HB 2549 — probable cause hearing; pandemic liability

HB2549 - 551R - H-Judiciary-ProposedH Ver   Fifty-fifth  Legislature                                                  JudiciaryHouse FirstEngrossed Regular  Session                                                  probable H.B.cause hearing;

pandemic liability   PROPOSED      State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session       HOUSE OFBILL REPRESENTATIVES2549 AMENDMENTS  TO  H.B.  AN ACT   amending title 12, chapter 6, article 12, Arizona Revised Statutes, by adding section 12-721;

2549relating (Reference to printedcivil bill)actions.       Page 1, line 4, strike "cause" and "validity" Lines 7, 9 and 13, strike "cause" insert "validity" Line 16, strike the first "the" insert "a" Line 17, strike "cause" insert "validity" Amend title to conform     FRANK PRATT     2549PRATT 02/12/2021 09:33 AM H:

LC/ls    (TEXT OF BILL BEGINS ON NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:

Section 1.

Title 12, chapter 6, article 12, Arizona Revised Statutes, is amended by adding section 12-721, to read:

START_STATUTE12-721.

Probable validity hearing;

civil action for damages based on an injury during a public health pandemic A.

Subject to Arizona rules of court, the court shall conduct a probable validity hearing for every civil action that is filed and that claims a party is liable for damages based on contracting an illness that is also the subject of a public health pandemic.

The probable validity hearing shall be bifurcated from and take place in a separate phase of the trial from the trial on the merits and shall occur at the earliest time possible.

B.

At the probable validity hearing, the plaintiff has the burden of proof to demonstrate that there is sufficient evidence to establish that the injury as alleged in the complaint exists and that the defendant is likely a cause of the injury.

C.

On a finding of probable validity, the court may proceed to a trial on the merits.

END_STATUTE