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Rule 29. Demand for Jury Trial

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 29
Rule 29. Demand for Jury Trial
(a) Demand. On any issue triable of right by a jury, a party may obtain a jury trial by filing a written demand at any time after the proceeding is commenced, but no later than 30 days after the initial hearing on the petition. The demand may not be combined with any other motion or pleading.
(b) Specifying Issues. In its demand, a party must specify the issues for which it requests a jury. The party is deemed to have waived a jury trial on all issues not specified in the demand. If a party has demanded a jury trial on only some issues, any other party, within 10 court days after the demand is served or within a shorter time ordered by the court, may file a demand for jury trial on any other issues triable of right by a jury.
(c) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly filed. A proper demand may be withdrawn only if all parties consent.
(d) If a Demand Is Made. If a jury trial is properly demanded on an issue, the issue must be tried by jury unless
(1) all parties file a stipulation to a nonjury trial or so stipulate on the record; or
(2) the court finds that the issue is not triable by jury as a matter of right.
(e) If No Demand Is Made. The court must try all issues on which a jury trial is not properly demanded.
(f) Advisory Jury; Jury Trial by Consent. Even if an issue is not triable of right by a jury, the court may order the issue tried by a jury. The jury's decision on the issue will be advisory only, unless the parties agree that the jury's decision will be binding.

Credits

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