L. R. Prac. Sup. Ct. 12.2

As amended through August 22, 2024

Rule 12.2 - Rules of Procedure for Arbitration Services in the Courts of Limited Jurisdiction

A. Referral to the ADR Program of all cases subject to court-ordered, non-binding arbitration under ARS § 22-201, shall occur in the Courts of Limited Jurisdiction as follows:

1. Within not less than thirty (30) days, nor more than one hundred and twenty (120) days following the filing of an answer in any civil matter, the court's referral to the ADR Program for the purpose of setting the case for arbitration shall be transmitted to the ADR Program Director. The order referring the case shall be copied to all parties to the litigation and shall clearly state that the case will be subject to these Rules of Procedure during its pendency with the ADR Program. The order shall also advise the parties that they may elect another dispute resolution process other than arbitration if all parties agree and submit a stipulation to that effect with the court within ten (10) days of the date of the referral.

2. The referring judge, upon good cause shown, shall lengthen the time limits for referral to the ADR Program for a reasonable time if there are on-going or unresolved legitimate discovery disputes between the parties, pending dispositive motions awaiting ruling, or other motions pending before the court.

3. The time limits for referral to the ADR Program may be lengthened by the court upon motion by any party showing good cause for the court to retain jurisdiction over the matter for additional time.

B. Hearings scheduled under the ADR Program shall occur not less than twenty-one (21) nor more than ninety (90) days after the case is referred to the ADR Program, unless the time limit is lengthened by order of the referring court. Within ten (10) days from the date a case is received in the ADR office, the ADR Director shall set the date, time, and location of the hearing and shall mail a Notice of Hearing to all parties and the assigned neutral.

C. The ADR Director shall have exclusive authority to make individual assignments of neutrals, and shall identify the assigned neutral in the Notice of Hearing. If any party has an objection to the assignment of a particular neutral, they must file a written objection to the assignment with the ADR Director within ten (10) days from the date of the Notice of Hearing. The ADR Director, in his or her discretion, may reassign a neutral following a timely filed objection.

D. Dispositive motions (motions which may have the effect of ending litigation, such as motions to dismiss or motions for summary judgment) shall not be heard by the ADR Program neutrals. Dispositive motions after a case has been referred to ADR, shall be filed with the referring court, with a copy to the ADR Director. If a dispositive motion is filed after a case has been referred to ADR, the court shall vacate the hearing if one has been set and notify the ADR Program Director and set the motion for hearing in accordance with the Arizona Rules of Civil Procedure.

E. Discovery disputes shall not be heard by the ADR Program neutrals. After referral of a case to the ADR Program, a party needing the assistance of the court in a discovery dispute shall file its discovery motion with the referring court, with a copy to the ADR Director. Any discovery motion filed with the court after a case is referred to ADR, must identify the nature of the discovery dispute and the perceived importance of the discovery to the pending litigation, and must include in its application the date and time of the scheduled ADR hearing, if set. Upon receipt of a discovery motion filed in compliance with these Rules and for good cause shown, the court shall vacate the ADR hearing and set the motion for hearing in accordance with the Arizona Rules of Civil Procedure.

F. An ADR Program neutral cannot rule upon motions to amend pleadings, motions to continue the time limits for arbitration beyond the time limits set forth in these Rules or motions to consolidate cases. These motions must be filed with the referring court and the court shall vacate the scheduled ADR hearing and take action upon the motion consistent with the Arizona Rules of Civil Procedure and these Rules.

G. ADR hearings shall be conducted as follows:

1. ADR Program neutrals shall have the power to administer oaths or affirmations to witnesses, to determine the admissibility of evidence, and to decide the law and the facts of the case submitted.

2. Once a case has been referred to the ADR Program, the assigned neutral shall make all legal and evidentiary rulings not otherwise precluded by these Rules.

3. The Clerk of the referring court shall issue subpoenas in matters referred to the ADR Program, and the subpoenas shall be served and enforceable as provided by law.

4. The ADR Director will determine the amount of time necessary for a hearing and include that time frame in the Notice of Hearing. If a party believes that the case requires a hearing in excess of the time allowed by the ADR Director, the party must provide written notice of the need and basis for additional time to the ADR Director within ten (10) days from the date of the Notice of Hearing. The party must set forth the reasons why additional time is requested and an estimate of the actual time that will be needed. The ADR Director may consider the request to extend the scheduled time frame based on the merits of the request.

