DesertSun

JDB vs Little Ol' Me, AZ Superior Ct

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Did you receive a 150 day order??  Did they assign a specific arbitrator to you yet??  The ADR is kind of like a pre-trial conference where they try to settle before the arbitration trial.

 

I did not have to do that as it was mandatory arb. Rules of procedure means that arbitrations follows the same rulesof civil procedure.  In my MSJ the arbitrator could not rule on that, only the judge, however the arbitrator can rule on motions after that.

Did you read the arbitration most frequently asked questions.?  I would proceed with discovery and your disclosure statement as this isthe next step.

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@ AZ Piano Lady 14    

Did not receive a 150 day order.  Arbitrator has not been assigned.

 

Is the disclosure due 30 days or 40 days?  So much going through my head trying to keep it all straight,   Under RCP Rule 26.1 b(1)  it states 40 days, but under Rule 75 b it states 30 days.  Am I interpreting things wrong?

 

Thanks

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Sorry to keep posting every little thing, but I also want to double check if anyone has any input on the above "local rules" where it states "Withing not less than thirty (30) days..." 

 

I should have also included :

A.  Referral to the ADR Program of all cases subject to court ordered, non-binding arbitration under ARS 22-201, shall occur in the Courts of Limited Jurisdiction as follows:

     1.  Within not less than thirty (30) days...

 

I bring this up because this judge seems to be moving to quick the order for referral to the ADR was signed 10 days after my answer filed.  How do I continue if the timeline has been altered by this early referal.  The hearings in my jurisdiction must occur not less than 21 days and no more than 90 days after the referal. Now I am almost into that hearing window.   So have I been shorted time on any matters?

 

Sorry, I hope I'm not too confusing. 

 

Thanks

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Disclosure statement filed within 40 days after answer.   I am reading your question on the within 30 days to mean that that is the time the case shall be transmitted to the ADR director.  And the last line , say if you decided to settle before the ADR  both parties must agree and sign a statement to that effect.  I posted some discovery questions on my thread

 

When you get your disclosure statement done , post it ok?/ .  Pretty much when the answer is filed the pink arb papers get kicked out to the parties. They will probably send you what they have in Discovery , or you will request it from them.

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Bump

 

For clarification help.

 

Can anyone clarify

Rules of Civil Procedure for the Superior Courts of Arizona

Rule 75b

 

"service of answer" is that when I filed it or when the plaitiff received it?

 

Thanks

 

 

UPDATE:  Been ordered to Arbitration and an Arbitrator has been appointed. 

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Bump

 

For clarification help.

 

Can anyone clarify

Rules of Civil Procedure for the Superior Courts of Arizona

Rule 75b

 

"service of answer" is that when I filed it or when the plaitiff received it?

 

Thanks

 

 

UPDATE:  Been ordered to Arbitration and an Arbitrator has been appointed. 

It's when you mail it.

 

ARCP 5(c )(2)(c )

 

© Mailing it via U.S. mail to the person's last known address--in which event service is complete upon mailing

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