Rule 8.1. Assignment and Management of Commercial Cases
Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: March 24, 2023
Effective: March 24, 2023
16 A.R.S. Rules of Civil Procedure, Rule 8.1
Rule 8.1. Assignment and Management of Commercial Cases
(a) Application; Definitions. This rule applies in counties that have established specialized programs for commercial cases, which are referred to in this rule as “the commercial court.” The commercial court will hear eligible “commercial cases” assigned to it in accordance with this rule. To be eligible for the commercial court, a commercial case must meet the requirements of Rule 8.1(b).
(2) A “business organization” includes a sole proprietorship, corporation, partnership, limited liability company, limited partnership, master limited partnership, professional association, joint venture, business trust, or a political subdivision or government entity that is a party to a business contract or transaction. A “business organization” excludes an individual, a family trust, or a political subdivision or government entity that is not a party to a business contract or transaction.
(2) arises out of obligations, liabilities, or indemnity claims between or among owners of the same business organization (including shareholders, members, and partners), or which concerns the liability or indemnity of individuals within a business organization (including officers, directors, managers, member managers, general partners, and trustees);
(2) By Plaintiff. A plaintiff seeking assignment of an eligible case to the commercial court must do so at the time of filing the complaint by (A) including in the initial complaint's caption the words “commercial court assignment requested,” and (B) completing a civil cover sheet that indicates the action is an eligible commercial case.
(5) Transfer out of Commercial Court by the Presiding Judge. After assignment of a case to the commercial court, if the commercial court judge determines the matter is not an eligible commercial case, then the judge may either keep the case or request that the presiding judge or designee transfer the case out of the commercial court. If the presiding judge or designee agrees to transfer the case out of the commercial court, the presiding judge or designee may either leave the case with the judge to whom it is currently assigned or reassign the case to a general civil court.
(7) Judicial Request to Transfer to the Commercial Court. Within 20 days after the filing of the first responsive pleading or Rule 12 motion, a judge of a general civil court may request the presiding judge or designee to transfer a case to the commercial court if that judge determines the matter is an eligible commercial case.
(e) Case Management. From the filing of the complaint unless and until the commercial court assigns the case to a different tier after the Rule 16(d) scheduling conference, cases in the commercial court are deemed to be assigned to Tier 3. Rules 16(a) through 16(j) apply to cases in the commercial court, except:
(2) Early Meeting. Before filing a Rule 16(c) Joint Report, and in addition to conferring about the subjects in Rule 16(b)(1), the parties must confer, as set forth in the commercial court's checklist governing the production of electronically stored information, and attempt to reach agreements that may be appropriate in the case concerning the disclosure and production of such information, including:
(A) whether the parties expect electronically stored information to be an issue in the case and, if so, whether they have reached an agreement regarding the discovery of electronically stored information, have filed a stipulated order, and have or anticipate disputes concerning electronically stored information;
(g) Cases Not in the Commercial Court. The case management procedures in Rule 8.1(e) are available to any judge who finds those procedures beneficial, wholly or partially, in managing a commercial case that is not assigned to the commercial court, or that is pending in a county that has not established a commercial court.
Credits
Added Sept. 2, 2016, effective Jan. 1, 2017. Amended effective Feb. 8, 2017; amended Aug. 31, 2017, effective July 1, 2018; June 26, 2018, effective July 1, 2018; Dec. 13, 2018, effective Jan. 1, 2019; Aug. 26, 2020, effective Jan. 1, 2021; Aug. 27, 2020, effective Jan. 1, 2021; amended effective March 24, 2023.
16 A. R. S. Rules Civ. Proc., Rule 8.1, AZ ST RCP Rule 8.1
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
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