Rule 4. Duties of Parties and Attorneys
Arizona Revised Statutes AnnotatedRules of Procedure for Eviction ActionsEffective: January 1, 2023
Effective: January 1, 2023
17B A.R.S. Rules Proc. Evic. Act., Rule 4
Rule 4. Duties of Parties and Attorneys
a. Due Diligence. Each party and attorney filing or appearing in an eviction action or defense shall exercise due diligence to ensure that the action has a good faith basis; that the relief sought is consistent with the applicable rental agreement or applicable law; and that all required notices have been properly served. Attorneys must exercise reasonable care to ensure that their pleadings are accurate and well-grounded in fact and law.
d. Satisfaction of Judgments. Once a judgment has been satisfied by the payment of the monetary award, or the parties have entered into a new rental agreement or created a novation of the prior rental agreement, the party in whose favor the judgment was entered must file a Satisfaction of Judgment with the court that entered it within thirty days after the judgment has been paid in full and serve a copy on the judgment debtor. The duty to file the satisfaction of judgment is on the prevailing party and not on the attorney who represented the party. In the event that a prevailing party fails to satisfy a judgment rendered the judgment debtor may file a motion to compel satisfaction of judgment. The court may, after an opportunity for a hearing, order that the judgment be deemed satisfied.
e. Entry of Appearance. No attorney shall appear in any eviction action or file a pleading or any other document in any eviction action without first appearing as counsel of record and entering a notice of appearance, substitution or association as counsel. A notice of appearance, substitution or association of counsel may be written and filed with the court, or, if permitted by law, may be made orally on the record. Counsel may make an oral association limited solely to the scheduled hearing at which counsel appears, and responsibility for the matter shall remain with counsel of record.
(1) An attorney of record shall be deemed responsible as attorney of record in all matters before and after judgment until the time for appeal from a judgment has expired or a judgment has become final after appeal or until there has been a formal withdrawal from or substitution of counsel in the case.
Credits
Added Dec. 9, 2008, effective Jan. 1, 2009. Amended Dec. 8, 2022, effective Jan. 1, 2023.
17B A. R. S. Rules Proc. Evic. Act., Rule 4, AZ ST EVICTION Rule 4
Court Rules are current with amendments received and effective through August 15, 2023. The Code of Judicial Administration is current with amendments received through August 15, 2023.
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