Rule 39 - Costs and Attorney Fees(a) Award. After a hearing with notice to the affected party, a judicial officer may order any party to pay the costs of the action, including reasonable attorneys' fees, if any. See A.R.S. §§ 13-3602(T), 12-1809(P), and 12-1810(P).(b) Considerations. In determining whether to award costs or attorney fees, the judicial officer may consider:(1) the merits of the claim or the defense asserted by the unsuccessful party;(2) whether the award will pose an extreme hardship on the unsuccessful party; and(3) whether the award may deter others from making valid claims.Formerly Rule 2 in part, added Sept. 5, 2007, effective 1/1/2008. Amended Sept. 16, 2008, effective 9/26/2008. Adopted on a permanent basis effective 9/3/2009. Renumbered Rule 39 and amended Aug. 27, 2015, effective 1/1/2016; amended December 8, 2021, effective 1/1/2022.