§ Rule 8(i) Complex Civil Litigation Program Designation

Rule 8(i). Complex Civil Litigation Program Designation

This experimental rule has been extended by Administrative Order No. 2009-30 to December 31, 2010.

(1) Definition. In those counties in which a complex civil litigation program has been established, a “complex case” is a civil action that requires continuous judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote an effective decision making process by the court, the parties, and counsel.

(2) Factors. In deciding whether a civil action is a complex case under subdivision (a), the court shall consider the following factors:

(A) Numerous pretrial motions raising difficult or novel legal issues that will be time-consuming to resolve;

(B) Management of a large number of witnesses or a substantial amount of documentary evidence;

(D) Coordination with related actions pending in one or more courts in other counties, states or countries, or in a federal court;

(E) Substantial postjudgment judicial supervision;

(F) The case would benefit from permanent assignment to a judge who would have acquired a substantial body of knowledge in a specific area of the law

(G) Inherently complex legal issues;

(H) Factors justifying the expeditious resolution of an otherwise complex dispute;

(I) Any other factor which in the interests of justice warrants a complex designation or as otherwise required to serve the interests of justice.

(3) Procedure for designating a complex case. At the time of filing the initial complaint, a plaintiff may designate an action as a complex case by filing a motion and separate certification of complex case identifying the case attributes outlined in paragraph (2) justifying the designation. The certification shall be in a form approved by the Supreme Court as set forth in
paragraph (8) of this rule and must be served on the defendant along with the motion at the time of service of the complaint. Plaintiff's certification, and any controverting certificate of a party represented by an attorney, shall be signed by at least one attorney of record in the attorney's individual name. A party who is not represented by an attorney shall sign the party's
certification of complexity or controverting certification.

The signature of an attorney or party constitutes a certification by the signer that the signer has considered the applicability of Rule 8(i) of the Arizona Rules of Civil Procedure; that the signer has read the certificate of complexity or controverting certificate; that to the best of the signer's knowledge, information and belief, formed after reasonable inquiry, it is warranted; and that the allegation as to complexity is not set forth for any improper purpose. The provisions of Rule 11(a) of these Rules apply to every certification of complexity filed under this Rule.

(4) Procedure for opposing designation. If a plaintiff has certified a case complex and the court has not previously declared the action to be a complex case, and the defendant disagrees with the plaintiff's assertion as to complexity, the defendant shall file and serve no later than that party's first responsive pleading a response to plaintiff's motion and a controverting certification that specifies the particular reason for the defendant's disagreement with plaintiff's certificate.

(5) Designation by defendant or joint designation. A defendant may designate an action as a complex case if the plaintiff has not done so and if the court has not already made a ruling in this matter by filing a motion and the certification of complex case described in (3) at or before the time of filing defendant's first responsive pleading and serving them upon the plaintiff. The parties may join in designating an action as a complex case by filing a joint motion and certification of complex case with or before the filing of defendant's first responsive pleading.

(6) Action by court. The presiding judge of the court or designee shall decide, with or without a hearing, whether the action is a complex case within 30 days after the filing of the response to the designating party's motion. The court may decide on its own motion, or on a noticed motion by any party, that a civil action is a complex case or that an action previously declared to be a complex case is not a complex case. This ruling may be made at any time during the pendency of an action, for good cause shown. If the court finds that an attorney or party has made an allegation as to complexity which was not made in good faith, the court, upon motion or upon its own initiative, shall make such orders with regard to such conduct as are just, including, among others, any action authorized under Rule 11(a) of these Rules.

(7) Not Appealable. Parties shall not have the right to appeal the court's decision regarding the designation of an action as complex or noncomplex.

(8) Program Designation Certification Form. The certification of a complex case shall be substantially in the following form:

IN THE SUPERIOR COURT OF ARIZONA

IN AND FOR THE COUNTY OF MARICOPA

)

___________________________________, ) Case No. ____________________________________

Plaintiff )

) [ ] Certification of Complexity

vs. ) [ ] Joint Certification of Complexity

) [ ] Contravening Certification

__________________________________, )

Defendant )

___________________________________ )

[ ] The (undersigned certifies) (parties certify) that this action is a complex case for the following reasons:

[ ] Numerous pretrial motions raising difficult or novel legal issues that will be time-consuming to resolve

[ ] Management of a large number of witnesses or a substantial amount of documentary evidence

[ ] Management of a large number of separately represented parties

[ Coordination with the following related actions pending in one or more courts in other counties, states or countries, or in a federal court:

] ______________________________________________________________________________________

[ ] Substantial postjudgment judicial supervision

[ ] The case would benefit from permanent assignment to a judge who would have acquired a substantial body of
knowledge in a specific area of the law

[ ] Inherently complex legal issues

[ ] Factors justifying the expeditious resolution of an otherwise complex dispute

[ ] The following other factor(s) warranting designation as a complex case, in the interest of justice:

________________________________________________________________________

[ ] The (undersigned certifies) (parties certify) that this action is not a complex case for the following reasons:

________________________________________________________________________

Dated this ___ day of __________, 200 ___.

______________________________________ ______________________________________

(Attorney for) (Plaintiff) (Defendant) (Attorney for) (Plaintiff) (Defendant)

[This certification must be accompanied by a motion]