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Rule 123. Hearing Procedures

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 123
Rule 123. Hearing Procedures
(a) Subpoenas. The court may issue and enforce a subpoena, and a party may serve a subpoena, as provided by Civil Rule 45 and by law.
(b) Prehearing Statement.
(1) Requirement. No later than 10 days before the hearing, the parties must confer, prepare, and submit to the arbitrator a joint written prehearing statement. The parties are encouraged to agree on facts and issues.
(2) Content. The statement must contain the following:
(A) a brief statement of the nature of each party's claims or defenses;
(B) a witness list including the subject matter of witness testimony for each witness who will be called to testify;
(C) an exhibit list; and
(D) the estimated time required for the Alternative Resolution hearing.
(3) Evidence Excluded. Unless the parties agree otherwise or the offering party shows good cause, no witness or exhibit may be offered at the hearing other than those listed and exchanged.
(c) Evidence. The Arizona Rules of Evidence apply to Alternative Resolution hearings, except as provided in (d). Certificates or controverting certificates under Rule 102 are not admissible evidence concerning the merits of the case.
(d) Documentary Evidence. Unless a document is not what it appears to be and an objection is stated in the prehearing statement, the arbitrator must admit into evidence the following documents without further proof, if relevant and listed in the prehearing statement:
(1) hospital bills, if on the hospital's official letterhead or billhead, dated, and itemized;
(2) bills of doctors and dentists, if dated and stating the date of each visit and the incurred charges;
(3) bills of registered nurses, licensed practical nurses, or physical therapists, if dated and stating the date and hours of service, and the incurred charges;
(4) bills for medicine, eyeglasses, prosthetic devices, medical belts, or similar items, if dated and itemized;
(5) property repair bills or estimates setting forth the costs or estimates for labor and material, if dated, itemized, and stating whether the property was, or is estimated to be, repaired in full or in part;
(6) a witness's deposition testimony, whether or not the witness is available to appear in person;
(7) an expert's sworn written statement, other than a doctor's medical report, whether or not the expert is available to appear in person, but only if:
(A) the statement is signed by the expert and summarizes the expert's qualifications; and
(B) the statement contains the expert's opinions, and the facts on which each opinion is based;
(8) in a personal injury action, a doctor's medical report, if a copy of the report was disclosed at least 20 days before the hearing, unless the opposing party shows good cause;
(9) records of regularly conducted business activity qualified under Arizona Rule of Evidence 803(6) and certified records of a regularly conducted activity under Rules 902 (11) and (12) of the Arizona Rules of Evidence; and
(10) a sworn witness statement, except from an expert witness, whether or not the witness is available to appear in person, if listed in the prehearing statement.
(e) Record of Proceedings. The arbitrator is not required to make a record of the hearing. If any party wants a court reporter to transcribe the hearing, the party must pay for and provide the reporter. The reporter's charges are not considered costs in the action.

Credits

Added Oct. 26, 2017, effective Nov. 1, 2017, until Dec. 31, 2021. Rule extended 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 123, AZ ST PIMA FASTAR Rule 123
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.
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