State Codes and Statutes

State Codes and Statutes

Statutes > Arizona > Title12 > 12-583

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:

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.