5. Telephonic or video appearances or testimony may be allowed at the discretion of the ADR office, in accordance with Cochise County Local Rule 14 and upon application as follows:

a. Parties requesting telephonic or video appearance or testimony must make their request in writing to the ADR Director with a copy to all other parties, no later than ten (10) days before the scheduled ADR hearing.

b. Other parties to the case have a right to object to the telephonic or video request.

c. Telephonic or video appearance or testimony may be contingent upon the advance submission of documentary evidence to the ADR Program neutral and timely exchange of documentary evidence between the parties.

6. The ADR Program neutral shall admit into evidence without further proof, the following documents, if relevant, and if timely exchanged between the parties, unless it is shown that any such document is not what it appears to be and a proper objection is made.

a. Hospital bills on the official letterhead or billhead of the hospital, when dated and itemized.

b. Bills of doctors and dentists, when dated and containing a statement showing the date of each visit and the charge therefor.

c. Bills of registered nurses, licensed practical nurses, physical therapists, when dated and containing an itemized statement of the days and hours of service and the charges therefor.

d. Bills for medicine, eyeglasses, prosthetic devises, medical belts or similar items when dated and itemized.

e. Property repair bills or estimates, when dated and itemized, setting forth the charges for labor and material. In the case of the estimate, the party intending to offer the estimate shall serve upon the adverse party a copy of the estimate, a statement indicating whether or not the property was repaired, and if so, whether the estimated repairs were made in full or in part and the cost thereof.

f. Testimony of a witness given in a deposition, whether or not such witness is available to appear in person.

g. A sworn written statement by an expert, other than a doctor's medical report, whether or not such expert is available to appear in person, provided that such statement is signed by the expert and contains a summary of the expert's qualifications. If any such statement contains the expert's opinions, it shall also state the grounds for each such opinion, including a summary of the facts upon which each opinion is based.

h. In actions involving personal injury, doctors' medical reports may be offered and received in evidence without further proof, and may be given the weight to which the neutral deems them entitled, provided that a copy of said report has been filed and served upon the adverse party at least ten (10) days prior to the date of the hearing.

i. Records of regularly conducted business activity as contemplated by Rule 803(6) of the Arizona Rules of Evidence, which reads as follows:

"Records of regularly conducted activity.

A memorandum, report, record or data compilation, in any form, of acts, events, conditions, opinions or diagnoses, if:

i) Made at or near the time of the underlying event,

ii) by, or from information transmitted by, a person with first hand knowledge acquired in the course of a regularly conducted business activity.

iii) made and kept entirely in the course of that regularly conducted business activity,

iv) pursuant to a regular practice of that business activity; and

v) all of the above are shown by the testimony of the custodian or other qualified witness, or by certification that complies with Rule 902(11).

However, such evidence shall not be admissible if the source of information or the method or circumstances of preparation indicate a lack of trustworthiness or to the extent that portions thereof lack an appropriate foundation.

The term "business" as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit."

j. A notarized statement of any witness, other than an expert witness, which is disclosed to the other party(s) at least ten (10) days before the hearing whether or not such witness is available to appear in person.

7. The neutral shall not be required to make a record of the proceedings. If any party desires a verbatim record of the proceedings, such party shall pay for and provide the court reporter or other means of keeping a verbatim record. The charges for the court reporter shall be considered taxable costs in the case.

H. All requests for continuances of an ADR Program hearing must be made in writing to the ADR Director and post marked not less than ten (10) days in advance of the hearing. Continuances will only be granted for good cause shown or upon the stipulation of the parties.

I. All provisions of the Arizona Rules of Civil Procedure, the Arizona Rules of Evidence, the Arizona Rules of Family Law Procedure and Cochise County Local Rules that are not inconsistent with these Rules 12.1-12.7, including the provisions of Rules 72-76, Arizona Rules of Civil Procedure, shall be applicable to all cases heard under the ADR Program.

L. R. Prac. Sup. Ct. 12.2

Added Nov. 17, 2006, effective 1/1/2007.