effective Sept. 29, 2021, adopted on a permanent basis effective Jan. 1, 2022.
17B A. R. S. Rules Protective Order Proc., Rule 39, AZ ST RPOP Rule 39
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
End of Document