Senate Bill 1577 proposes significant changes to the probate jurisdiction of courts in Arizona. The bill repeals the existing section 14-1306 of the Arizona Revised Statutes and introduces a new section with the same number. The new legislation emphasizes the constitutional right to a jury trial in probate court, which cannot be violated unless a party has been informed of this right and has waived it in writing. It encourages mediation as the initial method of dispute resolution, with evidence of mediation efforts required to be recorded in the court.

If mediation fails or is not pursued, a bench trial may proceed, and a judge can issue orders on the matters litigated. However, if a litigant feels their rights have been substantially violated by a judge's order following a bench trial, they can demand a jury trial within 30 days, which must be scheduled within 45 days of the request. The bill sets the standard of evidence for a jury trial to be clear and convincing and allows a verdict with a three-fourths jury vote. Additionally, the bill permits a jury to impose civil penalties up to $2,500 for abuse of the process, considers false or withheld exculpatory evidence as perjury, and requires the court to inform litigants of these provisions at the start of litigation. It also allows for reexamination of previous matters adjudicated without a jury and specifies that these remedies are available only to the people, not state agencies.

Statutes affected:
Introduced Version: 14-1306
Senate Engrossed Version: 14-1306