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Rule 124. Arbitrator's Decision, Award, and Judgment

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 124
Rule 124. Arbitrator's Decision, Award, and Judgment
(a) Arbitrator's Decision. Within 10 days after completing the hearing, the arbitrator must:
(1) file a notice of decision with the court;
(2) notify the parties of the decision in writing.
(3) notify the parties that their exhibits are available for retrieval;
(4) if an original paper file was obtained from the superior court, return it to the clerk by messenger or certified mail.
(b) Arbitrator's Award.
(1) Submission of Proposed Award. Within 10 days after the notice of decision is filed, either party may submit a proposed form of award to the arbitrator. The proposed award may include blank spaces for requested amounts for attorneys' fees and costs.
(2) Award Exceeding Limit. If an arbitrator finds that the appropriate award exceeds the limit for Alternative Resolution set by these rules or statute, the arbitrator must render an award for the full amount.
(3) Objections to Proposed Award. Within 5 days of receiving the proposed form of award, an opposing party may file objections.
(4) Final Award. Within 10 days of receiving the objections, the arbitrator must rule on the objections and file one signed original award with the clerk. On the same day, the arbitrator must mail or otherwise deliver copies of the award to all parties.
(c) Arbitrator's Failure to File Award. If the arbitrator does not file an award within 40 days after filing the notice of decision, the notice of decision will constitute the arbitrator's award.
(d) Judgment.
(1) Motion to Enter Judgment. Any party may file a motion to enter judgment on the award if no appeal is filed by the deadline for filing an appeal under Rule 126.
(2) Dismissal of the Action. If no party files a motion to enter judgment within 90 days of the filing of the notice of decision and if no appeal is pending, the clerk or court administrator must notify the parties in writing that the action will be dismissed without prejudice unless a motion to enter judgment is filed within 30 days after the date of the notice. If no motion is filed within that time, the court must dismiss the action without prejudice and enter an appropriate order regarding any posted security. No further notice to the parties is required before dismissing the action.
(e) Referral of an Action to the Assigned Judge. If the arbitrator does not file a notice of decision with the clerk within the later of 145 days after the arbitrator's assignment or 30 days after a noticed hearing, the clerk or the court administrator must refer the matter to the assigned judge for appropriate action.
(f) Application of Civil Rule 38.1(d). Civil Rule 38.1(d) (“dismissal calendar”) applies to cases in Alternative Resolution, except the words “alternative resolution” are substituted for the word “arbitration,” and “Rule 124” is substituted for “Rule 76.”

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 124, AZ ST PIMA FASTAR Rule 124
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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