Home Table of Contents

Rule 4. Applicability of Other Rules

Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: January 1, 2020

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part I. General Information
Effective: January 1, 2020
17B A.R.S. Rules Probate Proc., Rule 4
Formerly cited as AZ ST PROB Rule 3
Rule 4. Applicability of Other Rules
Currentness
(a) Probate Proceedings.
(1) Civil Rules. The Civil Rules apply to probate proceedings unless they are inconsistent with these probate rules or A.R.S. Title 14.
(2) Rules of Evidence.
(A) Contested Hearings. The Arizona Rules of Evidence apply in contested hearings unless all parties and the court agree those rules will not apply.
(B) Uncontested Hearings. The Arizona Rules of Evidence do not apply in uncontested hearings.
(C) Admissibility of Evidence When the Arizona Rules of Evidence Do Not Apply. When the Arizona Rules of Evidence do not apply, all relevant evidence is admissible, except the court may exclude any relevant evidence if its probative value is outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, needlessly presenting cumulative evidence, or lack of reliability.
(b) Non-Probate Proceedings. In non-probate proceedings, the same procedure and evidence rules apply as if the matter had been litigated as a separate case.

Credits

Added Aug. 29, 2019, effective Jan. 1, 2020.
17B A. R. S. Rules Probate Proc., Rule 4, AZ ST PROB Rule 4
State Court Rules are current with amendments received and effective through May 15, 2023. The Code of Judicial Administration is current with amendments received through May 15, 2023.
End of Document