Ariz. R. P. Evict. Actions 11

Initial Appearance and Trial Procedures

sha256 cc3f884c2350f68ae16d2023b136dfcb… · retrieved 7/16/2026, 5:23:53 PM · Rules of Procedure for Eviction Actions — the R-07-0023 adoption order + the amendment ledger, azcourts.gov PDFs · awaiting human verification flip (text is verbatim; the flip is the review gate)

Rule 11. Initial Appearance and Trial Procedures
a. In General. All proceedings in eviction actions shall be recorded, either through a recording
device or by a court reporter. On the date and at the time set for the initial appearance, and after announcing
the name of the plaintiff and the defendant, the court shall:
(1) Call the case, identify the parties and any attorneys or representatives present and
ascertain that they are properly authorized to represent the parties to the action. As provided
by Arizona Supreme Court Rule 31, no property manager or other agent shall be allowed to
represent a party unless he or she is the property owner, a sub lessor entitled to possession, or
an attorney licensed to practice law and in good standing in Arizona.
(2) State or summarize the material allegations contained in the complaint.
(3) Ask the defendant whether the defendant contests the allegations contained in the
complaint.
b. Defendant's Plea.
(1) If the defendant appears and contests any of the factual or legal allegations in the
complaint or desires to offer an explanation, the judge should determine whether there is a
basis for a legal defense to the complaint either by reviewing a written answer filed pursuant to
Rule 7 or by questioning the defendant in open court. If the court determines that a defense or
proper counterclaim may exist, the court shall order a trial on the merits. If the trial is to be
continued to a later date, the court may require the defendant to file a written answer. If the
court orders a written answer to be filed, the court should advise the defendant of both the
requirement of an answer fee and the defendant's right to apply for a waiver or deferral of the
fee.
(2) The defendant shall not be required to answer until the initial appearance. At the initial
appearance, if the trial is not continued, the defendant may file an oral answer on the record.
No answer fee shall be required for an oral answer.
c. Continuances. Whenever possible, the trial should be held on the initial return date. The court
may order the continuance of a trial date by up to three court days in justice court or ten days in superior court
on the request of a party for good cause shown or to accommodate the demands of the court's calendar, but
the court nevertheless shall give priority to hearing and resolving alleged "immediate and irreparable" evictions.
No continuance of more than three court days in justice courts or ten days in superior courts may be ordered
unless both parties are in agreement.
d. Trial Settings. Contested detainer matters shall be set for a trial by a judge alone unless a jury
trial is demanded by the plaintiff in the complaint or by the defendant at or before the initial appearance.
Failure to request a jury trial at or before the initial appearance shall be deemed a waiver of that party's right to
a jury trial. At the initial appearance, if a jury trial has been demanded, the court shall inquire and determine
the factual issues to be determined by the jury. If no factual issues exist for the jury to determine, the matter

shall proceed to a trial by the judge alone regarding any legal issues or may disposed of by motion or in
accordance with these rules, as appropriate.
(1) Witnesses at trial shall testify under oath or affirmation. Witness testimony may be oral
or may be provided by transcript of a deposition if the witness is unavailable.
(2) All evidence taken at trial, or which is attached as an exhibit to a motion, shall be
subject to the Arizona Rules of Evidence.
e. Pleading Requirement. Except for those additional damage items contemplated by Rule
13(c)(2), the plaintiff shall not be permitted to advance allegations at the initial appearance or any subsequent
trial unless those allegations were properly stated in the complaint. The defendant shall not be permitted to
advance allegations at a continued trial that were not included in a written answer or counterclaim or in an oral
answer made at the initial appearance.
12. Trial by Jury
a. When an action is called for trial by jury, the jury panel shall be assembled. Voir dire may be
conducted by the court. Failure to submit written voir dire questions a day before the panel is assembled
waives the right to submit questions. When, after challenges for cause, a panel of thirteen in justice court or
fifteen in superior court is available, the court shall permit three peremptory challenges per side to reduce the
jury to seven in justice court or nine in superior court. One of the jurors shall be selected as the alternate after
the evidence is presented and before deliberations.
b. Immediately after the jury is sworn, the court shall instruct the jury concerning its duties, its
conduct, the order of proceedings, and the elementary legal principles that will govern the proceeding. At least
one day prior to the commencement of a jury trial, any party may file written requests that the court instruct
the jury on the law as set forth in the requests. A party shall be deemed to have waived request for other
instructions except those that could not reasonably have been anticipated prior to trial.
c. The order of trial shall be as follows: The plaintiff or the plaintiff's counsel may read the
complaint to the jury and make a statement of the case; the defendant or the defendant's counsel may read the
answer and counterclaim, if any, and may make a statement of the case to the jury, but may defer making such
statement until after the close of the evidence on behalf of the plaintiff; the plaintiff shall then introduce
evidence; the defendant shall then introduce evidence; the plaintiff may then introduce rebutting evidence; the
defendant may then introduce rebutting evidence in support of any counterclaim(s). The parties then may
make closing arguments in the same order.
d. If the jurors are permitted to separate during the trial, they shall be admonished by the court
that it is their duty not to converse with or permit themselves to be addressed by any person on any subject
connected with the trial. When the jurors retire to deliberate, they shall be kept together in a convenient place,
in the charge of a proper officer who shall not allow any communication to be made to them, or make any,
except to ask them if they have agreed upon their verdict.

