Rule 16 of the Arizona Rules of Civil Procedure plays an important role in the pre-trial phase of a case. It is to help streamline proceedings and to “discourage wasteful, expensive, and duplicative pretrial activities.”

What is Rule 16 of Civil Procedure?

Rule 16 of the Arizona Rules of Civil Procedure outlines the procedures and requirements for pretrial conferences and orders. Its primary goal is to facilitate the management of a case from the early stages, promoting efficiency and clarity for both the court and the involved parties.

Under Rule of Civil Procedure 16(b)(1), the conference call is to…
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Rule 26.1 of the Arizona Rules of Civil Procedure requires that the parties to a lawsuit to exchange Initial Disclosure Statements within 30 (thirty) days of the defendant filing an Answer. These disclosure statements are often referred to as “Rule 26.1 Statements” or “Rule 26.1 Disclosures” for short.

Initial disclosure statements are not filed with the court but simply shared with the opposing party as part of the discovery process. Arizona courts require the parties to exchange all relevant information to the opposing party in an attempt to avoid “trial by ambush” and to increase the odds of an…
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Certificates of Convenience and Necessity (CC&Ns) in Arizona are regulatory tools used primarily in the utility sector, particularly for water, wastewater, and electric services. They are granted by the Arizona Corporation Commission and serve several purposes, including regulating utility services, ensuring reliable service to customers, and preventing overlapping or duplicate services within the same geographic area.

What They Are

• Defined: A Certificate of Convenience and Necessity is an authorization issued by the Arizona Corporation Commission that allows a utility company to provide services within a specific geographic area. It essentially grants a monopoly to the utility for that area, meaning

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Arizona’s Certificate of Assured Water Supply (CAWS) is a crucial component of the state’s water management strategy. Designed to ensure sustainable water use, the CAWS guarantees that new developments in Active Management Areas (AMAs) have a 100-year assured water supply. Here, we explore what it takes to obtain this certificate, the timeline involved, and the associated costs.

What is a Certificate of Assured Water Supply?

The CAWS is a certification issued by the Arizona Department of Water Resources (ADWR). It serves as a verification that a new subdivision within an AMA has a legally, physically, and continuously available water supply…
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Understanding Type 2 Non-Irrigation Water Rights and Their Conveyance: A Guide to A.R.S. 45-474

Type 2 non-irrigation water rights play a significant role. Among the various types of water rights, This blog post delves into what these rights entail, how they can be conveyed, and the specifics of A.R.S. 45-474, the Arizona Revised Statute that governs the transfer of these rights.

What are Type 2 Non-Irrigation Water Rights?

In Arizona, water rights are categorized based on their usage. Type 2 non-irrigation water rights are specific to non-agricultural uses, such as industrial, commercial, or residential purposes. These rights are allocated based…
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It is common for well share agreements to have a provision whereby a lien can be levied under ARS 33-1256 and ARS 33-1257 for unpaid dues.

steps to recording an assessment lien

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Arizona well share managers oversee the management of shared water wells. They are responsible for making sure the well is successfully managed.

well share manager tasks

• Manage the Designated Bank Account– A designated bank account should be used well pump electricity, well repairs, and well maintenance. Traditionally, each property owner pays a flat amount to cover the cost of the electricity and to set aside money for repairs. The well manager can periodically send a statement to all parties to the well share agreement so they can see how much money is sitting in the bank accounts.
• Paying the Utility

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A 48 hour notice must be given to Arizona tenants before their landlord can legally enter the rental property. Arizona landlords have the right to periodically enter their rental properties, however, the Arizona Residential Landlord Tenant Act states that entering the property is a right with limitations. In particular, landlords should not use the 48 hour notice as a way to harass or intimidate tenants.

Proper Notice to Arizona Tenant

A.R.S. § 33-1343(D) states that, “the landlord shall give the tenant at least two days’ notice of the landlord’s intent to enter and enter only at reasonable times.” Although the…
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What is “Runs with the Land”?:The legal doctrine of “runs with the land” refers to a principle that attaches certain rights, obligations, or restrictions to a piece of real property rather than to a specific individual. In other words, these rights or obligations are not personal to the current owner but are tied to the property itself. Meaning that when a property changes hands, these rights and obligations automatically transfer to the new owner.

This legal principle applies to well share agreements and so it is essential to understand how the rights and obligations regarding the shared well will be…
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Arizona does not permit “rent-striking”. Meaning, a tenant cannot legally withhold rent except in a very few exceptions.

Section 33-1363(A) and (B) of the Arizona Residential Landlord and Tenant Act specifically address what a tenant must do prior to withholding rent from the landlord.

Section 33-1363(A) states in part: A tenant “may notify the landlord of the tenant’s intention to correct the condition at the landlord’s expense. After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work…
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The legal doctrine of joint and several liability is a fundamental concept in tort law and contract law that plays a crucial role in determining who is responsible for damages when multiple parties are involved in a legal dispute. This doctrine is often applied when harm or injury occurs due to the actions or negligence of more than one party. In this blog post, we will delve into the concept of joint and several liability, understand its principles, and explore how it is applied in legal cases.
Understanding Joint and Several Liability
Joint and several liability is a legal doctrine…
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N-Tail Registration: What is the number? What does it mean? What kind of drones need a N-license number? https://www.faa.gov/licenses_certificates/aircraft_certification/aircraft_registry/register_aircraft

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WordPress is a free open-source solution that you can easily adapt to your business. Yet, the…
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What is the Statute of Frauds?
The Statute of Frauds is a legal doctrine that requires certain types of contracts to be in writing to be legally enforceable. Its primary purpose is to prevent fraudulent claims and misunderstandings arising from oral agreements and to create a clear and verifiable record of important contractual obligations. In Arizona, the Statute of Frauds for real property transactions is governed by A.R.S. § 44-101.
Real Property Transactions Covered by the Statute of Frauds in Arizona
The Arizona Statute of Frauds mandates that contracts involving the sale, exchange, or lease of real property, or any…
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