Rule 1. Small Claims Lawsuit
(a) Definition and Jurisdictional Limit. A small claims lawsuit is a voluntary, simplified procedure for a lawsuit in the small claims division of the justice court. The small claims division may only decide lawsuits in which the debt, damage, tort, injury, or value of the personal property claims by the plaintiff are not more than $3,500 and counterclaims by the defendant are not more than $3,500, exclusive of interest and costs. A small claims lawsuit also includes lawsuits where a party asks the court to disaffirm, avoid, or rescind a contract, or seeks equitable relief, and the amount at issue is not more than $3,500.
(b) Governing Authorities.
(1) Rules and Statutes. These rules and the Arizona Revised Statutes (“A.R.S.”) Title 22, Chapter 5, govern procedures for small claims lawsuits and provide a process for inexpensive, speedy, and informal resolutions. Courts and parties should interpret these rules liberally and consistently with this purpose.
(2) Electronically Filed Documents. Arizona Code of Judicial Administration (ACJA) § 1-901 applies to documents filed through an electronic filing service provider. “Electronic filing service provider” has the same meaning as provided in ACJA § 1-901.
(c) Representation. Attorneys may not represent a party in a small claims lawsuit unless all the parties agree in writing. A corporation, partnership, association, or any other business or organization must file a notice stating the name of an authorized person who will file and appear in court on its behalf.
(d) No Jury and No Appeal. There is no right to a jury trial or to appeal the judgment in a small claims lawsuit. The decision of the justice of the peace or hearing officer is final and binding on both parties.
(e) Electronic Signatures and Electronic Notarizations. The clerk must accept for filing any document that purports to have a signature, including documents that appear to be electronically signed or electronically notarized in accordance with applicable law. If the authenticity or sufficiency of an electronic signature or electronic notarization is disputed, a judicial officer will make a determination under applicable substantive law.