Arizona Laws 12-583. Good cause hearing
A. In a hearing held to determine whether good cause exists not to try a claim under this article, the court shall consider the circumstances of the parties and all relevant factors, including, but not limited to:
Terms Used In Arizona Laws 12-583
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Future damages: means economic loss and noneconomic loss arising from bodily injury that accrues after trial of a claim under this article. See Arizona Laws 12-581
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
1. Whether the risk that a lump sum award would be dissipated is insignificant.
2. Whether the amount of future damages is too small or the time over which the payments would be made is too short or the economic savings are not such as to warrant payment in periodic installments.
3. Whether a party responding to a claim for future damages is unable to fund a periodic installment judgment.
B. If the objecting party fails to establish by clear and convincing evidence that good cause exists not to try a claim under this article, the court shall overrule the objection to the election.
C. If the court finds that good cause exists not to try a claim under this article, the court shall set forth in the record the reasons for the finding.