13. Entry of Judgment and Relief Granted
a. Items to Review. Except for stipulated judgments entered pursuant to Rule 13(b)(4), in each
eviction action the court shall:
(1) Determine whether the service of the summons and complaint was proper and timely,
and whether the summons and complaint included all the information and notice(s) required
under Rule 5.
(2) Determine whether the tenant or occupant of the premises received proper termination
notice if one was necessary, and was afforded any applicable opportunity to cure. If the notice
does not comply with the statute or is not properly served, the court shall dismiss the action.
(3) Determine whether the facts alleged, if proven, would be sufficient to determine that
plaintiff has a right of superior possession due to a material breach of the lease agreement or
for any other basis in law.
(4) If it appears that a landlord has accepted a partial payment in a case claiming non-
payment of rent under the Arizona Residential Landlord and Tenant Act, the court shall inquire
whether the landlord accepted the partial payment, and if so, can produce a partial payment
agreement and waiver signed by the defendant as required by the statute. If the landlord is
unable to prove that the waiver was signed, the court shall dismiss the action.
b. Forms of Judgment.
(1) Guilty Plea. If the defendant appears at the initial appearance and enters a plea of
"guilty" or "responsible," the court shall, after determining that the conditions of Rule 13(a)(1)-
(4) are satisfied, enter judgment in favor of the plaintiff.
(2) Verdict. At the conclusion of a trial, and after determining that the conditions of Rule
13(a)(1)-(4) are satisfied, the court shall either announce its decision or take the matter under
advisement. If the court takes the matter under advisement, it shall issue a decision promptly.
(3) Default Judgment.
A. If the defendant fails to appear in person or through counsel on the initial return
date, and no continuance is granted, the court, after determining that the conditions of
Rule 13(a)(1)-(4) are satisfied, shall enter a default judgment against the defendant.
B. In an action alleging an immediate and irreparable breach, the court shall hear
evidence establishing such a breach before ordering a writ of restitution in not less than
12 nor more than 24 hours.
C. Mailing Default Judgments. The plaintiff shall promptly mail or deliver a copy of
the default judgment to the defendant.

(4) Stipulated Judgments. The court may accept a stipulated judgment, but only if the court
determines that the conditions of Rule 13(a)(1)-(2) have been satisfied and the form to which
the defendant stipulated contains the following warning:
Read carefully! By signing below, you are consenting to the terms of a judgment against you.
You may be evicted as a result of this judgment, the judgment may appear on your credit
report, and you may NOT stay at the rental property, even if the amount of the judgment is
paid in full, without your landlord's express consent.
The amounts awarded in the judgment must be consistent with the amounts sought in the
complaint, although the judgment may also include additional rent, late charges, fees and other
amounts that have accrued since the filing of the complaint, if appropriate. Notwithstanding
Rule 13(c)(2), if all parties or their attorneys personally appear before the court and the addition
is reasonable, the court may award an amount for damages or categories of relief not
specifically stated in the complaint.
c. Relief Granted.
(1) Possession of the premises.
A. Except as provided in subsection (2) of this section, if the judgment is for the
plaintiff, possession of the premises shall be awarded to the plaintiff. No writ of
restitution shall be issued until five calendar days after the judgment is signed.
B. When an immediate termination has been obtained due to a breach of a
residential lease agreement that qualifies as "material and irreparable" under the
applicable statute, the judgment shall provide for the writ of restitution to issue
between 12 and 24 hours after entry of judgment, or longer if the plaintiff so requests.
C. If the defendant is found not guilty, judgment shall be entered in favor of the
defendant. If the judgment is for the defendant and the plaintiff has possession of the
premises, possession of the premises shall, at the request of the defendant, be awarded
to the defendant with a writ of restitution to issue after five calendar days.
D. The date for the issuance for a writ of restitution shall not be delayed or
extended beyond the date provided by statute, unless the parties stipulate otherwise.
(2) Damages. In addition to determining the right to actual possession, and if either party
seeks a money judgment, the court may award damages to the party entitled to possession if
the party seeking money damages provided proof to the court of a factual and legal basis for an
award of rent or any reasonable late fees, attorney fees or other requested fees, charges or
damages. If a written rental agreement exists, the party seeking money damages shall have a
copy of the written rental agreement available for the court to review at the initial appearance
or subsequent hearing at which the judgment is rendered.

