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Arizona Superior Court in Pima County
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FASTAR

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FAST TRIAL AND ALTERNATIVE RESOLUTION PROGRAM

From November 1, 2017 through October 31, 2020, a three-year pilot program will run pursuant to Admin Order 2017-116 from the Arizona Supreme Court. Cases filed on or after November 1, 2017 and valued between $1,000 and $50,000, excluding attorney’s fees and costs are subject to the FASTAR program. Compulsory Arbitration no longer exists for cases filed after November 1, 2017; it is only available for those cases filed before November 1, 2017. In FASTAR, “Compulsory Arbitration” no longer exists. The arbitration alternative is now called “Alternative Resolution.”

FASTAR Description & Forms

FASTAR Rules and Supreme Court Administrative Order 2017-116

FASTAR will move cases on an expedited basis.

The Summons, Complaint and FASTAR Certificate (certifying the value of the case) must be served within 60 days. Only one extension of time to serve of 30 days shall be permitted by order of the Court; the Court has no discretion to order further extensions. At 45 days, if the Defendants have not been served, Case Management Services will issue a notice advising Plaintiff that the matter will be dismissed without prejudice without further notice within 15 days of the dismissal notice.

Once a party has been served, an Answer or Rule 12 Motion must be filed within 20 days. If a Request for Waiver of Service is served with the Complaint, the Waiver must be returned within 15 days. If a Waiver of Service is accepted by a Defendant, Defendant must file an Answer within 35 days in state or 45 days out of state.

If a Controverting Certificate is filed with the Answer, the matter will be referred to the assigned trial division for ruling. If Defendant does not answer, an Impending Dismissal Notice will be issued by Case Management for dismissal without further notice unless an Application for Default or an Answer is filed within 20 days of the dismissal notice.

Once Defendant has answered, Plaintiff must file a Choice Certificate within 20 days. The Choice Certificate identifies whether the matter will proceed by Fast Trial or Alternative Resolution.

Only the initiating Plaintiff may choose which path the FASTAR case will proceed by, either by Fast Trial or Alternative Resolution. Because the Plaintiff has the sole ability to choose to send a case to arbitration, the Plaintiff is also denied the right to appeal an arbitration decision. The Defendant, however, may appeal and may request a trial de novo of an arbitrated matter.

If Alternative Resolution is chosen, Case Management Services appoints an arbitrator.

If Fast Trial is chosen, Case Management refers the matter to the assigned trial division’s JA via email advising that a Trial Setting Conference must be set within 120 days from the filing of the Complaint. Similarly, Trial must be set no earlier than 190 days but no later than 270 days from the filing of the Complaint. If the parties wish to have trial set prior to 190 days, this must be done by a stipulation and order.

Fast Trials are set for two days; parties may stipulate to six jurors but are otherwise entitled to eight jurors for the trial. If all parties agree to use six jurors, the parties must advise the Court. The trial will proceed on a compressed schedule. Please refer to FASTAR Rule 117(g)(1)-(5) for the trial schedule.

Discovery:

5 Civil Rule 33 interrogatories;
5 Civil Rule 34 requests for production;
10 Civil Rule 36 requests for admissions; and
1 Civil Rule 35 examination.

Discovery Deadline – Parties must complete all discovery under Civil Rules 26-36 within 120 days of the filing date of the first answer or 190 days of the filing of the complaint, whichever is sooner. The judicial officer may extend this deadline only for good cause.

Motions for Summary Judgment (MSJ) also proceed on an expedited basis. Any Motions for Summary Judgment, Daubert motions and all cross-motions must be filed no later than 60 days before trial. Responses to a Motion for Summary Judgment are due 15 days following service; any reply is due 5 days after service of the response to the MSJ.

The Arizona Rules of Evidence apply to FASTAR cases.

Joint Pretrial Statements must be filed 15 days prior to trial. Failure to timely file a statement may result in sanctions. Rule 117(b).

Motions in Limine (MIL) may not be filed less than 15 days prior to trial; objections are due five days after filing of MIL.

Jury Instructions, Voir Dire, and Forms of Verdict must be filed 10 days prior to Trial.

 

Refer to the Rules for the Fast Trial and Alternative Resolution Program (“FASTAR”) as provided with Arizona Supreme Court Administrative Order No. 2017-116 on October 26, 2017 for any further specifics as to this pilot program by going to FASTAR Rules and Supreme Court Administrative Order 2017-116 on Pima County’s Superior Court website. The Civil Forms referenced above can be found in the self-service section of the website.


Kellie L. Johnson (Div. 26)

Presiding Judge

(520) 724-2966


Kyle Bryson (Div. 5)

Judge

(520) 724-4215


Michael J. Butler (Div. 9)

Judge

(520) 724-2204


Gary Cohen (Div. 7)

Judge

(520) 724-9417


Richard Gordon (Div. 8)

Judge

(520) 724-9889


D. Douglas Metcalf (Div. 16)

Judge

(520) 724-3708


Jeffrey L. Sklar (Div. 25)

Judge

(520) 724-8434


Lee Ann Roads (Div. TO)

Hearing Officer

(520) 724-4370