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AZ SB1577

Bill

Status

Engrossed

3/12/2024

Primary Sponsor

Justine Wadsack

Click for details

Origin

Senate

Fifty-sixth Legislature - Second Regular Session (2024)

AI Summary

  • Repeals and replaces Arizona Revised Statutes Section 14-1306 regarding probate court jurisdiction and dispute resolution procedures.

  • Requires courts to encourage mediation as the initial dispute resolution method and mandates that litigants be informed of their constitutional right to a jury trial before any waiver is valid.

  • Allows litigants to demand a jury trial within 30 days after a bench trial order if they believe their rights were substantially violated, with the jury trial to be scheduled within 45 days.

  • Establishes clear and convincing evidence as the standard for jury trials under this section, with verdicts requiring a three-fourths jury vote, and permits juries to impose civil penalties up to $2,500 for abuse of the section's provisions.

  • Makes court orders void and unenforceable if the court fails to disclose these provisions to litigants at the commencement of litigation, and allows previous matters adjudicated without a jury to be reexamined under this new process.

Legislative Description

Probate; mediation; jury trials

Repeal

Last Action

House read second time

3/18/2024

Committee Referrals

Rules3/14/2024
Judiciary3/12/2024
Rules2/5/2024
Judiciary2/5/2024

Full Bill Text

No bill text available