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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
civil action; preliminary hearing
Purpose
Requires the court, in every civil action and notwithstanding any other law, to conduct a preliminary hearing within 30 days after all parties in the case are served with notice of the lawsuit and the complaint to determine if the case should proceed further.
Background
The Arizona Rules of Civil Procedure generally govern the process for civil lawsuits in Arizona. A civil lawsuit begins with the filing of a complaint with the clerk of the court stating the reasons for bringing the suit. A copy of the complaint and a summons are served on the defendant, who has a certain amount of time to file an answer. Afterward, necessary information is exchanged between the plaintiff and the defendant during the discovery phase, and the case is eventually tried before a judge or jury (Ariz. R. Civ. P.)
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the court, in every civil action and notwithstanding any other law, to conduct a preliminary hearing within 30 days after all parties in the case are served with notice of the lawsuit and the complaint.
2. Requires the court to determine at the preliminary hearing if the plaintiff has alleged a valid claim based on sufficient and relevant evidence for the case to proceed.
3. Requires the court to make a determination based on the pleadings and the law, but allows the court to allow limited testimony if it is necessary to understand the pleadings or the application of the law to the specific cause of action.
4. Requires the court, if a party has filed a motion to dismiss, to issue a ruling on the motion to dismiss not later than the date of the preliminary hearing.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 14, 2023
ZD/sr