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REFERENCE TITLE: probate; mediation; trials |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1699 |
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Introduced by Senator Wadsack
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An Act
repealing section 14-1306, Arizona Revised Statutes; amending title 14, chapter 1, article 3, Arizona Revised Statutes, by adding a new section 14-1306; relating to the probate jurisdiction of courts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Section 14-1306, Arizona Revised Statutes, is repealed.
Sec. 2. Title 14, chapter 1, article 3, Arizona Revised Statutes, is amended by adding a new section 14-1306, to read:
14-1306. Mediation; bench trial; jury trial; civil penalties
A. Pursuant to article II, section 23, CONSTitution of Arizona, the right to a jury cannot be violated. Unless a party has previously been informed of the right to a jury and has waived that right pursuant to a written affirmation, the right to a jury still exists. Litigants are encouraged to engage in mediation as the initial method of dispute resolution. Evidence of mediation, including reasons why mediation was not pursued or accomplished, shall be placed in the court record.
B. If mediation is unsuccessful or not pursued, a bench trial shall proceed and a judge may issue an order or orders on the matters litigated.
C. If a litigant believes the litigant's rights have been substantially violated by the order of a judge following a bench trial, within thirty days after the order is issued, the litigant may demand a jury trial. A jury trial shall be scheduled within forty-five days after the litigant's request.
D. The standard of evidence for a jury trial under this section shall be clear and convincing. A verdict may be rendered by a three-fourths vote of the jury.
E. A litigant may request that a jury reexamine portions of the verdict following a bench trial. It is not necessary to relitigate the entire matter.
F. If requested by a litigant, the jury may impose civil penalties of up to $2,500 if the jury deems a litigant has abused this section. Awards may be directed to be paid by one party to any other specified party.
G. False or withheld exculpatory evidence may be considered perjury and shall be enforced as prescribed in title 13, chapter 27.
H. The court shall disclose the provisions of this section to all litigants at the commencement of litigation. If the court fails to make the disclosure, all orders of the court are void and unenforceable. Copies of this statute shall be signed by the parties and placed in the court record.
I. Previous matters adjudicated without a jury may be reexamined using the process prescribed in this section.
J. A right to a jury cannot be violated. Unless a party has previously been informed of this right to a jury and waived that right via written affirmation, that right still exists.
k. The right to a jury trial pursuant to this section is available only to the people and not to any state agency or political subdivision of this state.