Loading chat...

AZ SB1428

Bill

Status

Introduced

1/29/2020

Primary Sponsor

David Farnsworth

Click for details

Origin

Senate

Fifty-fourth Legislature - Second Regular Session (2020)

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

Full Bill Text

No bill text available