Arizona

Civil Procedure

Rule 75 – Hearing Procedures

(a)Issuing Subpoenas. Subpoenas may be issued, served and enforced as provided by these rules or other law.

(b)Joint Prehearing Statement.

(1)Requirement. No later than 10 days before the hearing, the parties or their counsel must confer, prepare, and submit to the arbitrator a joint written prehearing statement. In preparing this prehearing statement, the parties and their counsel must consider that the purpose of compulsory arbitration is to provide for the efficient and inexpensive resolution of claims and the parties are encouraged to agree on facts and issues.

(2)Content. The statement must contain the following:

(A) a brief statement of the nature of each party’s claims or defenses;

(B) a witness list including the subject matter of witness testimony for each witness who will be called to testify;

(C) an exhibit list; and

(D) the estimated time required for the arbitration hearing.

(3)Evidence Excluded. Unless the parties agree otherwise or the offering party shows good cause, no witness or exhibit may be offered at the hearing other than those listed and exchanged.

(c) Evidence. The Arizona Rules of Evidence apply to arbitration hearings, except as provided in Rule 75(d). Certificates or controverting certificates are not admissible in evidence in any proceedings on the action’s merits.

(d) Documentary Evidence. Unless the document is not what it appears to be and an objection is stated in the prehearing statement, the arbitrator must admit into evidence the following documents without further proof, if relevant, and if listed in the prehearing statement:

(1) hospital bills, if on the hospital’s official letterhead or billhead, dated, and itemized;

(2) bills of doctors and dentists, if dated and stating the date of each visit and the incurred charges;

(3) bills of registered nurses, licensed practical nurses, or physical therapists, if dated and stating the date and hours of service, and the incurred charges;

(4) bills for medicine, eyeglasses, prosthetic devices, medical belts, or similar items, if dated and itemized;

(5) property repair bills or estimates setting forth the costs or estimates for labor and material, if dated, itemized, and stating whether the property was, or is estimated to be, repaired in full or in part;

(6) a witness’s deposition testimony, whether or not the witness is available to appear in person;

(7) an expert’s sworn written statement, other than a doctor’s medical report, whether or not the expert is available to appear in person, but only if:

(A) the statement is signed by the expert and summarizes the expert’s qualifications; and

(B) the statement contains the expert’s opinions, and the facts on which each opinion is based;

(8) in a personal injury action, a doctor’s medical report, if a copy of the report was disclosed at least 20 days before the hearing, unless the offering party shows good cause for the report’s untimely disclosure;

(9) records of regularly conducted business activity qualified under Arizona Rule of Evidence 803(6); and

(10) a sworn witness statement, except from an expert witness, whether or not the witness is available to appear in person, if listed in the prehearing statement.

(e) Assessing Damages Against Defaulted Parties. In actions involving multiple defendants, if default has been entered against one or more, but fewer than all of the defendants before the arbitration hearing, the arbitrator must refer all further proceedings involving the defaulted defendant(s) to the judge assigned to the action. The arbitrator must continue to serve and proceed with the arbitration for the remaining parties.

(f) Record of Proceedings. The arbitrator is not required to make a record of the hearing. If any party wants a court reporter to transcribe the hearing, the party must pay for and provide the reporter. The reporter’s charges are not considered costs in the action.

(g) Failure to Appear or Participate in Good Faith at a Hearing. Absent good cause, a party waives the right to appeal if the party fails to appear or to participate in good faith at a hearing under Rule 74(c).

Ariz. R. Civ. P. 75

Amended effective January 1, 2017; amended August 31, 2017, effective January 1, 2018.

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