APPEALS FROM ARBITRATION AWARDS (Arizona)
Rules 72 to 77, Arizona Rules of Civil Procedure provide for the process for mandatory arbitration in Superior Court. Basically, each County Superior Court has specific limits that their cases are subject to mandatory (non – binding) Arbitration. Maricopa County has a $50,000 limit – not including interest, attorneys fees or costs.
A. Fee Applications / Arbitration Award
1. Arbitration Award is prepared by the prevailing party together with their application for attorneys fees and costs, if any. Must be submitted within 10 Days of Notice of Decision of Arbitrator.
B. Objections to Fee and Costs Applications / Objection to Proposed Arbitration Award.
1. Losing Party has 5 Days in which to object to proposed Arbitration Award and Fee Application.
2. 5 Days is extended by weekend days, thus can be calendared for 7 days. If received by mail, an additional 5 days can be added for mailing. Calendar Objection to Fees and Award for 10 Days from date of signing.
C. Notice of Appeal from Arbitration Award and Motion to Set
1. Notice of Appeal from Arbitration Award and Motion to Set are filed in a consolidated document.
2. Deadline = 20 Days after date of Arbitration Award (as actually signed by Arbitrator).
3. Must include reference to Jury trial if one is requested.
4. Must identify the number of trial days that are requested.
5. Must be accompanied with a check payable to the Clerk of the Court for 1 Days Arbitrator Fee (Typically $75.00).
D. List of Witnesses & Exhibits.
1. Simultaneously with the filing of the Notice of Appeal, you must also file a new list of witnesses and trial exhibits.
a) Failure to do so results in the appealing party being limited to the witnesses and exhibits that were listed prior to the Arbitration
2. PRACTICE POINTER –
a) meet with the Client to review the prior list of witnesses and exhibits.
b) Identify any new or potentially new witnesses.
c) Identify any new or potentially new exhibits.�
d) Make this final list as comprehensive as possible. Use it as an opportunity to fix any prior problems that were experienced in the Arbitration Hearing.
E. Discovery Deadlines.
1. Discovery must be completed within 80 days after filing the Notice of Appeal and Motion to Set.�
2. This may be extended by court order but don’t count on it.
3. PRACTICE POINTER –
a) Meet with the Client. Identify any discovery that may need to be completed.
b) Identify any trial witnesses that may need to be deposed. Get Notices of Deposition Out within 7 Days of Notice of Appeal.
c) Prepare immediately any 30(b)(6) depositions of parties or non-parties to obtain documents that may be required for trial. Get Notices of Deposition Out within 7 Days of Notice of Appeal.
d) Interrogatories – Prepare and send out within 7 Days of Notice of Appeal.
e) Requests for Production of Documents – Prepare and send out within 7 Days of Notice of Appeal.
f) Prepare Supplemental Rule 26.1 Disclosure Statement to include all new facts and evidence which may have been learned during the actual arbitration hearing itself.