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Rule 30. Arizona Appellate Settlement Conference Program

Arizona Revised Statutes AnnotatedRules of Civil Appellate Procedure

Arizona Revised Statutes Annotated
Rules of Civil Appellate Procedure (Refs & Annos)
Part V: Settlement
Arizona Rules of Civil Appellate Procedure (ARCAP), Rule 30
Rule 30. Arizona Appellate Settlement Conference Program
(a) Generally. The Arizona Appellate Settlement Conference Program (the “program”) provides an alternative process for resolving certain civil appeals. The program's objectives are to provide parties to an appeal a procedure to:
(1) Realistically explore settlement of the entire case or issues in the case;
(2) Limit and simplify issues on appeal; and
(3) Aid the speedy and just resolution of the appeal.
Every appeal filed in the Arizona Court of Appeals under these Rules is eligible for the program except criminal appeals; appeals involving habeas corpus petitions; appeals in which a party is incarcerated; appeals from juvenile court; appeals from the Arizona Department of Economic Security Appeals Board; direct appeals from the Corporation Commission; special actions; and any other appeal that the appellate court determines to be inappropriate for the program. The program is available at no additional court cost to the parties beyond the normal appellate filing fees.
(b) Division Policies. Each division of the Court of Appeals may establish its policy for: parties to participate in the program or to object to participation; assignment of cases to the program; selection of appellate mediators; and other procedures including settlement conferences. Each policy must provide that:
(1) All proceedings in this program are confidential, are not discoverable, and are inadmissible in evidence in any judicial proceeding. A party to an appeal selected for the program likewise may not communicate to a third person any information that he or she discusses or learns of in the course of the program, except to the extent required by law or compelled by process.
(2) Appellate mediators, settlement conference attorneys and all other court employees involved in the program are absolutely immune from suit for all conduct in the course of their official duties.
(3) Any person who participates as an appellate mediator must not later participate in any way in the consideration or disposition of the appeal.
Program policies for each division must be published on the division's website, and be available at the office of the appellate clerk.

Credits

Added Oct. 21, 1997, effective Dec. 1, 1997. Amended June 10, 2003, effective July 1, 2003; Nov. 29, 2006, effective Nov. 28, 2006; Sept. 18, 2006, effective Jan. 1, 2007. Adopted on permanent basis Sept. 5, 2007. Amended Sept. 2, 2014, effective on an expedited basis, Sept. 1, 2014; Sept. 2, 2014, effective Jan. 1, 2015. Amended and effective on a permanent basis, Dec. 16, 2014.

Editors' Notes

APPLICATION
<The Jan. 1, 2015 amendment is applicable to all appeals filed on or after Jan. 1, 2015, as well as all other appeals pending on that date, except when application would not be feasible or would work an injustice, so that the former rule will be applied.>
17B A. R. S. Civil Appellate Proc. Rules, Rule 30, AZ ST CIV A P Rule 30
Current with amendments received through 05/1/2020.
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