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Rule 132. Pre-Trial Matters

Arizona Revised Statutes AnnotatedJustice Court Rules of Civil Procedure

Arizona Revised Statutes Annotated
Justice Court Rules of Civil Procedure (Refs & Annos)
Part IX: Trial
17B A.R.S. Justice Court Civ.Proc.Rules, Rule 132
Rule 132. Pre-Trial Matters
a. Preparation of a pretrial statement. When the court sets a trial date, or at any time thereafter, the court may order that the parties jointly or individually prepare and file a pretrial statement by a specified date before the trial. The pretrial statement must include a summary of facts that are not in dispute; a statement of the factual and legal issues to be determined at trial; a list of each party's witnesses; if deposition testimony is going to be presented, a list of deposition page and line reference numbers that will be offered at trial; a list of each party's exhibits, and the basis of any party's objection to an exhibit. The court may impose any penalty permitted under Rule 127(d) for a violation of these requirements. [ARCP 16(d)]
b. Motion to postpone a trial date. After a trial date has been scheduled, the court may grant a motion to postpone the trial only if there are good reasons, or if the parties agree to a postponement. The mere filing of a motion or an agreement to postpone a trial does not vacate the trial date. The failure of a plaintiff to appear at the time set for trial may result in dismissal of the lawsuit, and the failure of a defendant to appear at the time set for trial may result in a judgment for the plaintiff. [ARCP 38.1(i)]
c. Pretrial motions regarding the admissibility of evidence. No later than forty (40) days before trial, the parties must discuss the admissibility of evidence. If the parties cannot agree on the admissibility of particular evidence at a trial, a party may file a written motion at least thirty (30) days before trial regarding admission or exclusion of that evidence. A party may file a response to a pretrial motion regarding evidence within ten (10) days after the motion has been served, but the moving party may not file a reply. The judge will rule on pretrial motions concerning evidence that are submitted in accordance with this rule before the start of the trial, unless the judge determines the issue of admissibility is better considered at trial. The failure to file a motion in compliance with this rule is not a waiver of the right to object to evidence at trial. [ARCP 7.2]

Credits

Adopted Aug. 30, 2012, effective Jan. 1, 2013.
17B A. R. S. Justice Court Civ. Proc. Rules, Rule 132, AZ ST J CT RCP Rule 132
State Court Rules are current with amendments received and effective through 7/1/22. The Code of Judicial Administration is current with amendments received through 7/1/22.
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