Rule 4.11 - Hearings and Oral Argument(A) Notice of Hearing; Oral Argument; Evidentiary Hearing; M Book or Submitted Motions. The requirements for a Notice of Hearing are set forth in Rule 9, Arizona Rules of Probate Procedure. The following requirements are in addition to those set forth in Rule 9:(1) If oral argument or an evidentiary hearing is desired, the parties are required to follow the dictates of Pima County Local Rule 2.9 entitled "Oral Argument, Notice of Hearing, Submitted Motions";(2) If the party submitting the Notice of Hearing is requesting oral argument and/or an evidentiary hearing, the Notice of Hearing must so state;(3) Any Notice of Hearing for an appearance hearing must provide the Court with an estimated amount of time necessary for the hearing. Otherwise, the Court will set the hearing for as few as 5 minutes; and(4) Failure to submit a Notice of Hearing to the assigned Division at the time of filing a Petition or moving paper or any document in opposition thereto or failure to request oral argument and/or an evidentiary hearing within the Notice of Hearing will result in the matter being placed on the Court's "M Book" Calendar and will be decided by the Court had as proscribed in (B) below without oral argument/evidentiary hearing unless the Court orders otherwise.(B) M Book Calendar; Submitted Motions. Matters placed on the Court's M Book Calendar will be decided on the papers submitted unless otherwise ordered by the Court.(C) Non-Appearance Calendar.(1) Each Probate Court Commissioner and Probate Judge will maintain a non-appearance calendar. Any uncontested matter except the appointment of a guardian or conservator may be heard on the non-appearance calendar unless the Court notifies the filing party that an appearance is required.(2) A proposed form of order or judgment must be submitted with the documents relating to the non-appearance hearing.(3) Non-appearance hearings are set for 8:55 a.m. on the appointed date unless otherwise ordered by the Court.(D) Setting Dates. Each Probate Court Commissioner and Probate Judge will set the date and time for hearings on matters assigned to their Division. Except for emergencies, requests for injunctive relief, or as otherwise provided for under the Arizona Rules of Civil Procedure, the hearing date shall not be fewer than 21 days from the filing date of the applicable pleading absent good cause.(E) Continuances. Requests for continuances may be made as follows: (1) Filing a motion to continue, a proposed order, notice of hearing, and proof of notice to all interested persons entitled to notice by statute, rule, or court order;(2) Filing a written stipulation of all necessary parties and persons requesting notice, and a proposed order; or(3) Making an oral request at the hearing.(F) Form and Proof of Notice.(1) Proof of Notice of any document or item filed with or provided to the Court is required.(2) If the form of Proof of Notice is set forth by statute or court rule, that form must be followed. The rules applicable to captions and other matters of form of pleadings apply to all proofs of notice provided by this rule.(3) If the form of proof of notice is not set forth by statute or court rule then proof of notice must be made by one of the following methods and must be signed by the person effectuating service: (a) By filing a separate document in the matter entitled "Proof of Notice" which contains a description of the documents or things filed and served, the time and manner of service, and the name and service address of every noticed person; or(b) By certification of service/notice as set forth in Rule 5, Arizona Rules of Civil Procedure, which includes the time and manner of service, and the name and address of every noticed person. The proof of notice or certification must identify any noticed person who is known by the party to be a minor or a person under disability and, as to such person, state whether notice was given to the guardian, conservator, or court-appointed attorney of the person.
(G) Waivers of Notice. In addition to the requirements of Rule 14, Arizona Rules of Probate Procedure, matters in which notice has been waived may be presented for approval to the Presiding Probate Judge or a Probate Court Commissioner who will set the matter for hearing without the requirement of notice. Such matters will be set and considered as time permits. If a matter is time sensitive, the petition or motion must identify the time constraint. If all required waivers of notice, stipulations, and consents are filed with the petition or motion, the Court may grant the requested relief without further delay. In such cases, the party seeking relief must mail or deliver a copy of the order to all interested persons upon receipt and file proof of notice thereof, within a reasonable time not to exceed 14 days.(H) Compensation of Attorneys and Fiduciaries. In all matters filed in court related to compensation of fiduciaries, attorneys, and court-appointed investigators, the party requesting compensation or approval of compensation must file a verified, detailed statement of the services rendered and the time involved as required by statute, rule and applicable case law. This Rule does not apply to claims against Pima County for a Pay Order; such claims must adhere to Pima County's billing requirements.L. R. Prac. Sup. Ct. 4.11
Added effective 7/1/2018.