§ Rule 76 Notice of Final Disposition; Failure of Arbitrator to File Award; Judgment; Dismissal; Compensation of Arbitrators
Rule 76. Notice of Final Disposition; Failure of Arbitrator to File Award; Judgment; Dismissal; Compensation of Arbitrators
(a) Notice of Decision and Filing of Award or Other Final Disposition. Within ten days after completion of the hearing, the arbitrator shall:
(1) render a decision;
(2) return the original superior court file by messenger or certified mail to the Superior Court Clerk;
(3) notify the parties that their exhibits are available for retrieval;
(4) notify the parties of the decision in writing (a letter to the parties or their counsel shall suffice); and
(5) file the notice of decision with the court.
Within ten days of the notice of decision, either party may submit to the arbitrator a proposed form of award or other final disposition, including any form of award for attorneys' fees and costs whether arising out of an offer of judgment, sanctions or otherwise, an affidavit in support of attorneys' fees if such fees are recoverable, and a verified statement of costs. Within five days of receipt of the foregoing, the opposing party may file objections. Within ten days of receipt of the objections, the arbitrator shall pass upon the objections and file one signed original award or other final disposition with the Clerk of the Superior Court and on the same day shall mail or deliver copies thereof to all parties or their counsel.
(b) Failure of Arbitrator to File Award. Unless a formal award or stipulation for entry of another form of relief is filed with the court within 50 days from the date of filing the notice of decision, the notice of decision shall constitute the award of the arbitrator.
(c) Judgment. Upon expiration of the time for appeal, if no appeal has been filed, any party may file to have judgment entered on the award.
(d) Dismissal upon Failure to Apply for Entry of Judgment. If no application for entry of judgment has been filed within 120 days from the date of the filing of the notice of decision, and no appeal is pending, the case shall be dismissed.
(e) Referral of Case to Judge. If the arbitrator does not file an award or other final disposition with the Clerk of the Superior Court within 145 days after the first appointment of an arbitrator, the Superior Court Clerk or the Court Administrator shall refer the case to the judge to whom the case has been assigned for appropriate action.
(f) Amount of Compensation for Arbitrators. An arbitrator assigned to serve in a case subject to the provisions of Rules 72 through 77 of these rules shall receive as compensation for services in each case a fee not to exceed the amount allowed by A.R.S. § 12-133(G) per day for each day, or part thereof, necessarily expended in the hearing of the case. For purposes of this Rule 76(f), ‘hearing’ ' means any fact-finding proceeding or oral argument that results in the filing of an award or other final disposition, or at which the parties agree to settle and stipulate to dismiss the case. The fee to be paid in each county shall be decided by a majority vote of the judges thereof and the amount that is decided upon shall be incorporated into a superior court order filed with the Clerk of the Supreme Court, and a copy thereof shall be filed with the Clerk of the Superior Court of the applicable county. When more than one case arising out of the same transaction is heard at the same hearing or hearings, it shall be considered as one case insofar as compensation of the arbitrator is concerned.
(g) Payment of Compensation. The arbitrator shall not be entitled to receive the compensation prescribed in subparagraph (f) of this rule until after an award or other final disposition is filed with the Clerk of the Superior Court, or, if the parties agree to settle and stipulate to dismiss the case at a proceeding before the arbitrator, until after the case has been dismissed.