House Engrossed Senate Bill

State of Arizona

Senate

Fifty-first Legislature

First Regular Session

2013

CHAPTER 241

SENATE BILL 1346

AN ACT

amending title 12, chapter 10, Arizona Revised Statutes, by adding article 4; relating to class actions.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 10, Arizona Revised Statutes, is amended by adding article 4, to read:

ARTICLE 4. CLASS ACTIONS

START_STATUTE12-1871. Determination of maintainability; notice; rebuttable presumption; judgment; subclasses

A. After the commencement of an action that is brought as a class action and after a hearing, the court shall determine by order whether the action is to be maintained as a class action.� The court may condition, alter, amend or withdraw its order at any time before the decision on the merits.

B. If the court finds that an action should be maintained as a class action, the court shall certify the action in writing, shall set forth its reasons as to why the action should be maintained as a class action and shall describe all evidence in support of its determination. END_STATUTE

START_STATUTE12-1872. Court orders

In the conduct of class actions, the court may make orders that:

1. Determine the course of the proceedings or that prescribe measures to prevent undue repetition or complication in the presentation of evidence or argument.

2. For the protection of the class members or for the fair conduct of the action, Require that notice be given in any manner the court directs to some or all of the members of any step in the action, of the proposed entry of judgment or of the opportunity of members to signify whether they consider the representation to be fair and adequate, to intervene and present claims and defenses or otherwise to come into the action.

3. Impose conditions on the representative parties or on intervenors.

4. Require that the pleadings be amended to eliminate allegations as to representation of absent persons and that the action proceed accordingly.

5. Deal with similar procedural matters.

6. Combine with any other appropriate pretrial order. END_STATUTE

START_STATUTE12-1873. Appeals; stay

A. The court's certification or refusal to certify a class action is appealable in the same manner as a final order or judgment.

B. If an appeal is filed pursuant to this section, all discovery and other proceedings shall be stayed except that on motion of a party, the court may permit discovery proceedings to continue during the pendency of the appeal.

C. An appeal filed pursuant to subsection A of this section shall be entitled to preference. END_STATUTE

Sec. 2. Applicability

Title 12, chapter 10, Arizona Revised Statutes, as added by this act, applies only to causes of action that are filed after the effective date of this act.