§ Rule 75 Hearing Procedures

Rule 75. Hearing Procedures

    (a) Issuance of Subpoenas. The Clerk of the Superior Court shall issue subpoenas in matters assigned to an arbitrator, and the subpoenas shall be served and enforceable as provided by law.

    (b) Initial Disclosure. Within 30 days of service of an answer, the plaintiff and answering defendant shall make the initial disclosure required by Rule 26.1.

    (c) Pre-hearing Statement. Not fewer than ten days before the date set for hearing, counsel who will present the case at the arbitration hearing shall, after conferring, prepare and submit to the arbitrator a joint written pre-hearing statement which shall contain a brief statement of the nature of the claim or defense, a list of witnesses and exhibits, a brief description of the subject matter of the testimony of each witness who will be called to testify, and an estimate as to the length of time that will be required for the arbitration hearing. In preparing the pre-hearing statement required by this rule, counsel shall consider that the purpose of compulsory arbitration is to provide for the efficient and inexpensive handling of claims. Agreement on facts and issues is encouraged. No witness or exhibit shall be used at the hearing other than those listed and exchanged, except for good cause shown or upon written agreement of the parties.

    (d) Evidence. The Arizona Rules of Evidence shall apply to arbitration hearings.

    (e) Documentary Evidence. The arbitrator shall admit into evidence without further proof the following documents, if relevant, and if listed in the pre-hearing statement, unless it is shown that any such document is not what it appears to be and the objection is set forth in the pre-hearing statement:

        (1) hospital bills on the official letterhead or billhead of the hospital, when dated and itemized;

        (2) bills of doctors and dentists, when dated and containing a statement showing the date of each visit and the charge therefor;

        (3) bills of registered nurses, licensed practical nurses, or physical therapists, when dated and containing an itemized statement of the days and hours of service and the charges therefor;

        (4) bills for medicine, eyeglasses, prosthetic devices, medical belts or similar items, when dated and itemized;

        (5) property repair bills or estimates, when dated and itemized, setting forth the charges for labor and material (in the case of an estimate, the party intending to offer the estimate shall serve upon the adverse party a copy of the estimate, a statement indicating whether or not the property was repaired, and, if so, whether the estimated repairs were made in full or in part and the cost thereof);

        (6) testimony of any witness given in a deposition taken pursuant to these rules, whether or not such witness is available to appear in person;

        (7) a sworn written statement by an expert, other than a doctor's medical report, whether or not such expert is available to appear in person, provided that such statement is signed by the expert and contains a summary of the expert's qualifications (if any such statement contains the expert's opinions, it shall also state the grounds for each such opinion, including a summary of the facts upon which each opinion is based);

        (8) in actions involving personal injury, doctors' medical reports, which shall be given the weight to which the arbitrator deems them entitled, provided that a copy of said report has been previously disclosed at least 20 days prior to the date of the hearing, except for good cause shown;

        (9) records of regularly conducted business activity as contemplated by Rule 803(6) of the Arizona Rules of Evidence; and

        (10) a sworn statement of any witness, other than an expert witness, who is listed in the pre-hearing statement, whether or not such witness is available to appear in person.

    (f) Assessment of Damages Against Defaulted Parties. In cases involving more than one defendant, where a default has been entered against one or more, but fewer than all, of the defendants prior to the arbitration hearing, the arbitrator shall refer all further proceedings involving the defaulted defendant(s) to the trial court. The arbitrator shall continue to serve and shall proceed with the arbitration for the remaining parties.

    (g) Record of Proceedings. The arbitrator shall not be required to make a record of the proceedings. If any party desires the presence of a reporter, such party shall pay for and provide the reporter. The charges of the reporter shall not be considered costs in the case.

    (h) Failure to Appear or Participate in Good Faith at Hearing. Failure to appear at a hearing or to participate in good faith at a hearing which has been set in accordance with Rule 74(b) shall constitute a waiver of the right to appeal absent a showing of good cause. If the judge finds that further proceedings before the arbitrator are appropriate, the case shall be remanded to the assigned arbitrator.