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Rule 4. Duties of Parties and Attorneys

Arizona Revised Statutes AnnotatedRules of Procedure for Eviction Actions

Arizona Revised Statutes Annotated
Rules of Procedure for Eviction Actions
17B A.R.S. Rules Proc. Evic. Act., Rule 4
Rule 4. Duties of Parties and Attorneys
a. Due Diligence. Each party and attorney filing or appearing in an eviction action or defense shall exercise due diligence to ensure that the action has a good faith basis; that the relief sought is consistent with the applicable rental agreement or applicable law; and that all required notices have been properly served. Attorneys must exercise reasonable care to ensure that their pleadings are accurate and well-grounded in fact and law.
b. Good Faith. Every action taken in an eviction proceeding and every motion or other pleading filed shall be taken or filed in good faith by the party or attorney responsible for filing it.
c. Sanctions. The court may impose sanctions against a party or attorney found to have violated these duties after notice and opportunity to be heard.
d. Satisfaction of Judgments. Once a judgment has been satisfied by the payment of the monetary award, or the parties have entered into a new rental agreement or created a novation of the prior rental agreement, the party in whose favor the judgment was entered shall file a Satisfaction of Judgment with the court that entered it and serve a copy on the judgment debtor. The duty to file the satisfaction of judgment is on the prevailing party and not on the attorney who represented the party. In the event that a prevailing party fails to satisfy a judgment rendered and cannot be located with a showing of reasonable diligence, the judgment debtor may file a motion to compel satisfaction of judgment and the court may, after an opportunity for a hearing, order that the judgment shall be deemed satisfied.
e. Entry of Appearance. No attorney shall appear in any eviction action or file a pleading or any other document in any eviction action without first appearing as counsel of record and entering a notice of appearance, substitution or association as counsel. A notice of appearance, substitution or association of counsel may be written and filed with the court, or, if permitted by law, may be made orally on the record. Counsel may make an oral association limited solely to the scheduled hearing at which counsel appears, and responsibility for the matter shall remain with counsel of record.
(1) An attorney of record shall be deemed responsible as attorney of record in all matters before and after judgment until the time for appeal from a judgment has expired or a judgment has become final after appeal or until there has been a formal withdrawal from or substitution of counsel in the case.
(2) An attorney of record shall be deemed responsible for the acceptance of post judgment pleadings and motions until the expiration of thirty days after the time for appeal has expired.
f. Compliance with Laws and Regulations Governing Subsidized Rent. The parties shall comply with all federal and state laws and regulations governing subsidized rent.

Credits

Added Dec. 9, 2008, effective Jan. 1, 2009.
17B A. R. S. Rules Proc. Evic. Act., Rule 4, AZ ST EVICTION Rule 4
Current with amendments received through 02/1/19
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