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Rule 121. General Duties of an Arbitrator

Arizona Revised Statutes AnnotatedPima County Rules for the Fast Trial and Alternative Resolution (“Fastar”) Pilot ProgramEffective: December 31, 2021

Arizona Revised Statutes Annotated
Pima County Rules for the Fast Trial and Alternative Resolution (“Fastar”) Pilot Program
Part Three: Rules for Alternative Resolution
Effective: December 31, 2021
AZ A.R.S. Fast Trial and Alt.Res.Prog. Rules, Pima County, Rule 121
Rule 121. General Duties of an Arbitrator
Currentness
(a) Arbitrator's Powers. The arbitrator has the power to administer oaths or affirmations to witnesses, determine the admissibility of evidence, and decide the law and the facts in a case. An arbitrator is personally immune from suit with respect to actions taken under this and the following rules.
(b) Arbitrator's Rulings.
(1) Authorized Rulings. After assignment of a case, the arbitrator will make all legal rulings, including rulings on motions, except on:
(A) motions to continue on the dismissal calendar or otherwise extend the time allowed under Civil Rule 38.1(d);
(B) motions to consolidate actions under Civil Rule 42;
(C) motions to dismiss;
(D) motions to withdraw as attorney of record under Civil Rule 5.3;
(E) motions for summary judgment that, if granted, would dispose of the entire case as to any party;
(F) motions for sanctions under Civil Rule 68(g); and
(G) motions concerning disclosure and discovery.
(2) Procedure. The parties must deliver to the arbitrator copies of all documents requiring the arbitrator's consideration. The arbitrator may hear motions and testimony by telephone.
(c) Receipt of Court File. If the arbitrator believes the court file contains materials needed to conduct the Alternative Resolution hearing, the arbitrator may, within 4 days before the hearing, sign for and receive the original superior court file from the clerk, if the file exists in paper form. Otherwise, the clerk must provide the arbitrator access to an electronic copy of the file. The clerk may deliver documents electronically to any arbitrator who files a consent acceptable to the clerk. Alternatively, the arbitrator may order the parties to provide pleadings and other documents the arbitrator deems necessary.
(d) Offer of Judgment. A party to an action subject to Alternative Resolution may serve an offer of judgment under Civil Rule 68.

Credits

Added Oct. 26, 2017, effective Nov. 1, 2017, until Dec. 31, 2021. Amended Dec. 8, 2021, effective Dec. 31, 2021, until further order of the court.
A.R.S. Fast Trial and Alt.Res.Prog. Rules, Pima County, Rule 121, AZ ST PIMA FASTAR Rule 121
State Court Rules are current with amendments received through August 15, 2024. The Code of Judicial Administration is current with amendments received through August 1, 2024.
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