Rule 126. Appeal
Arizona Revised Statutes AnnotatedPima County Rules for the Fast Trial and Alternative Resolution (“Fastar”) Pilot ProgramEffective: December 31, 2021
Effective: December 31, 2021
AZ A.R.S. Fast Trial and Alt.Res.Prog. Rules, Pima County, Rule 126
Rule 126. Appeal
(2) Other Parties May Appeal. Any other party who appears and participates in an Alternative Resolution proceeding may appeal an arbitrator's award by filing a notice of appeal. However, absent good cause, a party waives the right to appeal if the party fails to appear or to participate in good faith at the Alternative Resolution hearing. A notice of appeal must be entitled “Appeal from Alternative Resolution and Motion for Trial Setting.” The notice must request that the case be set for trial in the superior court and must state whether a jury trial is demanded and the estimated length of trial.
(c) Deposit on Appeal. At the time of filing the notice of appeal, the appellant must deposit with the clerk a sum equal to one hearing day's compensation of the arbitrator or 10 percent of the amount in controversy, whichever is less. The court may waive the deposit only on a showing that the appellant is financially unable to make such a deposit.
(d) Appeal De Novo. Although the proceeding is denominated as an “appeal,” the parties are entitled to a trial on all issues determined by the arbitrator. The arbitrator's legal rulings and factual findings are not binding on the court or the parties. If, however, the court finds that further proceedings before the arbitrator are appropriate, it may remand the action to the assigned arbitrator.
(e) Waiver of Right to Appeal. At any time before the entry of an award by the arbitrator, the parties may stipulate in writing that the award so entered is binding on the parties. If the parties enter such a stipulation, no party may appeal or collaterally attack the award except as allowed by A.R.S. § 12-1501, et seq.
(h) Forfeiture of Deposit on Appeal; Sanctions on Appeal. If the judgment on the trial de novo is not at least 23 percent more favorable than the monetary relief or other type of relief granted by the Alternative Resolution award, the court must order that the deposit on appeal be used to pay the following costs and fees:
If the deposit is insufficient to pay those costs and fees, the court must order that the appellant pay them, unless the court, on motion, finds that imposing costs and fees would create a substantial economic hardship that is not in the interests of justice.
Credits
Added Oct. 26, 2017, effective Nov. 1, 2017, until Dec. 31, 2021. Rule extended Dec. 8, 2021, effective Dec. 31, 2021, until further order of the court.
A.R.S. Fast Trial and Alt.Res.Prog. Rules, Pima County, Rule 126, AZ ST PIMA FASTAR Rule 126
State Court Rules are current with amendments received through May 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.
End of Document |