SB1699 proposes significant changes to the probate jurisdiction of courts in Arizona. The bill emphasizes the inviolable right to a jury trial in probate court unless a party has waived this right through written affirmation. It encourages mediation as the initial method of dispute resolution, requiring evidence of mediation efforts to be recorded. If mediation fails or is not pursued, a bench trial may proceed, and a judge can issue orders on the matters litigated.

The bill allows a litigant to demand a jury trial within 30 days if they believe their rights were substantially violated by a judge's order following a bench trial. A jury trial must be scheduled within 45 days of such a request. The standard of evidence for a jury trial is set to be clear and convincing, with a verdict possible by a three-fourths jury vote. Litigants can request a jury to reexamine parts of a verdict from a bench trial without relitigating the entire matter. The jury can impose civil penalties for abuse of the process, and false evidence is considered perjury. The court must inform all parties of these provisions at the start of litigation, and failure to do so renders court orders void. The bill also allows for the reexamination of past matters adjudicated without a jury and specifies that the right to a jury trial is available only to individuals, not state agencies or political subdivisions.

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