PREFILED    DEC 27 2011

REFERENCE TITLE: small claims court; representation

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

Second Regular Session

2012

 

 

HB 2037

 

Introduced by

Representatives Harper: Lesko

 

 

AN ACT

 

amending section 22-512, Arizona Revised Statutes; relating to the small claims division.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 22-512, Arizona Revised Statutes, is amended to read:

START_STATUTE22-512.  Parties; representation

A.  Any natural person, corporation, partnership, association, marital community or other organization may commence or defend a small claims action, but no assignee or other person not a real party to the original transaction giving rise to the action may commence such an action except as a personal representative duly appointed pursuant to a proceeding as provided in title 14.

B.  Notwithstanding section 32‑261, In a small claims action:

1.  An individual shall represent himself.

2.  Either spouse or both may represent a marital community.

3.  An active general partner or an authorized full‑time employee shall represent a partnership.

4.  A full‑time officer or authorized employee or agent shall represent a corporation.

5.  An active member or an authorized full‑time employee shall represent an association.

6.  Any other organization or entity shall be represented by one of its active members or authorized full‑time employees.

7.  An attorney‑at‑law shall not appear or take any part in the filing or prosecution or defense of any matter designated as a small claim.

C.  Notwithstanding subsection B of this section, at any time prior to hearing, the parties may stipulate by written agreement to the participation of attorneys in actions designated as small claims.

D.  This section is not intended to limit or otherwise interfere with a party's right to assign or to employ counsel to pursue his rights and remedies subsequent to the entry of judgment in a small claims action.

E.  Attorneys‑at‑law may represent themselves in propria persona. END_STATUTE