The court shall not award any amount for damages or categories of relief not specifically
stated in the complaint or counterclaim. The amounts awarded in the judgment must be
consistent with the amounts sought in the complaint or counterclaim, although the judgment
may also include additional rent, late charges, fees and other amounts that have accrued since
the filing of the complaint, if appropriate.
A. Rent. If appropriate, rent shall be awarded to a prevailing plaintiff together with
any additional rent that has accrued since the complaint was filed. If the plaintiff is
entitled to rent incurred after the judgment has been entered, then the plaintiff may
seek that amount in a separate civil action.
B. Utilities. If the landlord charged utilities to the tenant under a written or oral
rental agreement, unpaid amounts may be awarded to the prevailing plaintiff.
C. Late Charges. If the written rental agreement provided for periodic late charges
in the event of a rent default, the court shall award the prevailing plaintiff reasonable
late charges. No late charges shall be awarded unless the court is presented with
evidence that they are specified in a written rental agreement.
D. Additional fees. Other fees such as extra person fees, pet fees, storage fees,
signage fees, common area assessments, and other charges that were specified in a
written rental agreement and were to be collected periodically together with other
rental charges may be awarded to the prevailing plaintiff in accordance with the terms
of the agreements. Charges sought that were not contained in a written rental
agreement shall not be awarded in an eviction action, but may be separately sought in a
civil action.
E. Plaintiff's Damages. If the plaintiff prevails, in addition to rent and late fees,
when appropriate, the court may award to the plaintiff other damages for breach of the
rental agreement, including property damages, when properly pled in the complaint and
when such damages resulted from the breach giving rise to the eviction. When such
claims for other damages are substantial and disputed such that a fair trial of the claims
would likely delay the prompt determination of the eviction action, the court may sever
those claims and dismiss them without prejudice, permitting the plaintiff to reassert the
claims in a separate civil proceeding.
F. Defendant's Damages. Damages and/or offsets shall be awarded by the court if
a defendant prevails on a counterclaim or defense. In such event, the court shall
determine the prevailing party for purposes of awarding costs and reasonable attorney
fees.
G. If undisputed rent has been deposited with the court in connection with a

defendant's counterclaim, it shall be distributed in accordance with the judgment
without undue delay after the time for appeal has expired. If no rent remains due after
such proceedings or the tenant is found to have acted in good faith and satisfies a
judgment for rent entered for the landlord, judgment shall be entered for the tenant in
the action for possession.
H. Court costs shall be awarded as required by A.R.S. § 12 341.
d. Rent Concessions. If the court finds that a rental agreement or lease provided a rent concession
such as "free rent" for a period, a budget for tenant improvements, or a cash move in allowance, and the rental
agreement provides that in the event of a default the concession becomes due and payable, the amount of the
concession may be included as additional damages in the judgment to a prevailing plaintiff if pleaded in the
complaint. Alternatively, at the plaintiff's option, such amounts may be sought in a separate civil action.
e. Late Fees in Mobile Home Park and Recreational Vehicle Park Evictions. In cases involving
mobile home parks and recreational vehicle parks, the court shall limit the award of periodic late charges in an
eviction action arising out of such a tenancy to the statutory amount, and the court shall not reduce late charges
calculated in accord with that limitation unless the plaintiff fails to establish the existence of a written
agreement regarding such late charges.
f. Attorney Fees. Reasonable attorney fees shall be awarded to the prevailing party if the court
determines that such fees are provided for by statute or in a written contract. Any such award may not exceed
the amount the client has paid or agreed to pay.
g. Where permitted by law, the court may provide injunctive relief in addition to the remedies set
forth above.
Committee Comment
Rule 13(d). The Servicemembers' Civil Relief Act ("SCRA") will apply to certain cases in which the tenant is in the
military or a dependent family member of military personnel. See 50 U.S.C. App. §§ 531-538. Among other
things, SCRA generally allows military members to terminate a residential lease agreement without penalty if
they enter military service on active duty or are deployed or transferred, and SCRA also protects dependent
family members of military personnel.

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