Arizona

Civil Procedure

Rule 76 – Posthearing Procedures

(a) Arbitrator’s Decision. Within 10 days after completing the hearing, the arbitrator must:

(1) make a decision;

(2) if the original paper file was obtained from the superior court, return it to the clerk by messenger or certified mail;

(3) notify the parties that their exhibits are available for retrieval;

(4) notify the parties or their counsel of the decision in writing; and

(5) file a notice of decision with the court.

(b) Arbitrator’s Award.

(1)Submission of Proposed Award. Within 10 days after the notice of decision is filed, either party may submit a proposed form of award to the arbitrator. The proposed award may include blanks for requested amounts for attorney’s fees and costs.

(2)Award Exceeding Limit. If an arbitrator finds that the appropriate award in an action exceeds the limit for compulsory arbitration set by local rule or statute, the arbitrator must render an award for the full amount.

(3)Objections to Proposed Award. Within 5 days of receiving the proposed form of award, an opposing party may file objections.

(4)Final Award. Within 10 days of receiving the objections, the arbitrator must rule on the objections and file one signed original award with the clerk. On the same day the arbitrator must mail or otherwise deliver copies of it to all parties or their counsel.

(c) Arbitrator’s Failure to File Award. If an award or stipulation for entry of another form of relief is not filed with the court within 50 days after the notice of decision is filed, the notice of decision will constitute the arbitrator’s award.

(d) Judgment. If no appeal is filed by the deadline for filing an appeal under Rule 77(b), any party may file a motion to enter judgment on the award. If no party files such a motion within 90 days of the filing of the notice of decision and if no appeal is pending, the clerk or court administrator must notify the parties in writing that the action will be dismissed without prejudice unless a motion to enter judgment is filed within 30 days after the date of the notice. If no motion is filed within that time, the court must dismiss the action without prejudice and enter an appropriate order regarding any bond or other posted security. No further notice to the parties is required before dismissing the action.

(e) Referral of an Action to the Assigned Judge. If the arbitrator does not file an award with the clerk within the later of 145 days after the arbitrator’s appointment or 30 days after a noticed hearing, the clerk or the court administrator must refer the matter to the assigned judge for appropriate action.

(f) Arbitrator’s Compensation. An arbitrator assigned to an action under these rules is entitled to receive as compensation for services a fee not to exceed the amount allowed by A.R.S. § 12-133(G) per day for each day, or part of a day, necessarily expended in hearing the action. For this rule’s purposes, “hearing” means any fact-finding proceeding or oral argument resulting in the filing of an award, or at which the parties agree to settle and stipulate to the action’s dismissal. The fee to be paid in each county must be decided by a majority vote of the judges in that county. The amount must be incorporated into a superior court order that is filed with the Supreme Court clerk, with a copy filed with the clerk in that county. When more than one action arising out of the same transaction is heard at the same hearing or hearings, it will be considered as one action for purposes of compensating the arbitrator.

(g) Payment of Compensation. The arbitrator is not entitled to receive compensation under Rule 76(f) until after an award is filed with the clerk, or, if the parties agree to settle and stipulate to dismiss the action at a proceeding before the arbitrator, until after the action is dismissed.

Ariz. R. Civ. P. 76

Amended effective January 1, 2017.

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