Rule 12. Trial by Jury
Arizona Revised Statutes AnnotatedRules of Procedure for Eviction Actions
17B A.R.S. Rules Proc. Evic. Act., Rule 12
Rule 12. Trial by Jury
a. When an action is called for trial by jury, the jury panel shall be assembled. Voir dire may be conducted by the court. Failure to submit written voir dire questions a day before the panel is assembled waives the right to submit questions. When, after challenges for cause, a panel of thirteen in justice court or fifteen in superior court is available, the court shall permit three peremptory challenges per side to reduce the jury to seven in justice court or nine in superior court. One of the jurors shall be selected as the alternate after the evidence is presented and before deliberations.
b. Immediately after the jury is sworn, the court shall instruct the jury concerning its duties, its conduct, the order of proceedings, and the elementary legal principles that will govern the proceeding. At least one day prior to the commencement of a jury trial, any party may file written requests that the court instruct the jury on the law as set forth in the requests. A party shall be deemed to have waived request for other instructions except those that could not reasonably have been anticipated prior to trial.
c. The order of trial shall be as follows: The plaintiff or the plaintiff's counsel may read the complaint to the jury and make a statement of the case; the defendant or the defendant's counsel may read the answer and counterclaim, if any, and may make a statement of the case to the jury, but may defer making such statement until after the close of the evidence on behalf of the plaintiff; the plaintiff shall then introduce evidence; the defendant shall then introduce evidence; the plaintiff may then introduce rebutting evidence; the defendant may then introduce rebutting evidence in support of any counterclaim(s). The parties then may make closing arguments in the same order.
d. If the jurors are permitted to separate during the trial, they shall be admonished by the court that it is their duty not to converse with or permit themselves to be addressed by any person on any subject connected with the trial. When the jurors retire to deliberate, they shall be kept together in a convenient place, in the charge of a proper officer who shall not allow any communication to be made to them, or make any, except to ask them if they have agreed upon their verdict.
Added Dec. 9, 2008, effective Jan. 1, 2009.
17B A. R. S. Rules Proc. Evic. Act., Rule 12, AZ ST EVICTION Rule 12
Current with amendments received through 05/1/2020.
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