L. R. Prac. Sup. Ct. 10

As amended through August 22, 2024
Rule 10 - Arbitration
A. Amount in Controversy. All civil cases filed with the Clerk of the Court in which the Court finds or the parties agree that the amount in controversy does not exceed $50,000 shall be subject to the provisions of A.R.S. § 12-133 and Rules 72 to 77 of the Arizona Rules of Civil Procedure governing compulsory arbitration.
B. Hearings. All cases shall be heard by a single arbitrator.
C. Compensation of Arbitrator. Each arbitrator shall be compensated at the maximum amount set by statute for his or her service. The Clerk of the Superior Court shall provide a form of Request for Order to Pay Counsel to the appointed arbitrator upon appointment, as set forth in Appendix E to these rules.
D. Bad Faith Claims. In all cases where insurance coverage exists for one or more of the parties to the action, any issue of bad faith shall raise the presumption that the case does not fall within the jurisdictional limits for arbitration. This presumption may be contested by motion, and a hearing will be conducted thereon by the Judge assigned to the case.
E. List of Arbitrators for Appointment. Pursuant to Rule 73(b)(1) of the Arizona Rules of Civil Procedure, all residents of this county who are active members of the State Bar of Arizona, who have been active members of that Bar for at least 4 years, and who are not prohibited by statute or terms of employment from engaging in the private practice of law, are placed on this court's list of Arbitrators. All persons described in Rule 73(b)(2) of the Rules of Civil Procedure may be placed on the list of Arbitrators upon approval by the presiding judge.

L. R. Prac. Sup. Ct. 10

Added Sept. 1, 1986, effective 11/1/1986. Amended Oct. 20, 1988, effective 12/1/1988; 10/7/1991; 5/31/2002, effective 6/1/2002; 9/5/2007, effective 1/1/2008.

HISTORICAL NOTES

Applicability

Rule X as amended by Order dated Oct. 20, 1988, effective Dec. 1, 1988, was applicable to all cases filed on or after August 14, 1986, and which were pending on the effective date of the amendment.