Rule 38.1. Setting Civil Actions for Trial; Postponements; Scheduling Conflicts; Dismissal Cale...
Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of Arizona
16 A.R.S. Rules of Civil Procedure, Rule 38.1
Formerly cited as AZ ST RCP Rule 40
Rule 38.1. Setting Civil Actions for Trial; Postponements; Scheduling Conflicts; Dismissal Calendar
(a) Trial Setting. Civil actions are set for trial under Rule 16 or 77. Preference is given to short causes and actions that are entitled to priority by statute, rule, or court order. Subject to Rule 65(a)(2), the court must give the parties notice of the trial date no later than 30 days before the first day of trial.
(1) Generally. If a court has set an action for trial on a specified date, it may not postpone the trial unless: (A) good cause exists to do so, supported by affidavit or other evidence; (B) the parties consent; or (C) postponement is required by operation of law. Trial also may be postponed as authorized or required by local rule.
(2) Motion and Certification. A party seeking postponement of a trial must file a motion setting forth the basis for the request and any supporting evidence. The party must attach a separate statement certifying that the requested postponement is not being sought solely for the purpose of delay and will serve the interests of justice.
(B) Denial of a Motion for Postponement. The court may deny a motion for postponement if, among other grounds, it finds that the expected testimony would be inadmissible if presented at trial or if all non-moving parties agree that the movant's description of the witness's expected testimony is accurate and would be admissible if presented at trial. If the non-moving parties so agree, the movant's description of the witness's expected testimony may be read to the jury at trial in place of the witness's live testimony. Such testimony may be controverted as if the witness were personally present.
(3) Notification. The clerk or court administrator, whoever is designated by the presiding superior court judge in the county, must promptly notify counsel in writing when an action is placed on the Dismissal Calendar, but they are not required to provide further notice before the court dismisses an action under Rule 38.1(d)(2).
Added Sept. 2, 2016, effective Jan. 1, 2017. Amended Aug. 31, 2017, effective July 1, 2018.
16 A. R. S. Rules Civ. Proc., Rule 38.1, AZ ST RCP Rule 38.1
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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