 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
civil actions; virtual court appearance
Purpose
Requires superior courts and justice courts to allow any party to participate remotely in any proceeding related to a civil action.
Background
Laws 2021, Chapter 243 allowed any party in a special detainer or forcible detainer proceeding, including an attorney or witness, upon written notice to the court, to participate at the initial appearance remotely by using a telephone or video conference connection. If a contested matter is continued to a later date, the court may require all parties, attorneys and witnesses, to participate in person.
A special
detainer action allows a landlord to request a termination of a rental
agreement if: 1) rent is unpaid when due and the tenant fails to pay rent
within five days after written notice by the landlord of nonpayment; or 2) a
tenant materially affects health and safety by failing to comply with a
requirement specified in statute more than one time during the period of the
tenant's lease (A.R.S.
§ 33-1368). Statute defines a forcible detainer as a remedy for
cases in which: 1) a tenant at will or by sufferance or a tenant from month to
month or a lesser period whose tenancy has been terminated retains possession
after the tenancy has been terminated or after the person receives written
demand of possession by the landlord; 2) the tenant of a person who has made a
forcible entry refuses for five days after written demand to give possession to
the person upon whose possession the forcible entry was made; 3) a person who
has made a forcible entry upon the possession of one who acquired such
possession by forcible entry refuses for five days after written demand to give
possession to the person upon whose possession the first forcible entry was
made; or 4) a person who has made a forcible entry upon the possession of a
tenant for a term refuses to deliver possession to the landlord for five days
after written demand, after the term expires
(A.R.S.
§ 12-1173).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the superior court to allow any party, including an attorney or witness, to participate remotely by using a telephone or video conference connection in all proceedings related to a civil action if the party provides notice to the court.
2. Requires the justice court to allow any party to participate remotely by using a telephone or video conference connection in any proceeding related to a civil action, rather than only the initial appearance for a special detainer or forcible detainer proceeding.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January 25, 2022
ZD/sr