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Rule 27. Management of Contested Probate Proceedings

Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: January 1, 2020

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part IV. Contested Proceedings
Effective: January 1, 2020
17B A.R.S. Rules Probate Proc., Rule 27
Formerly cited as AZ ST PROB Rule 28(A)
Rule 27. Management of Contested Probate Proceedings
Currentness
(a) Generally. If a petition is contested, the court must either
(1) enter an order setting litigation deadlines; or
(2) order the parties to confer and set a deadline for the parties to file a joint report and proposed scheduling order as described in this rule.
(b) Duty to Confer. If the court orders the parties to confer, the parties must discuss the following:
(1) agreements that could aid in the just, speedy, and inexpensive resolution of the case, including resolution by means other than litigation;
(2) anticipated disclosures concerning witnesses, including the number of fact witnesses, whether the parties intend to use expert witnesses, and how much deposition testimony will be necessary;
(3) anticipated disclosures of documents, including any issues already known to them concerning electronically stored information; and
(4) motions they expect to file, and whether any of the motions can be avoided by stipulations, amendments, or other cooperative activity.
(c) Contents of the Joint Report. The joint report must state, to the extent practicable, the parties' positions on the subjects set forth in sections (b) and (d) of this rule. In addition, the joint report must state whether any party has demanded a jury trial under Rule 29, and if so, whether any other party disputes the right to a jury trial. The joint report may include any other matters a party deems appropriate. However, in the joint report, the parties must not discuss details of settlement negotiations, criticize the rejection of proposed agreements, or argue that another party has taken unreasonable positions. A party's signature, or authorized signature, on the joint report is the party's certification that the party conferred in good faith regarding the subjects set forth in this rule.
(d) Contents of the Proposed Scheduling Order. The parties must submit a proposed scheduling order with their joint report. The proposed scheduling order must specify deadlines for the following by month, day, and year:
(1) serving initial disclosures under Civil Rule 26.1, if disclosure statements have not already been served or waived;
(2) identifying areas of expert testimony;
(3) identifying and disclosing expert witnesses and their opinions under Civil Rule 26.1(d);
(4) propounding written discovery;
(5) disclosing nonexpert witnesses;
(6) completing depositions;
(7) completing all discovery other than depositions;
(8) final supplementation of Civil Rule 26.1 disclosures;
(9) a settlement conference or private mediation, if ordered by the court;
(10) filing dispositive motions;
(11) filing a joint pre-trial statement, if ordered by the court; and
(12) the earliest date the parties will be ready for trial, including the anticipated number of days for trial.
(e) Contents of Scheduling Order. In addition to the items listed in section (d), the scheduling order must include either a trial date or a date for a trial-setting conference under Civil Rule 16(e). The parties may modify the dates established in a scheduling order only by court order for good cause.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Probate Proc., Rule 27, AZ ST PROB Rule 27
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.
End of Document