REFERENCE TITLE: civil action; preliminary hearing

State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023

SB 1429

Introduced by Senator Wadsack: Representative Jones

 

 

 

 

 

 

 

An Act

 

amending title 12, chapter 5, article 1, Arizona Revised Statutes, by adding section 12-517; relating to civil proceedings.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 12-517, to read:

START_STATUTE12-517. Civil actions; preliminary hearing; determination

A. NOtwithstanding any other law, in every civil action, The court shall conduct A preliminary hearing within thirty days after all of the parties in the case are served with notice of the lawsuit and the complaint.

B. at the preliminary hearing the court shall determine if the plaintiff has alleged a valid claim pursuant to the law and whether the claim is based on sufficient and relevant evidence for the case to proceed.  The court shall make a determination based on the pleadings and the law but may allow limited testimony if it is necessary to understand the pleadings or the application of the law to the specific cause of action. If a party has filed a motion to dismiss, the court must also issue a ruling on the motion to dismiss not later than the date of the preliminary hearing.END_STATUTE