Loading chat...
AZ SB1428
Bill
Status
1/29/2020
Primary Sponsor
David Farnsworth
Click for details
AI Summary
-
Repeals existing section 14-1306 of Arizona Revised Statutes and replaces it with new provisions on probate court procedures.
-
Requires courts to inform litigants of their constitutional right to a jury trial and encourages mediation as the initial dispute resolution method, with evidence of mediation placed in the court record.
-
Allows litigants to demand a jury trial within 30 days after a judge issues an order following a bench trial if they believe their rights were substantially violated, with jury trial to be scheduled within 45 days.
-
Sets the standard of evidence for jury trials at "clear and convincing" and permits jury verdicts by three-fourths vote, with juries able to impose civil penalties up to $2,500 for abuse of the statute's provisions.
-
Voids all court orders if the court fails to disclose these statute provisions to litigants at the commencement of litigation and allows previous bench trial matters to be reexamined using the new jury trial process.
Legislative Description
Probate; mediation; trials
Repeal
Last Action
Senate read second time
1/30/2020